BOOM BROADBAND STANDARD FORM OF AGREEMENT
1.1 Terms and Conditions
BMP Australia Group, trading as Boom Broadband supplies Services on the terms and conditions in this Standard Form of Agreement. If you obtain or seek to obtain Services from us, you do so in accordance with these terms and conditions and the other documents which comprise your Agreement with us. This Agreement supersedes all prior agreements that we have with you in accordance with our right to vary that agreement.
1.2 Our Standard Form of Agreement
This Standard Form of Agreement is formulated for the purpose of section 479 of the Telecommunications Act 1997.
1.3 Customer Care
If you require any assistance or further information, please contact our Customer Assistance line on 1300 00 2666 or email email@example.com
Acceptable Use Policy means our policy which applies to your use of the Services, a copy of which is accessible on our Website at boombroadband.com.au/legal
Agreement or our Agreement means the agreement between you and us for the Services, comprising the terms stated in your Application, this Standard Form of Agreement, the Conditions of Service and our Acceptable Use Policy.
Application means an application made by you for the provision of Services by us, made by way of either a form, either online or printed, approved by us; or a telephone application with us.
Business Hours means 8.00am to 8.00pm Monday to Friday, excluding days which are public holidays in Victoria.
Carriage Service Provider means a carriage service provider within the meaning of the Telecommunications Act 1997.
Conditions of Service means the specific terms and conditions applying to a particular Service as set out in the Conditions of Service for the particular Service.
Customer Equipment means any equipment or facility in the possession, ownership or control of you other than Service Equipment.
Due Date unless otherwise agreed, means the date specified on the invoice as the due date.
Equipment unless otherwise specified, means Service Equipment or Purchased Equipment.
Fee(s) means a fee payable for a Service as set out in the Application, the relevant Conditions of Service or the Schedule of Fees and Charges and any other amount payable by you in accordance with the terms of our Agreement.
GST has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Internet Access means being able to access the Internet such that data can be transferred to and from the user’s computer.
Interruption in the supply of goods or a service means a delay in supplying, a failure to supply or an error or defect in the supply of, those goods or that service
Law means Commonwealth, state or local legislation, judicial administrative, or regulatory decrees, judgments, awards or orders, binding industry codes and all common laws and equity.
NBN means National Broadband Network
Personal Information means any information or document referred to in section 276(1) of the Telecommunications Act 1997 and any Personal Information within the meaning given in section 6 of the Privacy Act 1988 (Cth).
Privacy Act means the Privacy Act 1988 (Cth).
Schedule of Fees and Charges means our price list for Services and administrative fees and charges payable in accordance with our Agreement, as displayed on our Website.
Service(s) means a product or service which we have agreed to supply to you as stated in your Application.
Shaped Services or Shaping means the controlled reduction in speed of a Broadband service.
Taxable Supply has the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Third Party Supplier means a third party supplier from whom we acquire wholesale services which form all or part of the Service we provide to you.
VoIP means Voice over Internet Protocol
Website means boombroadband.com.au
we, our or us means BMP Australia Group Pty Ltd T/As Boom Broadband
you or your means the current account holder for the Services.
3. SERVICES PROVIDED
Our Agreement commences when we accept your Application and continues until terminated in accordance with our Agreement. When you request us to supply a Service to you, which may be made using our online sign up form or by telephone, we decide whether to accept your Application and to supply the Service to you based on:
(a) the Conditions of Service;
(b) your eligibility for that Service;
(c) is available to you;
(d) fulfilling our credit requirements; and
(e) your prior history with respect to any previous supply by Boom Broadband or a reseller of any goods or service to you.
