Terms and Conditions

iiNet Limited ABN 48 068 628 937

V1.1 Copyright © Published February 2004

These terms and conditions prescribe the specified Service conditions, which apply to the supply of the iiNet Service to You (the customer). These terms and conditions apply in addition to, and not instead of, the provisions set out in iiNet's Standard Form Of Agreement. The SFOA can be found at http://www.iinet.net.au/products/sfoa.html
iiNet reserves the right to alter these terms or conditions without written notice. A record of all amendments will be noted at http://www.iinet.net.au/products/variations.html

Definitions

In this document, certain words and phrases are capitalised and defined deliberately for accuracy. Definitions can be found at the end of this document.

1.0 bliink Range

• Service Descriptions
  
• Change of ADSL Line
  
• Cancellation Charge
  
• bliink Plan Change
  
• Disconnection
  
• Faulting
  
• Service Features
  

2.0 ADSL Services

• ADSL Freedom
  
• ADSL Explorer
  
• ADSL Express
  
• ADSL Corporate
  
• ADSL Commerce
  
• ADSL Enterprise

3.0 Domains

4.0 wiink

Definitions

1.0 The bliink Range

Service Descriptions

1.1	The blink Range refers to a range of Broadband Internet Access Services provided by means of an Asymmetric Digital Subscriber Line (ADSL) technology.
1.2	iiNet Broadband ADSL is only available on standard Telstra or Telstra reseller copper telephone lines, in exchanges which have been ADSL enabled. Your nominated Broadband ADSL line is subject to a Full Service Qualification as not all telephone lines are compatible with Broadband ADSL. Approved lines are subject to a Provisioning period before the Service can be activated.
1.3	The installation of Broadband ADSL may cause minor disruption to Your standard telephone service.
1.4	The conversion of Your nominated phone line to ADSL capability is included as part of the Service. You will be notified of ADSL Line Completion via the email address provided on application.
1.5	An ADSL modem is required to operate Your Broadband Service. You may either:
	(i) purchase a customised ADSL modem outright from iiNet; or; (ii) provide Your own ADSL modem (iiNet does not support hardware purchased from vendors other than iiNet, nor does iiNet guarantee that such hardware will be compatible with iiNet's network);
	You will require, and are responsible for the cost of, an Ethernet port/card to connect the iiNet ADSL modem to Your computer, and a telephone wall socket to connect the iiNet ADSL modem to Your phone line. All hardware purchased from iiNet requires a delivery time of approximately 2 - 5 working days.
1.6	The iiBuy plan is no longer available for application. The existing iiBuy conditions are:
	(i) the iiNet ADSL modem is to be paid off in quarterly installments for the duration of Your nominated term of 18 or 24 months; (ii) iiNet retains title to the modem until all quarterly repayments have been paid in full, whereby the title of the modem transfers to You; (iii) the iiBuy plan is only available to current iiNet customers; (iv) if You Cancel Your Service before the end of Your nominated iiBuy term You will immediately be invoiced for the remaining balance of Your iiBuy quarterly repayments plus a $25 administration fee; and (v) Your iiNet ADSL modem is covered by the warranty as described in clause 1.9.
1.7	Services using iiNet ADSL modems are not supported under the following circumstances:
	(i) You running connectivity software other than that provided with the iiNet ADSL modem (eg. rasPPPoE); (ii) You running internal networks connected to iiNet; or (iii) Macintosh Operating systems below v10.0.
1.8	The iiNet ADSL modem is only guaranteed in a one (1) PC environment. iiNet only supports a single machine connected to the iiNet ADSL modem or router. In addition, iiNet does not guarantee our customised modem software will be compatible with any network of machines you may have after the iiNet ADSL modem and recommends an ADSL router would be more suitable in a networked environment. iiNet also does not guarantee the results of wireless access or the compatibility of wireless devices with a users equipment and structure.
1.9	The iiNet ADSL modem is covered under a 12-month manufacturer's warranty. Damage resulting from electrical storms is not covered and iiNet advises You take due care during electrical storms that Your iiNet ADSL modem is turned off at the power supply and unplugged from the telephone line.
1.10	A filter is required on each telephony device attached to Your nominated ADSL phone line. The iiNet ADSL modem and any router purchased from iiNet, includes 1 filter. You are responsible for the costs of any additional filters You may require. Certain circumstances require a splitter rather than a filter as per cause 1.11.
1.11	You require a central splitter if You have one of the following on Your nominated ADSL line:
	(i) a monitored security system (back-to-base) that dials out on the nominated ADSL line, (ii) more than three telephony devices attached to the nominated ADSL line; (iii) a mode 3 phone socket; or (iv) a wall mounted telephone.
	Splitter hardware needs to be purchased at Your own cost. You will be responsible for employing a third party to install the splitter and all costs and effects that arise from the installation are between the third party and yourself. Service fees start from ADSL Line Completion regardless of the date of the splitter installation.
1.12	iiNet does not guarantee the compatibility of ADSL with some client end telephony equipment i.e. older fax machines, Panasonic cordless analogue phones, Commander phone systems, PABX, line-hunt groups and any other analogue devices. Administration

