1. Information Regarding This Agreement.      Please read this Agreement carefully.
The supply of Services under this agreement are provided by Auction Classifieds Pty Ltd (in this agreement referred to as "our", "we", "us", ISP Affiliate, Re-Seller or "TRUBLUE") ABN 43 096 765 016. TRUBLUE may use third party suppliers and or contractors for the supply of services under this agreement. By using the TRUBLUE Network you have indicated your acceptance of all the terms and conditions referred to in this Agreement. This agreement will be governed by and construed in accordance with the laws in force in Australia, and the parties irrevocably support non-exclusive jurisdiction in the Courts of Australia, when determining any dispute concerning this agreement.
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2. Definitions
Agreement means this agreement for the provision of services by us to you.
Charges means any charges payable by you to us pursuant to this agreement.
Default Fees means all charges and costs we may incur in relation to a breach by you of your obligations.
Schedule means the duly completed Service Application Form.
Service means the supply of Digital Subscriber Line access as described in this Agreement.
Application Date means the date your application is received by TRUBLUE either online, by fax or standard mail.
Supply Term is any 6 month or 24 month period as described in section 3 of this Agreement.
Carrier means our upstream supplier/s used by TRUBLUE for provision of these services.
Contractor means a licensed telephone installer.
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3. Terms of this Agreement
This Agreement commences on the Application Date and will continue until Services are terminated by either party. If you terminate this Agreement you will remain liable for all Charges and all other amounts that you are required to pay under this Agreement.

The Service Supply Term of this agreement is a fixed, 0 (zero), 6 or 24 month period or as per agreed upon service ordering from the Service Commencement Date. Please see plan details for the plan terms available. Termination cannot be effected prior to the expiration of a Supply Term.
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4. Termination
Should the Service be terminated within 6 months from the Service Supply Term starting Date by any of the following actions: (a) Cancellation of the Service at your request, (b) relocation of your Service from the installed Service address, (c) disconnection or cancellation of the phone line that the Service is attached to, you will be liable for a $88.00 termination fee together with Charges applicable for the Supply Term and any notice period.
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5. Credits
Any money deposited by you to the TRUBLUE bank account that was not requested by a valid TRUBLUE Tax Invoice or where there has been a procedural oversight, will be credited to your TRUBLUE account. Money held by TRUBLUE is not refundable and will be applied to your account until the credit has expired. TRUBLUE will only refund money when ordered by a competent authority.
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6. Notices
Notices under this Agreement may be sent to you by prepaid ordinary post, facsimile, or by electronic mail and will be deemed given: - For ordinary mail, three days after dispatch by express post. - For facsimile or electronic mail, upon acknowledgement of receipt of transmission by our facsimile equipment or our E-Mail server respectively.
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7. Our Rights and Obligations to you
We will use our best endeavours to provide you with a continuous Service and to provide the necessary information to access that Service, however this is not guaranteed.

Any personal information you provide us will be handled and protected, in accordance with the Privacy Act 2001 and we will obtain and hold any necessary licenses required under law. While we will use our best endeavours to ensure the data you transfer will be received by the intended destination (including electronic mail) we cannot guarantee that it will reach the intended destination.

TRUBLUE may assign any or all of the rights and obligations on its part contained herein, however you may not assign any of your rights or obligations hereto. You authorise TRUBLUE to review your credit rating at any time and to report any delinquencies and any other information concerning you.

TRUBLUE may amend this agreement from time to time, providing 10 days written notice to you. The amendment will take effect unless you notify us in writing of your objection. Any renewal in accordance with clause 3 subsequent to any amendment notice given by us, will despite any objection by you, be on the amended terms. This Agreement can only be varied as provided in this clause, or by agreement of both parties.

During the subscription process you will be asked for personal information and you authorise the ISP to obtain personal information about you to support your application to become an ISP member and to conduct all relevant credit checks and searches to enable the ISP to determine your credit worthiness.
You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform the ISP of any changes to your personal details.
Your privacy will be respected at all times, however the ISP may monitor or keep any records necessary that relate to your use of the service.
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8. Your Obligations to us
You must provide us with accurate and truthful information in your xDSL Service Application Form and keep us informed of any changes thereto and you are responsible for all Telecommunications charges required for connecting to the Service.