3.2 NBN Services
Subject to our terms, we offer the following NBN Services
(a) NBN Fibre Service
(b) NBN Fixed Wireless Service
(c) NBN Satellite Service
3.3 NBN Service Requirements
The NBN Services are only available in NBN Service areas. All NBN Services are subject to availability which we may refuse an NBN Service at our own discretion. In order to be eligible to receive a NBN Service;
(a) Your premise must be connected to NBN Optical Fibre Access Network
(b) You must meet our service qualification check which can be found at www.https://boombroadband.com.au/nbn-explained/nbn-rollout-map/
3.4 Changing our Agreement
(a) In the event of circumstances out of our control we may need to make changes to this agreement. Some factors may be influenced by changes in Law, security requirements, changes to terms dictated by one of our Third Party Suppliers on which they supply services to us or to the functionality or nature of a Service or its underlying technology. We are therefore not always able to provide you with ongoing supply of a Service on the same terms and conditions that existed when we first commenced providing that Service to you.
(b) In addition, we may make changes for our own purposes during the term of our Agreement. Any changes are made will take effect for your Service in accordance with sections 3.5 and 3.6 below.
(c) You acknowledge and agree that in accordance with paragraphs (a) and (b), from time to time the nature of the Services and the terms on which we supply those Services to you may change and that if we elect to change those terms we will give you notice.
3.5 Your Rights if we Change the Agreement
(a) Subject to the exceptions permitted by section 3.6, we will give you notice of any changes we propose to make to our Agreement, including the terms of this Standard Form of Agreement, up to 30 days prior to the date on which those changes are to commence.
(b) Subject to the exceptions permitted by section 3.6, if the changes we plan to make causes you a detrimental impact that is not minor then you may immediately cancel the affected Service without incurring any exit Charge or penalty (providing we can recover any outstanding Charges incurred on which our Agreement ends and any outstanding amounts that cover installation costs or equipment where such equipment can be used in connection with services provided by other Third Party Suppliers), by giving us notice in writing to that effect within 42 days of the date of the notice referred to in paragraph (a) above.
(c) You acknowledge and agree that if you do not give notice to us within the 42 day period referred to in paragraph (b), you are deemed to have accepted our changes from the date those changes are to take effect and that our Agreement, as amended by those changes, will govern the relationship between you and us from that date.
We do not need to give you 30 days’ notice of our proposed changes or give you a right to cancel the Service under section 3.5 in relation to:
(a) urgent changes we are required to make:
(A) by law;
(B) for security reasons; or
(C) for technical reasons necessary to protect the integrity of our network;
(b) the introduction of a new charge or an increase in an existing charge:
(A) due to an additional tax or levy imposed by law; or
(B) for ancillary services such as credit card transaction Charges and direct debit charges (provided we have offered you a reasonable alternative at the same or lesser cost to the original charge);
(c) increases in charges due to increases imposed on us by other Suppliers for
(A) the following types of Services and charges:
(B) international carriage services (including for voice and data services) the current rates for which are available on our Website;
(C) content and premium services (including 1900 prefix services) which we resell to you from a third party, including where we collect Charges from you on behalf of that third party;
3.7 Change of Account Holder
If you require changing the account holder you can do so by having you and the new account holder contacting us at firstname.lastname@example.org. You will remain liable until we acknowledge the change of account holder.
3.8 Dedicated IP addresses
Boom broadband cannot currently provide a dedicated IP address for you service.
3.9 VoIP Services
Subject to our terms, we offer a VoIP service.
3.10 VoIP Services requirements
A VoIP service is only available with an ADSL or NBN service.
3.11 VoIP Emergency Calls
The emergency phone number for Police, Fire or Ambulance in Australia is 000.
It is possible to dial 000 from this service, however, your VoIP service should be considered a supplemental phone service. Your VoIP handsets rely on AC power and internet connectivity to make calls. It’s possible that, in an emergency, either or both of these facilities may be unavailable. The use of UPS (power supply backup) and redundant internet connectivity can reduce this risk, however they do not mitigate it entirely. Please ensure you have a fixed line or mobile phone to place emergency calls.
3.12 VoIP Incompatible Equipment
You will require a VoIP-enabled ADSL modem if you are using VoIP over ADSL line or a VoIP-enabled NBN router if you have a NBN connection. Alternatively you can purchase an ATA (Analogue Telephone Adapter) or a dedicated VoIP phone to convert the phone signal over the internet. Any router you buy needs to be able to support Ethernet WAN & VoIP.