Administration

1.13	bliink Services require valid credit card or direct debit details. These details will be used for the set-up payment and all future invoices for all Services associated with the bliink Internet Service.
1.14	bliink BIZ, bliink SOHO and bliink BIZ + Services require valid credit card details at the time of on-line application. These credit card details are used for the one off set-up payment and all future invoices. Credit card details can be removed upon request.
1.15	Fees start from ADSL Line Completion. All bliink, bliink SOHO and bliink BIZ+ Services are billed in pre-paid quarterly installments. bliink BIZ Services are billed at the end of each calendar month.
1.16	Charges for the first part-month and final part-month of bliink BIZ will be based on Traffic only, to a maximum of Your Regular Fee. In addition, if Your Traffic in the first part-month and final part-month exceeds Your Service's Monthly Usage allocation, You will be billed for Excess Usage in line with Your Service Charges.
1.17	Where an invoice is unpaid after the Due Date, Your Service will be suspended without written notice. If an invoice remains unpaid iiNet reserves the right to Cancel Your Service and remove ADSL from Your nominated line.

Change of ADSL line

1.18

You may request a change to Your nominated ADSL line by making a new application for an upgrade of Your existing Service (Please Note: we do not cancel your existing bliink service until your new bliink service is live, unless requested). However, Standard service qualifications, provisioning times, set-up and service fees will apply. Where your existing bliink Service is cancelled within 6 months, an early termination fee applies as per 1.19.

Cancellation Charge

1.19	You may Cancel Your Service from the bliink Range by calling iiNet and quoting Your password. The following Cancellation Charges apply:
	(i) before ADSL Line Completion: no charge; (ii) within 6 months of ADSL Line Completion, $69 early termination fee; or (iii) after 6 month, no charge.
	There are no refunds on set-up or prepaid fees. Credit on prepaid fees may be used by You against Fees charged for another iiNet Service provided to You.

Bliink Plan Change

1.20	You may transfer from any Service within The bliink Range to another Service in the bliink Range (standard Provisioning times may apply). The following fees apply:
	(i) no charge is applicable when upgrading to a Service with a higher monthly fee; or (ii) $39 when moving/downgrading to Service with an equal or lower monthly fee.
	Fees and a new billing period for the new Service commence once Provisioning has been completed. Prepaid Fees may be used by You against Fees charged for the new Service. All Traffic used in the previous 30 days will be carried over to the Shaping quota of the new Bliink Service.

