Nehos Broadband Service Terms

1. GENERAL

1.1. Nehos Broadband services fall into two service grades, residential and business products. Residential services are contended best effort products and should not be used for business-critical services that are sensitive to latency, jitter, or packet loss, such as voice or real-time video streaming, or require high volume continuous file transfers. Residential grade products have no service levels offered, unless otherwise agreed in writing between the parties, and may have service restoration targets that may take days and should not be relied on without a backup service for business-critical tasks. Business grade services offer 1:1 contention, low latency, packet loss, and jitter with fast restoration times or backup options.

(i) Nehos NBN and Wireless product range is a residential grade service.

(ii) Bonded Copper and Business Fibre is a business grade service.

1.2. Orders that are sensitive to latency, jitter, or packet loss, such as voice or real-time video streaming, or require high volume continuous file transfers may be adversely affected on a residential grade service.

1.3. The advertised speeds offer the theoretical speed options for the Service. Note that Service does NOT have a guaranteed speed or throughput. The speeds actually experienced by End Users will depend upon a number of factors including National Aggregated Circuit bandwidth elected; equipment used; the number of simultaneous End Users using the Service; and the nature and quality of the connection at the relevant premises. In addition to these factors, FTTB/N/C services have a speed range. As referenced in the NBN Wholesale Broadband Agreement (which is available on the NBN Website): Where the bandwidth profile is expressed as a range, the range shows the maximum PIR which may be achieved at the NBN Network Boundary for the relevant bandwidth profile. The PIR can fall anywhere in the range for the relevant bandwidth profile in respect of a particular AVC TC-4 used to serve a premises (they are not minimum-maximum PIR ranges).

1.4. You acknowledge and agree that if the maximum data rate is not achieved then this is not a Service fault. For FTTB/N/C services, NBN will only provide slow throughput assurance support for an End User’s Service line rate speed that is below the bottom of the range (i.e. experiencing less than 25Mbps downstream on a 25-50/5-20Mbps AVC profile).

1.5. Copper pair is subject to Coexisting Network limits by NBN. During the Co-existence period, NBN only guarantees a minimum attainable sync speed; 12/1 Mbps for FTTN and 25/5 Mbps for FTTB.

1.6. The charges for the Service or an Individual Service are not necessarily fixed during the Committed Term for the Service or the Individual Service. Nehos Communications may vary the charges for the Service from time to time provided Nehos Communications may not increase the Charges for an Individual Service during the Committed Term for that Individual Service except to include any increase in the charges levied on Nehos Communications by Nehos Communications Suppliers in connection with the Service. If Nehos Communications increases the Charges, then it will try (where reasonably practicable) to give you 30 days’ prior notice or such other period of notice that it believes is reasonable in the circumstances, after which time the increase will become effective.

1.7. You must provide or procure for NBN Co and Nehos Communications (and their respective Personnel) safe and timely access to any premises owned, controlled, or occupied by you to be connected to or supplied with an NBN, Wireless, ethernet, or Fibre Service to perform any work required in relation to the supply of any Service you have ordered, including to deliver, install, connect, inspect, modify, replace, maintain, repair, reinstate, service, disconnect, remove, and perform any other work on or in relation to a Service or any part of the Network, including any NBN or Nehos Equipment, or, where lawful, any third party network.

1.8. In the event that provisioning of an Individual Service is delayed due to you not taking all reasonable steps in supporting the provisioning of an Individual Service process (for example, you fail to provide a technician with access to your premises or you cancel a scheduled service provisioning or delivery date), Nehos Communications reserves the right to begin billing you prior to the activation of the Individual Service.

1.9. It is the customer’s responsibility for implementing and maintaining the security of their account, usernames and passwords, equipment, and network. The Customer acknowledges that Nehos’s network is not a secure and confidential method of communication and shall transmit data on Nehos’s network at its own risk.

1.10. Without being in any way liable, Nehos shall endeavor to ensure that all data transmitted on Nehos’s network is transmitted to the person to whom it is addressed.

1.11. If the existing Service is terminated during the Initial Period, it will be deemed to be a termination of the existing Service, and any relevant early termination Charges will apply.

1.12. NBN Co is not providing any products or services (including the Service or Individual Services) to you; NBN Co does not have a contractual relationship with you regarding the supply of the Service or Individual Service and you must not contact NBN Co directly in relation to the Service or Individual Services unless otherwise notified by Nehos Communications or NBN Co.

1.13. NBN Co will not be liable to you in any way (including any claim in negligence) for any Loss you may suffer or incur arising from or in connection with the Service or any Individual Services or any Downstream Service.

1.14. You acknowledge that Nehos Communications may receive interception warrants from interception agencies and that Nehos Communications will provide interception in the event that a valid interception warrant is received.