(a) You must pay the Charges for the Services during the term of our Agreement. You are liable to pay for all Charges arising out of the use of the Services we provide to you, whether by yourself or any other person.
(b) If during any period of our Agreement you do not receive, or are unable to use, the Services you will, unless our Agreement specifically provides otherwise, be liable to pay for all Charges during such period.
4.2 Discounts, Credits and Rebates
Upon making your Application you will be informed of any discount or special rate for which you may be eligible. If you are eligible for a rebate, such as a promotional rebate, we will inform you of such an entitlement.
Unless expressly stated otherwise, all amounts payable by you under our Agreement are inclusive of GST
All portions of your use of the Services are charged for and unused allocations are not transferable or refundable. We reserve the right to reissue an invoice if any error in the amount shown owing on the invoice is subsequently discovered. We may issue an interim bill in the following circumstances:
(a) you change your existing plan;
(b) you request a new service to be connected;
(c) you relocate an existing service;
(d) we have reasonable grounds to believe you may be a credit risk
We will refund or credit any overpayment due to a variation in the Charges or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.
4.5 Calculation of Charges
Charges will be calculated by reference to data recorded. Records held by Boom Broadband will be evidence of the usage of your Service and charges payable by you.
Data is calculated, monthly, in accordance with your agreement. We will charge data and phone separately.
4.6 Time of Payment
All Charges must be paid in full by the Due Date.
4.7 Methods of Payment
Residential services must be paid by credit card standing authorisation. We reserve the right to charge you for any Charges that we incur from or must pay to your bank. If there is any payment discrepancy or disagreement about bank charges applied, you should contact us before your bank and we will try to resolve the issue. If you contact your bank and we incur a bank Charge as a result, we reserve the right to pass this Charge on to you.
4.8 Late Payment Charge
If any amount remains unpaid after the Due Date you will be liable to pay a late payment Charge as set out in the Schedule of Charges and Charges which shall be added to your next invoice.
4.9 Exit Charge
If your Application records that you have agreed to receive a Service from us for a Fixed Term then, if the Service is cancelled before the expiry of the Fixed Term, you will be liable to pay an exit Charge as set out in the Schedule of Charges and Charges.
4.10 Removal of Discount
If any Charges remain unpaid for 7 days or more, we reserve the right to vary or remove any discount previously provided to you and to charge you at our standard rate rather than any special rate which we have previously allowed you.
4.11 Suspension for Non-Payment
We reserve the right to;
(a) physically disconnect your service if Charges or any other amount payable by you remains unpaid 7 days after the Due Date (unless we have received written notice from you of a legitimate dispute of those Charges or other amount prior to the Due Date); and
(b) suspend your service if you fail to pay the outstanding amount in full within 7 days after we give you a notice demanding payment of the Charges which for the avoidance of doubt will include any administrative Charges.
4.12 Refunds and Credits
(a) The set-up Charge is processed upon commencement date and is nonrefundable unless we are unable to provision the service for you.
(b) In the event that your account for a Service is terminated and monies are owed to you by us (for example, for the unexpired portion of any Charge paid in advance by you), you agree that we may deduct any outstanding Charges on final settlement of your account and state on your final invoice (as applicable) the amount credited to you or the amount you must pay to us.
(c) You may elect to claim a refund for any amount credited on your final invoice or apply the credited amount to another Service we may supply to you by notifying us within 90 days of your receipt of the final invoice.
(a) If, at the time of application, we have reasonable grounds to believe you may be a credit risk, we may request that you pay in advance the estimated cost of using your Service for an invoice period.
(b) We may decline your Application, cancel, suspend or disconnect a Service if you do not provide the prepayment in advance when requested to do so in accordance with paragraph (a) above.