Disconnection

1.21	The following circumstances will cause ADSL to be disconnected from Your line:
	(i) relocation of Your phone line to a new address; (ii) changes to the phone line details (eg changes the account holder name or changing providers); or (iii) Cancellation of Your phone line. This event is between Yourself and Your nominated telecommunications provider, and iiNet is no party to this event. If You wish to have ADSL reinstalled on the line it will be Your responsibility to have the line reconnected at Your own cost. Failure to reconnect the line will result in Cancellation Charges as per clause 1.19.
	A $99 reapplication and disconnection Fees apply for iiNet to reProvision ADSL on Your line (at Your request). Standard Provisioning times may apply. All monthly Fees apply during Downtime.
1.22	In the event Your use of the ADSL Services interferes with iiNet's supplier's network or systems, iiNet or the supplier may Cancel the ADSL Service without notice or compensation. You may be liable for any Cancellation Charges as per clause 1.19.

Faulting

1.23

Broadband is provided without warranty in that it is fault free or continuous. In the event Your connection faults either line synchronisation or communications, contact iiNet. Fault resolution will normally occur within 72 working hours from notification. Depending on the nature of the fault, fault relief may take slightly longer. iiNet is not liable for any inconvenience or loss of revenue You may suffer as a result of this Downtime.

1.24

A back-up dial-up Service (via a standard modem supplied by Yourself) is available in the event of an ADSL fault (most major capital cities only). However, not all calls will be charged at the local rate, thus You are responsible for checking the cost of the phone call from Your modem to an iiNet back-up dialup number with your Telecommunications provider. Third party carrier costs for call connection fees from Your modem to an iiNet back-up dialup number are applicable. Your Internet Access Usage is calculated against the modem dial-up and will be recorded towards Your Traffic Usage for the month. (Please note static IP's not guaranteed).

Service Features

1.25	The download speed of the bliink ADSL Range is subject to Shaping (excludes Biz bliink).
1.26	The bliink Zone is available for the bliink Range nationally. Where possible, Traffic in the bliink Zone does not count towards your Shaping quota and where Your Service Shaping quota is reached, Traffic within bliink Zone is not slowed. You can refer to http://www.iinet.net.au/products/broadband/bliinkzone.html for a list of sites exempted towards and from Shaping. Some sites linked from the main site are external to the main site and are not included in the bliink Zone. Sites may be added to or deleted from the bliink Zone at any time, wholly at iiNet's discretion.
1.27	bliink Services are dynamic IP accounts. A new IP address is assigned whenever the computer and modem is rebooted. The IP address remains until the next time the computer and modem is switched off. IP addresses can only be reallocated on new connections and iiNet is not liable for any data intrusions while You maintain an active session. iiNet recommends You routinely reboot Your modem and computer.
1.28	The bliink Services are generally not suitable for hosting externally accessible servers and, by default the following ports are blocked for incoming connections: Port 80 (WWW), Port 25 (SMTP), Port 135 and 139 (NetBIOS), Port 443 (HTTPS) and ICMP packets. Other ports may be blocked without notice if this is deemed necessary for security or network management reasons. The port blocking can be removed by You through the Toolbox, which can be found at https://toolbox.iinet.net.au/
1.29	It is Your responsibility to ensure Your connection is secure. iiNet is not liable for any breaches because the security of Your computer has been compromised. iiNet recommends some form of PC protection such as firewall software be installed.
1.30	iiNet does not guarantee Your connection will achieve the theoretical maximum stated in the connection speed at any given time as variables such as signal strength, distance from exchange, traffic and load have an influence the connection speed.
1.31	Certain circumstances such as changes to cable records or incorrect qualifications by iiNet's upstream provider may result in a Service being incorrectly qualified. Where a Service has been identified as incorrectly qualified, iiNet may terminate the Service immediately. Clause 8 of the SFOA will apply. The unused portion of any prepaid Fee to the date of Cancellation will be refunded based on Usage.
1.32	iiNet does not guarantee the security of a users internal network, whether it be connected through the use of an iiNet purchased router/wireless access point or from a vendor other than iiNet.
1.33	iiNet does not warrant, guarantee or make any representation regarding the use, or the results of the use, of any of the Symantec software Sold by iiNet in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the service and the product is assumed by the end user.

