Downstream Connect Pty. Ltd.

Standard Form Contract

Preamble:

This contract is about the sale of internet to you as a customer at your premises. It is a standard form contract that starts without you having to sign a document agreeing to these terms and conditions.

In addition to this contract, we will comply with the internet laws and other consumer laws in our dealings with you.

If you need assistance reading or understanding this contract, or would like more information please contact us; PH: 1300 757 032, email: support@downstreamconnect.com. Or visit our website: www.downstreamconnect.com.au.

1. THE PARTIES

This contract is between:

Downstream Connect Pty. Ltd., ABN: 15 646 021 829, who sells internet to you at your premises (in this contract referred to as “we”, “our” or “us”); and

You, the customer to whom this contract applies (in this contract referred to as “you” or “your”).

2. DO THESE TERMS AND CONDITIONS APPLY TO YOU?

These are our terms and conditions, and this contract sets out the terms and conditions for a standard retail contract for a small customer under the Australian Communications and Media Authority (ACMA).

These terms and conditions apply to you if:

You request us to sell internet to you at your premises.

3. WHAT IS THE TERM OF THIS CONTRACT?

When does the contract start?

The contract starts on the date of the successful installation of your dish, of which won’t be completed until after you have provided us with all acceptable identification and billing details including credit card details if applicable.

When does this contract end?

If you give us notice stating you wish to end the contract; we will end this contract 30 days after you notify us; or

On a date advised by us, of which we will give you at least 5 but no more than 30 business days’ notice; or

If we both agree to a date to end the contract – on the date that it is agreed; or

If the premises are disconnected due to overdue fees (see Section 6), with no contact from you.

Vacating your premises:

It is recommended that if you are moving residence, that you inform us of the final date that you wish to have internet connected, as soon as possible.

We will send out the final bill to your nominated email address with the final amount owing on the final date of connection.

You will continue to be responsible for charges to the premises if you have not instructed us to disconnect your internet, regardless if you still occupy the premises or not.

4. SCOPE OF THIS CONTRACT

What is covered by this contract?

Under this contract, we agree to sell you internet at your premises. We also agree to meet other obligations set out in this contract and to comply with the relevant laws and rules.

In return, you agree:

To be responsible for charges for internet supplied to the premises until this contract ends even if you vacate the premises earlier (see Section 3); and

To pay the amounts billed by us under this contract; and

To meet your obligations under this contract and the relevant laws and rules; and

To promptly tell us if any of the information you have provided us changes, including your billing details, your name, your email address, and best contact phone number.

5. INSTALLATION, MAINTENANCE & DAMAGE

All equipment remains the property of Downstream Connect Pty Ltd.

Installation of equipment:

You will need to provide us access to your property during business hours, or out-of-hours when arranged.

We will need access to your roof and/or a mast, and to mains power and/or rack to install our networking equipment.

We endeavour to install equipment as soon as possible, and you will begin to be charged once the equipment has been successfully installed. Refer to Section 3 for more details.

Delays in installation could be caused from inclement weather, delays in delivery of equipment from our suppliers, power outages, and various other situations out of our control.

Maintenance of equipment:

We are responsible for maintaining our network equipment and quality of internet provided.

You are responsible for notifying us if there is a change in the quality and/or functionality of either the equipment and/or internet provided.

We may be required to change, or fix our network or network equipment, if that this happens and is likely to affect you, we will ensure we notify you as soon as possible.

If there is an internet outage that is out of our control, we will not be held liable.

Damage of equipment:

We accept liability of costs if equipment is damaged during the installation or maintenance process by us.

You accept liability of costs if equipment is damaged any other time other than installation or maintenance, including events such as weather damage.

We will not be liable for damage done to equipment if you have tampered with it or tried to fix it yourself.

6. PAYING YOUR BILL

Methods of payment:

Direct Debit (Auto Pay): This option is used if you prefer to have your nominated credit card automatically charged at the end of each billing cycle.

It is your responsibility to set up Auto Pay with your credit or debit card (instructions included in your Starter Pack).

Any discrepancies with your card need to be fixed by you as soon as possible.

When you have correctly set up Auto Pay on your account, it will automatically pay your bills on the due date each billing cycle.

Bank transfer: We will send a bill to you as soon as possible after the end of each billing cycle.

Bills will be sent to your nominated email or postal address, with bank details included.

What do you do if you can’t pay your bill?

Contact us immediately by phone or email, and we can arrange temporary disconnection to allow you time to pay your bill.

This temporary disconnection does not happen automatically in the circumstance that you don’t pay your overdue bill; it is only if you have contacted us explaining you are undergoing financial hardship.

What happens if you don’t pay your bill?

If you wish to keep your internet connected, and your bill becomes overdue; we will temporarily disconnect your internet until your bill is paid.

Once your bill has been paid, we will be able to reconnect your property.

In this circumstance, you will also be charged an additional $250 Reconnection Fee.

7. PRIVACY

All personal details provided to us will be kept confidential and in the possession of Downstream Connect Pty. Ltd. Please find our full Privacy Policy on our website, downstreamconnect.com.au.

8. ISSUES & COMPLAINTS

We endeavour to treat every issue with importance and urgency, so please contact us; PH: 1300 757 032 or email: support@downstreamconnect.com.

Before you submit an issue:

Make note of important details, such as what the issue is and when it started.

Think about what result will satisfy you.