1.15. Unfair Contract Terms Compliance
The Seller acknowledges and agrees that any term of this Broadband Services Terms that is deemed to be an unfair contract term under the Australian Consumer Law will be void and unenforceable. This does not affect the validity of the remaining terms.

1.16. Limitation of Liability
To the extent permitted by law, the Seller’s liability for any loss or damage arising from or in connection with these Broadband Services Terms is limited to the Charges paid by the Customer. This limitation of liability does not apply to any liability that cannot be excluded by law, including liability for fraud, personal injury, or death.

1.17. Dispute Resolution
In the event of a dispute arising out of or relating to this Broadband Services Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within fourteen (14) days, either party may refer the dispute to mediation by a mediator agreed upon by the parties or appointed by the Australian Small Business and Family Enterprise Ombudsman. Each party will bear its own costs of the mediation. This clause does not prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

2. FAULT REPORTING

2.1. Nehos will provide a fault reporting service between 8:30am and 6pm Mondays to Fridays (except for public holidays) (Brisbane time).

2.2. Additional charges for maintenance are payable each time a fault report is made where Nehos Communications determines that it is not responsible for the fault as it is located on your equipment or facilities. These charges are:

(i) for work conducted between 9am and 5pm Mondays to Fridays (except for public holidays) (Brisbane time) is: $120 (ex GST) per person for the first half hour and $95 (ex GST) per person per half hour thereafter; and

(ii) for work conducted at other times: $220 (ex GST) per person for the first half hour and $95 (ex GST) per person per half hour thereafter.

2.3. To report a fault please log into your customer account panel and proceed to the Support tab and log a fault under the appropriate section.

2.4. You agree to provide all necessary assistance to enable Us to locate and repair a reported fault but we will not be liable for any expenses incurred by the customer to find or rectify a fault unless by prior written agreement.

2.5. When requesting support for a broadband internet service please check that your own equipment is not at fault before proceeding with support. An incorrect call out charge may apply if the line carrier has determined that no fault is found or the fault occurred within the customers own equipment. Rates are charged as per section 9 below.

2.6. Nehos is responsible for correcting faults that are present in Our Network and equipment, but not for:

(i) any fault which is caused by Your equipment, but will, where possible, advise You of that fault and its probable cause and location but will bear no further liability or responsibility. Nehos Communications may charge you for any costs which Nehos Communications incurs in investigating the fault;

(ii) any fault which is within a Supplier Network of an interconnected Supplier, although We will notify that Supplier of the fault and request that it be corrected promptly.

2.7. Nehos provides support and diagnostics of customer premises equipment and network (outside of our Network and Equipment) as per the Nehos Support Agreement.

2.8. After Hours Urgent Support

(i) This service is available outside normal operating hours and is strictly for critical service effecting issues. This service is only to be used for Nehos voice / broadband network faults ONLY and not for issues with your own equipment or local network. Non critical issues e.g a individual destination failure or suspected performance issues can be reported at anytime but will be responded to within normal working hours.

(ii) Messages left for the urgent support team must include your customer account code, the authorised contact name, contact email and a detailed description of the fault, as well as any information that you believe would help us identify and resolve the fault. We will not respond to requests for assistance unless sufficient information is provided to help us identify the fault should also be submitted as email request to support@nehos.net

(iii) We reserve the right to charge as per the Nehos Support Agreement to customers using the After hours Urgent Support system for any non urgent support issues as defined above or if the fault was with your own equipment or local network.

3. REQUIRED EQUIPMENT

3.1. The Customer must provide, install, configure and maintain the appropriate equipment for Connection to Nehos network. It is the customers responsibility to check with Nehos before ordering any services that your current equipment and or network that will be used to connect to the Nehos network is recommended and compatible.

3.2. The Customer is responsible for payment of any costs associated with the data communications line (telephone line or similar link) used for Connection to Nehos network.

3.3. You must, upon becoming aware of an occurrence described in this clause, immediately disconnect or deactivate (or procure the immediate disconnection or deactivation of): any networks, systems, equipment or facilities owned or operated by You or any End Users that are:

(i) damaging, interfering with, or degrading or deteriorating the operation or performance of the Nehos Network or the supply of products or services to Us or any other customer of Our suppliers; or

(ii) incompatible with the Nehos Network or in order for Us to comply with the terms of supply by a third party; and

(iii) any connections referred to in this clause that are not made and maintained in accordance with the Service Agreement and all applicable laws.

3.4. You must ensure that any equipment used by You or any End Users in connection with the Service or the Nehos Network has all necessary regulatory approvals, the uses to which such Equipment is put are not prohibited by any Regulator and comply with the Service Agreement and all applicable laws, and is maintained in good repair and working condition.