2.0 ADSL Freedom, Explorer, Express, Corporate, Commerce and Enterprise.

2.1	Cancellation of an ADSL Service will result in the following charges:
	(i) before the end of the Contract Period - Full ADSL Break Fee or Enterprise Break Fee; or (ii) after the Contract Period has expired - Charges in the last part-month will be based on Traffic only, to a maximum of Your Regular Fee. In addition, if Your Traffic exceeds Your Monthly Usage allocation, You are billed for Excess Usage in line with Your Service.
2.2	Credit card details must be supplied for Explorer ADSL and Freedom ADSL Services. These details will be used for the Set-up fee, plus the payment of monthly invoices.
2.3	Where an invoice is unpaid after the due date, Your Service will be suspended without notice. If an invoice remains unpaid iiNet reserves the right to Cancel Your Service and remove ADSL from Your nominated line.
2.4	If Your ADSL enabled phone line is cancelled with Your telecommunications provider for any reason, Your contract will be broken. Full ADSL Break Fees apply. You may migrate to a Service from The bliink Range (at Your own cost and at no cost to iiNet).
2.5	You may not change Your nominated ADSL line. If You need to change Your nominated ADSL line, You may migrate to a Service from the bliink Range (at Your own cost and at no cost to iiNet). Full ADSL Break Fees apply.
2.6	You may not change from one iiNet ADSL Service to another. You may migrate from an ADSL service to a Bliink Service (at Your own cost).
2.7	In the event that Your useage of the Broadband ADSL Services interferes with iiNet's suppliers' network or systems, iiNet or the supplier may cancel the ADSL Service without notice or compensation. You may be liable for Break Fees under clause 2.1.
2.8	ADSL is provided without warranty, in that it is fault free or continuous. In the event that Your connection faults either line synchronisation or communications please contact iiNet. Fault resolution will normally occur within 72 working hours from notification, however depending on the nature of the fault, fault relief may take longer. iiNet is not liable for any loss of revenue You may suffer as a result of this Downtime.
2.9	A back-up dial-up Service (via a standard modem supplied by Yourself) is available in the event of an ADSL fault. You are responsible for checking with Your telecommunications provider that the cost of the phone call from Your modem to iiNet is not at a long distance rate. You are responsible for any third party carrier costs for call connection fees from Your modem to an iiNet back-up dialup number. Your Internet Access Usage against the modem dial-up will be recorded towards Your Traffic Usage for the month.
2.10	If an ADSL modem or ADSL Router is indicated as supplied by iiNet as part of the Set-up Fee, this hardware will be Serviced up to a year from the purchase date. Following the end of the Contract Period, ownership of the ADSL modem or ADSL Router will be transferred to You.
2.11	Modifications of ADSL Services are not permitted after 07/07/2001.

3.0 Domains

3.1	Strict rules and regulations apply to the registration of a domain name. It is Your responsibility to ensure Your application details comply with the domain name eligibility and allocation policy rules as described at http://www.auda.org.au/docs/auda-2002-07.txt
3.2	Requests for DNS record changes generally take between 24 and 48 hours to update globally from the time iiNet makes the request.
3.3	iiNet points all DNS records to iiNet's servers, unless otherwise specified.
3.4	It is Your responsibility to ensure that Your contact details on Your domain record are kept up to date. iiNet will not be held liable should Downtime be caused due to your contact details being incorrect or obsolete.
3.5	In the event that You are the billing contact for a domain name hosted by iiNet, You are responsible for informing iiNet of Your domain name's impending expiry. iiNet is not liable for any Downtime or losses where You have failed to do so.
3.6	Payments made to third parties for domain name renewals will not be compensated.
3.7	Domain license renewals will be paid by iiNet in the event that:
	(i) the domain is an open .au domain (any .com.au, .net.au, .org.au, .asn.au, .id.au domain) that has Connect West acting as the Registrar of Record. (ii) the domain is a gTLD domain (any .com, .net, .org, .biz, .info domain) that is listed on iiNet's Melbourne IT reseller account. (iii) the domain is a co.nz domain that has been registered through Domainz Limited.
	Where Your domain is hosted by iiNet but does not fall into one of the categories outlined above, the domain is not eligible to have the domain name renewed by iiNet. You may transfer Your domain to one of the above Registrars (where appropriate) in order to have iiNet renew Your domain license for You.