(c) If we cancel or disconnect all of the Services, we will return to you that portion of the prepayment that is not required to meet any outstanding Charges
4.14 Disputed Invoices
(a) If you dispute an invoice or claim a refund for overpayment of any Charges under our Agreement you should do so within six months of the Due Date of the invoice to which the disputed amount or alleged overpayment relates.
4.15 Cancellation, Suspension or Disconnection
If we cancel, suspend or disconnect any Service for non-payment, you remain liable for all Charges and other liabilities incurred before the date of cancellation, suspension or disconnection of the relevant Service.
4.16 Disconnection or Reconnection
We may charge you a Charge for the disconnection or reconnection of any Service as set out in the Schedule of Charges and Charges, except where the disconnection was caused by our failure to perform our obligations under this Agreement.
4.17 Bill Netting
Unless we agree in writing, you must pay the Charges without any netting of, counterclaim or deduction
4.18 Changes to your Service
You may upgrade your Service free of charge once per month. Upgrades include an increase in data and or speeds. You cannot downgrade your Service on any contacted or non contracted Services unless it is to your original Service. If you have a no contact Service and you wish to downgrade then you may incur setup fees in accordance with a new Service. Downgrading includes a decrease in data and or speeds.
5. PERSONAL INFORMNATION
5.1 Collection and Use
You authorise us to use personal information;
(a) To identify and asses your application;
(b) To supply the Service and Equipment;
(c) For the prevention of any illegal activity
(d) To keep you informed about upgrades, maintenance and features of our services.
You authorise us to disclose personal information;
(a) Regarding you or your service to third party suppliers such as NBN Co, as required by us or our third party suppliers for providing and maintaining the service;
(b) To government agencies, law enforcement authorities and other persons required by law;
(c) To any other person you have consented for us to.
6. YOUR COMMITMENTS
6.1 Internet Security
You accept responsibility for maintaining your own security and acknowledge that we recommended that;
(a) Use current antivirus software and firewall;
(b) Not disclose any personal information over the internet;
(c) Protect your user identity, email addresses and passwords;
Acknowledge that you are responsible for insuring Equipment that we provide to you.
6.3 Changes to personal information
You will inform us of any changes to your billing or address details. This can be done by contacting us via email on email@example.com, phone (1300 00 266) or by logging into your account in the Boom Room.
7. USE OF SERVICES
You acknowledge that you will not use your Service other than in accordance with our Terms and Laws and obligations applicable to the Services and their use.
7.2 Prohibited Use
You, and any person who accesses your service, must not use or attempt to use the service;
(a) To commit an offence or infringe on other persons rights;
(b) For illegal purposes or practices’
(c) In a way that makes it unsafe or injure or kill any person;
(d) In breach of the Fair Use Policy
If we sell to you with any item of equipment, the title passes on to you when payment has been received in full
If we sell to you any item of equipment then the Risk of damage or loss will pass on to you upon delivery
8.3 Required Equipment
If you choose to supply some or all of the Required Equipment yourself for use of the Service, the operation of such equipment and any repairs will be your responsibility
8.4 NBN CO Equipment
NBN Co owns all equipment except for customer premise equipment such as equipment installed after the Network Termination Device.
(a) You acknowledge and agree that you will comply with all instructions of us or NBN Co to protect the ownership of the NBN equipment
(b) You will not damage or tamper with the NBN Equipment and you will take reasonable care of the NBN Equipment
(c) You are liable for any damage to the NBN Equipment, unless the damage is caused by us or NBN Co and their contractors.
8.5 Installation – NBN Fibre Service
A standard installation for a NBN Fibre Service includes
(a) The installation of the Optical Premises Connection Device (PCD) on the outside of your Premise.
(b) The drilling of a small hole through the wall of you Premises to feed the cable from the PCD through into a wall plate that will be installed inside the Premises. A cable will run from there to the Network Termination Device (NTD).
(c) The connection of the power supply unit (PSU) into the nearest standard 240V power point to where the NTD is located.
(d) The connection of a 12V power supply cable form the PSU to the NTD. The provision of the power supply is your responsibility.