3.5. You consent to Nehos and Our suppliers (and our respective Personnel) entering any premises owned, controlled or occupied by You, any of Your Related Bodies Corporate or any End User at which the Service will be provided, and doing anything that is necessary at that premises in connection with:

(i) the installation and supply of the Service;

(ii) the delivery, installation, connection, inspection, modification, replacement, maintenance, repair, servicing, disconnection or removal of any Nehos Equipment.

4. RELOCATION OF SERVICE

4.1. If you require us to move your service from one physical location to another we require you to apply for a new service at the new location and cancel the existing service.

4.2. If You are relocating an existing End User Service, We cannot guarantee that We will be able to provide the End User Service at the new End User Site.

4.3. If the existing Service is relocated during the Initial Period it will be deemed to be a termination of the existing Service and relevant early termination Charges will apply.

4.4. The standard Service Installation Charge for End User Services will apply to the relocated End User Service.

5. MANAGED ROUTER / CARRIER / NEHOS EQUIPMENT

5.1. Nehos managed routers have enabled a web interface to monitor and change basic configuration settings. By accessing and changing any configuration settings within the router you agree to indemnify Nehos in respect of any loss of service for any miss configuration, including reduction in service quality or security breaches.

(i) Nehos can provide training or configuration of the router as per the Support Agreement.

(ii) If you require Nehos to provide any advanced configuration changes i.e VPN, firewall etc changes or to fix any configuration issues made by the customer these will also be charged as per the Support Agreement.

5.2. You must use any supplied Nehos Equipment in accordance with any directions of Nehos notified to You from time to time

5.3. Supplied equipment including any configuration not accessible via the web browser (Nehos Intellectual Property) remains the property of Nehos Communications. Any attempt to access or change the configuration of equipment belonging to Nehos, is strictly prohibited and will constitute a breach of this agreement and subsequently reported to authorities.

5.4. You will ensure that the Nehos Equipment is not damaged and remains in good condition.

You must notify Nehos promptly on becoming aware of any damage to or malfunction of the Nehos Equipment or that Nehos Equipment requires maintenance of any kind.

5.5. Nehos may, subject to giving reasonable notice and at Nehos cost, change, modify, replace or remove the Nehos equipment in our absolute discretion.

5.6. the Nehos equipment always remains the property of Nehos or the supplier (as the case may be).

5.7. You will not enter into any agreement for the transfer, sale, mortgage, granting of any security interest or other dealing in connection with the Nehos Equipment.

5.8. You will not, without Nehos prior written consent, remove or obscure any identification marks on the Nehos Equipment.

5.9. You will comply with all reasonable instructions Nehos gives You to protect Nehos ownership of the equipment.

5.10. You will only use Nehos Equipment at the location stipulated by Nehos and will not part with possession of the Nehos Equipment except to provide it to Nehos.

5.11. You will allow Nehos to and, where applicable, will ensure that your landlord or any other relevant third party allows Nehos to, enter and remove the Nehos Equipment from Your premises upon expiry or termination of the Agreement; and

5.12. You will return the Nehos equipment to Nehos possession as soon as practicable in accordance with any Nehos request to do so where the Nehos Equipment is no longer used by You or this Agreement has expired or is terminated.

5.13. If You fail to disconnect and return Nehos Equipment within 10 Business Days of being required to do so, then We (or Our agent) may disconnect and recover that equipment. You are deemed to have consented to and approved of Us (or our agent, as the case may be) disconnecting and/or removing that equipment or other items or connections.

5.14. You bear the risk of loss or damage to the Nehos Equipment from the date of delivery of such Equipment to Your premises or when You pick it up and You indemnify Nehos in respect of any such loss of damage.

5.15. Nehos may charge You, in accordance with our standard time and material rates and terms, for any repair, maintenance or replacement of Nehos Equipment which is required due to events other than normal wear and tear.

5.16. You will make available an adequate power supply and environment (including air conditioning) for the operation of any Nehos Equipment.

5.17. You are liable to pay Nehos on demand any cost and/or expenses incurred in repairing or replacing the Nehos Equipment, or other property owned by Nehos or for which Nehos is liable, which is damaged or destroyed as a result of connection to Your network or power supply.

6. QOS REQUIREMENTS

6.1. All Nehos broadband services come with a Quality of Service (QoS) mechanism (traffic prioritization and policing) solution to be able to correctly control the flow of traffic over your LAN and WAN network. We believe this service sets Nehos apart from other providers by prioritizing traffic between Nehos and your site so that less important traffic will not interfere with more important traffic such as voice and video. 