4.0 wiink

4.1	The wiink range refers to a range of Broadband Internet Access Services provided by means of an Asymmetric Digital Subscriber Line (ADSL) technology.
4.2	iiNet Broadband ADSL is only available on standard Telstra or Telstra reseller copper telephone lines, in exchanges which have been ADSL enabled. Your nominated Broadband ADSL line is subject to a Full Service Qualification as not all telephone lines are compatible with Broadband ADSL. Approved lines are subject to a Provisioning period before the Service can be activated.
4.3	The installation of Broadband ADSL may cause minor disruption to Your standard telephone service.
4.4	The conversion of Your nominated phone line to ADSL capability is included as part of the Service. You will be notified of ADSL Line Completion via the email address provided on application.
4.5	An ADSL modem is required to operate Your Broadband Service. You may either: purchase a customised ADSL modem outright from iiNet; or; provide Your own ADSL modem (iiNet does not support hardware purchased from vendors other than iiNet, nor does iiNet guarantee that such hardware will be compatible with iiNet's network); You will require, and are responsible for the cost of, an Ethernet port/card to connect the iiNet ADSL modem to Your computer, and a telephone wall socket to connect the iiNet ADSL modem to Your phone line. All hardware purchased from iiNet requires a delivery time of approximately 2 - 5 working days.
4.6	Services using iiNet ADSL modems are not supported under the following circumstances: You running connectivity software other than that provided with the iiNet ADSL modem (eg. rasPPPoE); You running internal networks connected to iiNet; or Macintosh Operating systems below v10.0.
4.7	The iiNet ADSL modem is only guaranteed in a one (1) PC environment. iiNet does not guarantee any network of machines You may have after the iiNet ADSL modem will be compatible with our customised modem software and recommends an ADSL router would be more suitable in a networked environment. iiNet only supports a single machine connected to the iiNet ADSL modem or router.
4.8	The iiNet ADSL modem is covered under a 12-month manufacturer's warranty. Damage resulting from electrical storms is not covered and iiNet advises You take due care during electrical storms that Your iiNet ADSL modem is turned off at the power supply and unplugged from the telephone line.
4.9	A filter is required on each telephony device attached to Your nominated ADSL phone line. The iiNet ADSL modem and any router purchased from iiNet, includes one (1) filter. You are responsible for the costs of any additional filters You may require. Certain circumstances require a splitter rather than a filter as per clause 4.11.
4.10	You require a central splitter if You have one of the following on Your nominated ADSL line: a monitored security system (back-to-base) that dials out on the nominated ADSL line, more than three telephony devices attached to the nominated ADSL line; a mode 3 phone socket; or a wall mounted telephone. Splitter hardware needs to be purchased at Your own cost. You will be responsible for employing a third party to install the splitter and all costs and effects that arise from the installation are between the third party and yourself. Service fees start from ADSL Line Completion regardless of the date of the splitter installation.
4.11	iiNet does not guarantee the compatibility of ADSL with some client end telephony equipment i.e. older fax machines, Panasonic cordless analogue phones, Commander phone systems, PABX, line-hunt groups and any other analogue devices.