You will indemnify us in respect of all costs, damages, and loss whatsoever including any third party claims or costs, howsoever arising from any default, breach or termination of this Agreement by you.

Should you terminate the Service prior to the expiration of a Supply Term you will immediately pay to us the charges that would have been payable for the relevant Supply Term had the termination not occurred. You agree that should you terminate your Service during a Supply Term that you will be liable for all charges that would have been incurred until the end of the Supply Term.

You agree that we may use any Carrier for the provision of this Service and you agree that you will not contact the Carrier for any reason and agree that if you do contact the Carrier that you will be liable for all costs imposed on us by the Carrier. You agree that all IP addresses assigned under this agreement remain the property of TRUBLUE and that these may change from time to time.

You agree that you will not interfere with the normal operation of the service or any facility, or make either unsafe. You will allow the Carrier, Contractor or TRUBLUE safe access to your premises as required. You agree to ensure that the Carrier, Contractor or TRUBLUE are provided with sufficient and timely access to your premises to enable the Carrier, Contractor or TRUBLUE to provide the service. If you do not have control or have access to the premises in which the service is delivered, you must: Procure for the Carrier, Contractor or TRUBLUE all such access to the premises as may be required and indemnify the Carrier, Contractor or TRUBLUE against any claim by the owner or occupier of the service premises, or any person, in relation to the entry of those premises.
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9. Pan Information
All current plans are published on our web site and on all TRUBLUE Registration Forms which are available at all locations where TRUBLUE services are sold.

Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes and may be withdrawn at any time without notice and are subject to special conditions which are in addition to TRUBLUE Terms and Conditions. Some plans may also be subject to additional specific Terms and Conditions and we reserve the right to alter these conditions at any time to ensure appropriate network performance (inline with standard conditions). (These plans are identifiable and accessible on the Plans & Prices page/s).

All plans are either billed on the first day of each month, or the anniversary of you starting date, for the current month. Excess fees for the current billing period are charged in the next billing period.
One month's fee may be held in advance. Excess fees are deducted from the total. All Plans are renewed automatically.
Excess fees for services are as per specified on the appropriate prices pages on this website.
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10. Changing Your Plan
You may select a different plan at any time by calling TRUBLUE Customer Services, or using the form provided. The system will allow you to make one plan change every 24 hrs. If you change your plan, the change will take effect on the first day of the next billing period. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect.
Plan Changes within same Line Speed (Service level) are Free of charge.
(eg: 256/64k 75MB to 256/64k Unlimited). Line Speed Changes (Service Level), incurs a service fee of $66.00 each. (eg: 256k/64k to 512k/128k).
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11. Payment and Credit Terms
Supply of the Service is as per plan description unless otherwise agreed. You acknowledge that our payment terms are 7 days and should your credit card not be able to be debited for any reason or payment not received by the 9th of the billing anniversary, you will be considered in default.

You will be responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 4% calculated daily and compounded monthly.

Should your service be suspended for non payment, you will be liable to a re-connection fee of $50.00. Should your service be disconnected refer Item 4. Dishonoured cheques will incur a dishonour fee of $20 which is applied to your account.

If you make a Direct Deposit to the TRUBLUE bank account you must either fax a copy of the original bank receipt, including your account name and reference number, to the TRUBLUE office or use our Direct Deposit Form provided to have the payment applied to your account. A $20.00 discovery fee is applied to your account for locating and identifying payments to the TRUBLUE account that you have not sufficiently or correctly identified.
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12. Service Description
The Service uses Asymmetrical, or Symmetrical Digital Subscriber Line technology and any transmission speeds referred to by us, refer to the maximum theoretical speed achievable with the Service under ideal conditions, and you acknowledge that actual speeds may be different than the theoretical speeds. Speeds may vary for reasons which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, (C) Aggregation, and (d) errors in the configuration of your equipment. The ADSL Service is currently available in (3) three theoretical speeds: 256Kbps/64Kbps, 512Kbps/128Kbps and 1.5Mbps/256Kbps in asymmetric (faster downstream than upstream) configurations with static IP addresses included as part of the standard service.