6.2. When the service has been installed we would ask that you contact us so we can schedule a speed test of the service and tune the QoS Queues for you. 

6.3. Please contact Nehos support if you would like Nehos QoS settings changed to best suit your requirements.

7. SERVICE LEVEL AGREEMENTS

7.1. Nehos Broadband services require mains power to operate in the ordinary course and will not work if the power goes out and should not be relied on for emergency calls;

7.2. Nehos offers an alternative backup service for business critical services. Please contact Nehos sales for more information.

7.3. A restoration target will not apply where problems are caused or contributed to by interference.

7.4. The line provider will conduct restoration activities between 8:00am to 5:00pm on Business Days.

8. BYO EQUIPMENT

8.1. By selecting a BYO option you assume full responsibility for any configuration, network quality or security issues that may arise from using your own equipment.

8.2. By using your own router you acknowledge that this prevents the Nehos QoS traffic prioritisation. If your router is unable to provide QoS or not configured correctly to handle QoS it may reduce the quality and throughput of the network connection.

8.3. Nehos Support are limited to only confirm the DSLAM service statics for the service.

8.4. NBN Co is only able to confirm that the NBN Co equipment, network and Nehos service is configured and working correctly and may not show issues with your own equipment / network. In such circumstances where no fault found with the Nehos or NBN network, your account will be charged as per section 9 and 2.2.

9. ADDITIONAL SERVICE CHARGES

9.1. New Developments Charge (any access technology): $300 (ex GST)

9.2. If you cancel an Individual Service prior to the Service Start Date after submitting an Order, you will be charged $25.00 ($27.50 including GST).

9.3. Installation for non standard installation – Labour Rate + Materials over and above initial standard installation (price determined by NBN onsite and assessed on case by case basis)

9.4. Professional Installation of Central Splitter on a FTTB/N/C service during standard Access Virtual Circuit installation: Minimum $160 (ex GST). Charge calculated at Labour Rate + Materials over and above initial standard installation (price determined by NBN onsite).

9.5. Professional HFC-NTD Installation on a HFC Access Virtual Circuit: Minimum $150 (ex GST). Charge calculated at Labour Rate (minimum 2 hours)

9.6. Subsequent Installation: $270.00 (ex GST) + Labour Rate + Materials over and above Initial Standard Installation (price determined by NBN onsite)

9.7. Installation of Central Splitter on a FTTB/N/C service post-Access Virtual Circuit installation: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour) + Materials (minimum $10 (ex GST))

9.8. Equipment Modification (attendance at Premises required) FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)

9.9. Equipment Modification (attendance at Premises required) FTTB/N/C: Minimum $235 (incl GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)

9.10. Equipment Modification (attendance at Premises required) HFC: Labour Rate (minimum 3 hours) + Materials (Total price determined by NBN)

9.11. Equipment Removal FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)

9.12. Equipment Removal FTTB/N/C: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)

9.13. Equipment Removal HFC: Labour Rate (minimum 3 hours) + Materials (Total price determined by NBN)

9.14. Equipment Repair FTTP & Fixed Wireless: Labour Rate + Materials (price determined by NBN)

9.15. Equipment Repair FTTB/N/C: Minimum $235 (ex GST). Charge calculated at Labour Rate (minimum 3 hours at $75 (ex GST) per hour)

9.16. Equipment Repair HFC: Labour Rate (minimum determined by NBN)

3 hours) + Materials (Total price

9.17. No Fault Found (No Truck Roll Required): $60 (ex GST)

9.18. No Fault Found (Truck Roll Required): Minimum $160 (ex GST). Charge calculated at Labour Rate (minimum 2 hours at $80 (ex GST) per hour)

9.19. No Fault Found FTTB/N/C (Truck Roll Required and Professional Splitter Installation): Minimum $272.50 (ex GST). Charge calculated at Labour Rate (minimum 3.5 hours) + Materials (minimum $10 (ex GST)) (Total price determined by NBN)

9.20. Late Cancellation FTTB/N/C & HFC (Site Visit Required): $75 (ex GST)

9.21. Missed Appointment FTTB/N/C & HFC: $75 (ex GST)

9.22. Restoration: $50 (ex GST)

9.23. Incorrect callout FTTB/N/C & HFC: $75 (ex GST)

9.24. Voiceband Reinstatement/Transition Reversal FTTB/N/C: $250 (ex GST)

9.25. Voiceband restoration of an End User’s existing POTS in the event it is disconnected without authority/by accident by you: $250 (ex GST)

9.26. Transition Reversal in the event a FTTB/N/C was unauthorized (disconnection of FTTB/N/ C AVC and reversal of any installation works undertaken as part of the original Transition Order): $250 (ex GST)

9.27. Speed Upgrade: $POA