8.6 Installation – NBN Fixed Wireless Service
A standard installation for a NBN Fixed Wireless Service includes
(a) The installation of an outdoor antenna on the outside of your Premises.
(b) The installation of a Wireless Network Termination Device (WNTD) inside your Premises.
(c) Connection of an Ethernet cable from the Wireless outdoor antenna unit, via a wall plate to the WNTD.
(d) The connection of the WNTD to a power supply unit, connected to the nearest 240V power point.
8.6 Other Installation Requirements
If you have any non-standard installation requirements, you must discuss these with the installation technician. Your preferences may not be suitable to the technical requirements that need to be met, these include:
(a) The PSU and NTD are in the same building as the main electric meter;
(b) The location is cool, wet and dry, near a power point and away from busy areas.
8.7 Neighbor Consent
You acknowledge that when an Fibre cable passes through a neighboring property that consent needs to be obtained. NBN Co through its contractors will attempt to seek consent and in the event that consent is not obtained NBN Co will attempt to find alternative means of connecting your Premises. This process can delay the activation of your NBN Service
8.8 Installation guidelines
You acknowledge that you understand that installation dates are controlled by NBN Co and are non controllable by us. However, we will endeavor to get the best available time to suit you. A standard installation of the NBN equipment within your home, generally takes around 2 to 3 weeks. The length of time it takes to install the equipment can depend on variables such as:
(a) The availability of NBN Co technicians in your area to conduct the installation.
(b) Civil works. Some installations may require further civil works to enable the cabling to be installed to the home. This is not typical but can result in significant delays.
9. Suspension and Cancellation of Services
9.1 Suspension, cancellation or termination
We may immediately suspend or terminate the Service or terminate this agreement without notice to you if you breach the terms of this Agreement or where:
(a) A Wholesale Service Provider ceases to supply all or part of the service to us;
(b) We are required to do so by law;
(c) There is an emergency;
(d) You provide incorrect or false information about yourself relating to the service;
(e) You are unable to pay debts owed to us;
(f) You fail to comply with our acceptable use policy
9.2 Your rights to cancel or terminate
(a) You may cancel a Service by giving 7 days notice provided that you may be liable to pay an exit fee in accordance with our schedule of fees and charges if you do so during a fixed term
(b) You may otherwise cancel a Service at any time by contacting us online at boombroadband.com.au or through the Boom Room client area if:
(A)You are entitled to do so in accordance with your agreement
(B)We are in material breach of our Agreement which we have not been able to resolve within 14 days of you telling
10.1 Our liability under the Customer Service Guarantee
(a) To the extent that we provide you with a standard telephone service (as defined in the Telecommunications (Consumer Protection and Service Standards) Act 1999) and specified enhanced call handling features, our service must comply with the Customer Service Guarantee Standard (the ‘CSG’). The CSG sets out minimum performance standards in relation to service connection times, fault repair times and keeping appointments to provide you with a Service. The CSG does not apply to Customer Equipment or to customers that have more than five telephone services. We will connect Services not covered by the CSG within a reasonable time.
(b) If we do not meet the CSG performance standards, you may be entitled to receive monetary compensation as specified in the CSG. However, there are circumstances in which we may be exempt from meeting those requirements, including if you have agreed to a CSG waiver under the terms of the Conditions of Service for your service in accordance with Part 5 of the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2), where you unreasonably refuse us access to your premises or if you miss an appointment without giving us reasonable notice. For more information about the CSG, go to the Australian Communications and Media Authority website at www.acma.gov.au.
