BITSTREAM AND JETSTREAM TERMS
AND CONDITIONS
(Updated 4 October 2005)
1. This Agreement
1.1 This agreement applies to all customers of WISE Net Residential
Bitstream.
1.2 This agreement also includes WISE Nets’ Standard
Terms and Conditions and Acceptable Use Policy.
2. Availability of Services
2.1 Bitstream services are only available on a standard Telecom
phone line and services must only be used on that line.
Only one Bitstream account can be used on any one phone
line. Services are not available in all areas.
3. Initial Provision of Bitstream
3.1 For transitions from other broadband services and service
providers, it may take up to 15 or more working days from
the day you agree to take Bitstream for us to begin to
provide the services to you. It may take longer if you
request that we start the service to coincide with the
completion of any third party service providers billing
cycle. These times are an indication only and not a guarantee.
3.2 For new installation of Bitstream it may take up to 10
working days from the day you agree to take Bitstream for
us to begin to provide the services to you. This time is
an indication only and not a guarantee.
3.3 You will ensure that all information regarding your Bitstream
application is correct and complete. You acknowledge that
any incorrect or incomplete information could adversely affect
the length of time it takes to connect you to Bitstream and
could impact on our ability to provide adequate services.
4. Phone Support
4.1 Phone support is included for set-up and Internet related
technical problems on all Bitstream accounts and hours
of availability are advertised on our website.
4.2 Our service does not cover: Problems in your computer,
communication equipment, your software (except for software
provided by us) your phone line or any other part of the
Internet not forming part of our network. In addition to
this you are not covered if you use the service incorrectly
or due to any other event beyond our reasonable control.
5. Changing your Address or Phone Line
5.1 If you change your address or phone line, you cannot
take your services with you. Bitstream must be cancelled
to avoid charges, even if the phone line is no longer valid.
Services must be reinstalled on the new phone line, even
if you are maintaining your existing phone number, and
will incur installation charges. You will need to call
us at least 14 days in advance of the move so we can discuss
how to minimise service disruption.
5.2 Should your phone line become disconnected for any reason,
we can no longer provide Bitstream to you and is taken to
be a termination of agreement. Should you wish to enter into
a new agreement for Bitstream an installation charge will
apply.
6. Speed of Services
6.1 You acknowledge that any claims made about speed of service
are best effort peaks and not guarantees. Speed claims
are line speeds only and no guarantees are made for national
and international traffic, or any particular type of traffic.
6.2 Latency is not guaranteed, but should remain below 1000ms
one-way across the line only. There are no jitter guarantees.
7. Billing
7.1 We will bill for services one month in advance and any
installation or cancellation charges in arrears. Your first
bill will contain charges from when we first begin to supply
you with Bitstream and charges for the month in advance.
7.2 The Bitstream service is an “always on” connection
and can not be suspended. Charges for the full month will
still apply, even if not used.
8. Cancellation of Services
8.1 You can request service cancellation of your BitStream
service at any time, however it can take up to 45 days
to get the billing stopped and the service cancelled, as
we are dependent on the lead-times and billing period of
Telecom. It is possible to cancel the service quicker -
however this requires an agreement to pay all charges incurred
up until Telecom has stopped billing for the service, even
if your service has been technically disconnected prior
to this date. There is no cancellation fee.
8.2 When you agree to take Bitstream you must purchase the
service for at least one billing period. This means if you
cancel your order as soon as it is placed, you must still
pay for the entire billing period.
8.3 We reserve the right to cancel your Bitstream in the
event that we do not receive payment. We will give you 5
days notice via your preferred email address for you to pay
your account to avoid Bitstream cancellation. It is your
responsibility to have your email account details accurate
with us. In the event that we cancel your Bitstream, a reconnection
fee will apply if you wish to reinstate your services.
9. Changes to Terms and Conditions
9.1 We may at any time change these terms and conditions.
9.2 We may at any time, giving you 30 days notice via email:
-Change the charges for services.
-Amend or discontinue the services, or move you onto another equivalent plan.
It is your responsibility to provide us with correct and current contact information.
10. Your Obligations
10.1 You will indemnify us for any damages, loss or cost
caused by you or your actions (including failure to comply
with this agreement) which results in us being liable to
any third party carrier.
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