Administration

4.12	wiink Services require valid credit card or direct debit details. These details will be used for the set-up payment and all future invoices for all Services associated with the wiink Internet Service.
4.13	wiink Services require valid credit card details at the time of on-line application. These credit card details are used for the one off set-up payment and all future invoices. Credit card details can be removed upon request.
4.14	Fees start from ADSL Line Completion. All wiink Services are billed in pre-paid monthly installments. wiink iiPhone Services are billed at the end of each calendar month.
4.15	Where an invoice is unpaid after the Due Date, Your Service will be suspended without written notice. If an invoice remains unpaid iiNet reserves the right to Cancel Your Service and remove ADSL from Your nominated line.

Change of ADSL line

Cancellation Charge

Disconnection

Faulting

Service Features

Definitions

Terms not defined here have the meaning given to them in the Standard Form of Agreement.

Asymmetric Digital Subscriber Line or ADSL means the technology that allows the transmission of digital information at high bandwidths on twisted metallic pairs.

ADSL Break Fee means the Fee levied when an ADSL Service (other than the Enterprise, which is liable for the Enterprise Break Fee) with a Contract Period is Cancelled before the Contract Period has been completed. The ADSL Break Fee is equal to $299 divided by the total number of Months of the Contract Period times the number of Months (or part Months) remaining of the Contract Period. Charges for Term Free ADSL Service will apply to the end of the calendar month from the Date of Notification.

ADSL Line Completion means the date that Your nominated phone line is upgraded to utilise ADSL Services as determined by iiNet.

ADSL Line Cancellation means the date ADSL is removed from Your nominated phone line as determined by iiNet.

The bliink Range or Broadband Service means any bliink, bliink BIZ, bliink SOHO or bliink BIZ+ Service.

Break Fee means the Charges set out in clause 2.1.

Broadband means a high-capacity communications pipeline capable of delivering a simultaneous range services at speeds greater than conventional dial-up.

Cancel or Cancellation means the process of You requesting cancellation of Your Service, or of iiNet ceasing to provide Internet Access.

Contract means the contract between iiNet and You that comes into effect on acceptance by iiNet of your Application.

Contract Period means the minimum term for a particular account.

Dial-up means a telephone connection in a system of many lines shared by many users. A dial-up connection is established and maintained for limited time duration, at speeds no greater than 56kpbs.

Domain Name means the registered name for a web address. A domain name needs to be registered, delegated and hosted for it to be accessible via the Internet.

Downtime means periods of unavailability or limited availability of Internet Access.

Enterprise Break Fee means the Fee levied when the Contract Period is broken and is equal to the minimum monthly Fee for the balance of the remaining Contract Period.

Excess Usage and Excess Usage Charges means the Fees for the Usage over and above the allocated Monthly Usage.

Fee means a sum charged by iiNet to You.

Full Service Qualification means the qualifications Your ADSL nominated line must pass to be ADSL capable.

gTLD means any .com, .net, .org, .biz, .info domain.

Local Time means the time as defined by the location of the Service Aggregation Point (SAP) of Your State. This is typically Your residential state capital.

open .au Domain means any .com.au, .net.au, .org.au, .asn.au, .id.au domain.

Provisioning means the time necessary to complete any work that is required for You to be able to access, modify or Cancel Your nominated Service. For Bliink Accounts this takes approximately 5 - 7 working days, but may be longer.

Regular Fee is the periodic Fee due to iiNet from You for Your Internet Access, excluding Set-up Fees and Excess Usage Charges.

Set-up Fee refers to a once off Fee for Service set-up.

Shaping means the download speed from the Internet will be slowed to 72kbps after the specified Traffic shaping quota or the Bliink time quota of the Service has been reached during Your monthly billing cycle. The maximum speed is to be determined from time to time by iiNet and may be changed without prior notice to You.

Traffic is all data that is inbound (i.e. incoming to your Internet connection), or outbound (i.e. outgoing from your Internet connection) at all times. Traffic may take the form of emails, web requests and web data, File Transfer Protocol (FTP) uploads or downloads and other Services. If you are connected to the Internet, then You are using Traffic. The Service you have will determine how your Traffic with iiNet is counted and/or billed.

Usage means the measurement of time or data generated by Your Internet Access.