Additional Carrier service features may interfere with the supply of the Service. These include but are not limited to: (a) Customer Loop Metering, (b) InContact, (c) Line Hunt, (d) OnRamp, (e) Payphone, and (f) Siteline and that any other telephony equipment used on the same line as the Service must be isolated from interference by the use of an xDSL line filter.

The Service is provided on an as is "basis" and we cannot guarantee the provision of the Service to you where the service is reliant on another Carrier. No service level guarantee is provided for this Service, however we will use our best efforts to provide timely restoration of service, however no guarantee is provided.

The service is only available as an overlay to existing copper local loop provided by the Carrier. Should you cancel your telephone service provided by the local loop, the Service will also cease to function. Data travelling to and from the Service will be metered and is subject to our Acceptable Usage Policy (AUP).

Residential Plans - Data or bandwidth is prioritised according to protocol type to protect the System from small minorities of consumers who may disrupt, degrade or abuse the network to the detriment of the majority of consumers.
A single permanent IP number is provided with each xDSL service. Additional IP’s are available for an additional charge.
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13. Liability and Warranty
Due to technical limitations by the Carrier, the Service can only be provided on a "Qualified Pair' telephone line, as described and determined by the Carrier. The Service is not guaranteed to work and there is no time frame for the restoration of a service in the event of a failure.

You warrant that the End User to whom the Carrier supplies a standard telephone service is the same End User of this Service and you acknowledge that the Installation of the Service may cause temporary disruption to the standard telephone service used in this application.

You agree to release and indemnify TRUBLUE, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of your telephone service, (b) Cancellation of the Service for any reason, (c) Suspension of the provision of the Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by TRUBLUE to provide services deemed by the Carrier to be incompatible with the provision of xDSL on the nominated analogue telephone line.
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14. Technical Support and Training
We will not be responsible for training you in the use of this Service. Our Service includes Optional On Site installation and commissioning of Service for the cost as outlined in our prices page. Free support is provided by telephone, our online Help pages, our Secure support ticket system or our Live Chat service. Support will only be provided for supported applications as listed on our web site and you must direct all service and performance questions to the TRUBLUE Helpdesk, and not to our Carrier.
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15. Complaint Procedure
If you have a complaint, you must first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party. Your complaint must be made in writing to TRUBLUE on the appropriate Complaint Form provided here. TRUBLUE will investigate your complaint and provide you with a written response within 21 days of receipt of your Complaint Form.

Failure by you to first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party is a breach of this agreement.
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16. Consumer Service Level Agreement - (CSLA)
1. TRUBLUE provides compensation to the Consumer under the (CSLA) Consumer Service Level Agreement, which guarantees 100% connectivity uptime of Dial-Up, xDSL, ISDN, Hosting and Telephone services provided by TRUBLUE to the Customer.
2. Planned Outages, network upgrades, provisioning delays, new installations, planned maintenance, CPE faults, CPE software and CPE operator errors are not covered by this CSLA.
3. Some services are not able to be covered by this CSLA. Services not covered by this CSLA are clearly defined in the Section that describes the relevant service.
4. The CSLA is a Back to Back agreement between the Consumer and TRUBLUE.
5. A Consumer CSLA credit is calculated on the retail price charged to the Consumer by TRUBLUE, including GST.
6. A CSLA claim submitted by the Consumer, that is approved by TRUBLUE, will be credited to the Consumer.
7. A credit on the CSLA is not provided automatically. A claim on the CSLA can only be initiated by the Consumer and must be approved by TRUBLUE.
8. A CSLA Claim Form is available from TRUBLUE for this purpose.
9. The Consumer will be compensated via the CSLA, using the following formula: Dividing the (A) monthly retail price of a service, by the (B) total number of hours in a month, multiplied by the (C) number of hours in a month the service was not available. EG: (A /B x C).
10. Any claim made by a Consumer under the CSLA, must be made within 60 days of the date of the event the Consumer may have been affected.

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