Fish Telecom

Standard Form of Agreement (Broadband Services)

General Information

For the purposes of this Agreement, the Service Provider refers to Fish Telecom Pty. Ltd. trading as Fish Telecom and Fish Internet of Suite 1B, 83-85 Market Street, Wollongong, NSW, 2500. The Customer refers to the account holder of a broadband service with the Service Provider.

To simplify this agreement, Customers will be classified into the following categories: FishCorporate and Residential. FishCorporate Customers are clients whose plan names are 'Tierra Connect' or 'FishConnect', pay more than two hundred dollars per month or have a direct connection into the Fish Telecom IP network (ethernet cable, optical or FishCONNECT link). Customers on all other plans are considered to be Residential.

This Agreement may not be transferred to another person or entity. The Service Provider reserves the right to terminate or suspend this Agreement immediately should the Service provider suspect the Customer has breached the terms and conditions set out in this Agreement. If the Service Provider does not exercise, or delays exercising its rights under this Agreement it is not to be seen as waiving its rights. This Agreement is governed in accordance with New South Wales Law.

The "product" you purchase is composed of a "good" and a "service". The good is the modem, power supply and cabling supplied to you by the manufacturer with their warranties, not the Service Provider. The service component is managed by the Service Provider and the Service Provider will endeavor to maintain the service operational at all times.

The Service Provider reserves the right to change this Policy to reflect any changes in the law or community standards or whenever it deems it necessary without notice. Any changes will be effective upon posting to the Fish Telecom website at the following URL: http://www.fishtelecom.com.au/sfoa.php and it will be the Customers responsibility to ensure that they are fully aware of these changes at all times.

Privacy

In order for the Service Provider to fulfill its service obligations the Service Provider will require particular details of the Customer. The Service Provider covenants with the Customer that the Customer's details will only be used within the Service Provider's capacity and/or its related entities.

Technical Requirements

In order for a Customer to receive the Service, the Customer must have a computer running one of the following Computer Operating Systems:

  1. Microsoft Windows: XP, 7 or 8 or higher.
  2. Apple Macintosh OS X or higher.
  3. Linux.

The Customer's computer must have an ethernet network card installed and pre-configured.

Plans, Pricing and Payment Arrangements

All Residential customers are required to supply Fish Telecom with a current valid VISA or Mastercard credit card for the purposes of automatically deducting all charges raised in relation to the Customer's broadband account.

It is a requirement of all Residential customers that they must be the owner of the credit card supplied to Fish Telecom, or have a signed authority to use a corporate/business charge card.

Residential customers accounts on plans Seahorse 100, Dolphin 100 and Blue Whale 100 are paid monthly in advance and have a minimum term of one (1) month. All other Residential account plans are paid quarterly in advance and have a minimum three month term. FishCorporate accounts are all invoiced and fourteen days credit applied. FishCorporate Customers have a minimum term of twelve (12) months.

Data sent to the Customer and data received by the Customer are discounted from the Customer's data allowance for all Residential customers whose plans start with 'Economy' or 'Casual'. All other Residential customers only data received by the Customer counted towards their utilization.

All data sent and received from FishCorporate Customers are discounted from the Customer's data allowance.

All usage is reported within the Broadband Members Area located on the main Fish Telecom website.

Fish Telecom currently measures one gigabyte (1 GB) as one thousand and twenty four megabytes (1024 MB).

Payment

If your credit card on the date of renewal does not have sufficient funds required to renew for the next quarter or month, then the account will be suspended. Upon payment and resumption of the service, the billing date will not be altered to reflect the loss of time. You will forfeit the time usable between the original renewal date, and when you are actually able to begin utilizing the services again.

The Service Provider will debit the credit card one (1) day before the end of the billing cycle. If the billing date falls on a Saturday, Sunday or Monday, the credit card will be debited on the Friday of the week prior. If the day before the billing date is a public holiday, then the credit card will be debited the working day prior to the public holiday.

Installation

Please allow up to fifteen (15) working days for the acquisition and preparation of the broadband equipment.

FishCONNECT Customers agree to install the product at their own expense each time they opt to move the FishCONNECT product to a new location.

Equipment Ownership

Ownership of the hardware only remains with the Customer. The Service Provider encourages all Customers to take care of the equipment. At its discretion, the Service Provider may opt to buy the modem back at a price that takes into account the fair wear and tear of the hardware.