10.2 Exclusion of Liability
To the extent permitted by Law, we have no liability to you or to any other person for:
(a) Any Claim by you or any other person for loss of profits, economic loss, loss of data or any indirect or consequential loss or damage arising from or in connection with any breach of contract, any tort (including negligence) or any other basis;
(b) Any loss or damage suffered by you in connection with this Agreement or the Service to the extent that your acts or omissions or any Customer Equipment cause or contribute to that loss or damage;
(c) Any failure on our behalf to perform our obligations under this Agreement where that failure is due to an event occurring outside our reasonable control, including explosions, natural disasters, war or an act of God; and
(d) Acts, omissions or defaults of any Third Party Supplier or any person who provides goods or services directly to you for use in connection with a Service. However, we will use reasonable endeavours to ensure that any Third Party Supplier cooperates in order to deliver the Service in a timely manner, provides and maintains the Service in a responsible fashion and rectifies any faults in relation to the Service in a timely manner
10.3 Other Liability
In additional to the limitation of liability provisions contained in the terms of the SFOA, the limitation of liability shall be extended to exclude all liability (to the extent permitted by law) of NBN Co and its related bodies, arising from or in connection with the Service or NBN Co equipment.
11. Force Majeure
Subject to our obligations under the CSG we are not liable for:
(a) Any delay in installing a Service;
(b) Any delay in correcting any fault in a Service;
(c) Failure to provide incorrect operation of any service;
(d) Services outage; or
(e) Any default by us in compliance with this agreement,
If it is caused directly or indirectly by an event beyond our reasonable control.
(a) You may not assign or transfer or otherwise deal with any of your rights or obligations under this Standard Form of Agreement (SFOA) without our prior written consent.
(b) We may assign some or all of our rights under our SFOA to any person.
(c) We may transfer some or all of our obligations under this SFOA to a purchaser of Boom Broadband’s business on condition that the transferee agrees to provide the Service to you on materially the same terms and conditions of our SFOA.
(d) We may perform any of our obligations under the SFOA by arranging for them to be performed by another person. We will still be responsible for the performance of the obligations.
13.1 Giving Notice to You
We may satisfy any obligation to give you notice by:
(a) Delivering the information to you in person;
(b) Sending the information by pre-paid post to the address listed in our records for you;
(c) Transmitting the information to the email address listed in our records for you. By applying for the Service, you consent to notices being sent to your email address. It is your responsibility to check your emails and to inform us of the most appropriate email address for receipt of notices or if you do not wish to receive notices via email;
(d) Including the information on, in or with an invoice, including by an invoice made available to you online via the Website, provided you have consented to receiving the invoice in that format;
(e) To the extent permitted by the terms of this Standard Form of Agreement and any other applicable Law, by publishing a notice in a daily newspaper circulating generally in the region or capital city of the State or Territory in which you ordinarily reside or carry on business.
We will seek to resolve any dispute by agreement or consultation with you and request that you ring our customer service team on 1300 00 2666 in the first instance. If a dispute remains unresolved, you may have rights under the Telecommunications Industry Ombudsman (TIO) scheme. For further information go to www.tio.com.au or call the TIO on 1800 062 058 or (TTY) 1800 675 692.
13.3 Current Terms
A current version of our Standard Form of Agreement, the Schedule of Fees and Charges and the Conditions of Service may be found at boombroadband.com.au/legal.
13.4 Intellectual Property
You do not own or have any legal interest in any of our intellectual property or in any telephone number, IP address, domain name, personal identification number or other locator or identifier issued by us to you.
13.5 Entire Agreement
This Agreement contains the entire agreement between the parties and supersedes all prior agreements and understandings between the parties in connection with it.
13.6 Governing Law
This Standard Form of Agreement is governed by the Laws of the State or Territory in which you reside (as stated on your Application).
13.7 No Reliance
You acknowledge that:
(a) Advice from Boom Broadband’s staff is given in good faith and with the best of intention, however Boom Broadband does not represent that its staff are experts in the operation of your computer hardware or software. You undertake to act on any advice given by any Boom Broadband’s staff member at your own risk;
(b) Boom Broadband makes reasonable efforts to ensure that the information on the Boom Broadband website is correct and up to date. However, Boom Broadband does not warrant the accuracy of that material.
We may subcontract any of our obligations under this Agreement.
13.9 No Waiver
No failure to exercise, nor any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.