Ownership is granted over the hardware only and not the Intellectual Property , Internet Protocol Addresses, and software settings inside the equipment. The software/Intellectual Property/Internet Protocol Addresses remains owned by Fish Telecom at all times.

If the Customer wishes to erase all Intellectual Property / Software/ Internet Protocol Addresses and own the equipment outright (hardware and software/Intellectual Property) then a settlement fee must be paid to Fish Telecom in recognition of the true Recommended Retail Price of the equipment.

30 Day Money Back Guarantee

The Service Provider offers all Residential customers a thirty day refund for the product. The refund amount consists of the fee paid for the broadband equipment and the unused portion of the current billing.

The refund for the unused portion will be calculated as the lesser of the value of the duration left of the period or the value of the unused data allowance for the period. Should a Residential customer wish to exercise their option to the 30 Day Money Back Guarantee, the customer is required to return the broadband equipment to the Fish Telecom Wollongong office during its business hours within thirty days of collecting the equipment. The refund will be directly credited back into the supplied credit card.

The 30 Day Money Back Guarantee expires thirty (30) calendar days from the date the broadband equipment is sent to the Customer.

Discontinuation of Service

Residential customers have the right to disconnect and discontinue their services upon notification of their intentions to do so in writing by emailing support@fishtelecom.com.au no less than seven (7) working days prior to the end of their current quarterly or monthly term. The disconnection request will not be valid until a confirmation email has been sent back to the Residential customer acknowledging the request.

Fish Telecom makes no guarantee that radio coverage will still be available upon resumption of services.

When a client voluntarily disconnects they forfeit any remaining data quota and the right to a refund for the period remaining in that quarter.

The Service Provider can suspend a Residential customer account at its discretion when requested by the Residential customer in writing or email. If a suspension is awarded then the customer acknowledges that:

1) they will be liable for $150 reconnection fee when they decide to return

2) they will not claim for a refund of any unused portion of the current quarter which you have been billed for.

Acceptable Use Policy Adherance

All Customers are bound by the Fish Telecom Acceptable Use Policy found at http://www.fishtelecom.com.au/aup

Customers acknowledge that Fish Telecom reserves the right to temporarily suspend an account if it reasonably believes that the account is in contravention with the Acceptable Use Policy with or without notice to the Customer.

Service Restrictions

With the exception of FishCorporate Customers, all Customers are not permitted to run any of the following incoming services: http, https, ftp, smtp, pop3, imap, vpn, dns. As a result Customers will not be able to run any form of web server, mail server or other.

To help combat spam, all Customers can only send up to a maximum of two hundred (200) outgoing emails per hour.

Broadband Performance

There are a number of different factors involved in the overall speed you will experience while using the Service.

  • Line speed
    Line speed refers to the actual bandwidth you can transfer over your connection. This is defined at the time of your product selection.

  • Latency and congestion
    Latency is an expression of how much time it takes for a packet of data to get from one designated point to another. There are two areas of latency that can affect your Service.

    The first area is the latency. The wireless technology used on has an extremely low latency, but can be affected by network contention. A typical latency for the Service would be between 5-80ms. Fish Telecom's latency is also affected by the combined congestion of the Fish Telecom IP network, generally determined by the time of day. Peak hours tend to be around 9am-11am and 4pm-10pm. However having said all this, Fish Telecom employs experienced network engineers who constantly monitor and optimize the performance of the network, and so this latency is generally kept to a minimum.

    The second area is the latency of transit and destination Internet networks, and is out of Fish Telecom's control. Different parts of the world are affected at different times of day and at different congestion levels. For example, a website in the US may load slower at 11am Australian time (the US evening) than it will at 7pm Australian time (US night).

  • Customer's computer
    If you have a slow or old computer, this can affect the overall perceived speed of the service.Ensure your computer meets the Technical Requirements and Internet Security Matters specified in this document.

Shaping Restrictions

Customers whom have elected to take up a flat rate plan (such as Freedom 256/512 or Shark/Whale/Tuna/Minnow/Orca/Seahorse/Dolphin/Blue Whale) will have their connection shaped to 64kbps once their data allowances have been depleted. Normal speeds revert at the end of the billing month.

Internet Security Matters

The Customer is aware that the Internet as a whole and or in part, is an insecure medium, and that peripherals and other are exposed to possible attacks and damage. The Customer indemnifies the Service Provider in relation to any and all possible security breaches that the Customer may experience whilst utilizing the Service. The Customer will make all attempts to secure their personal computers by installing Personal Firewalls and take preventative steps to deactivate file sharing software when its not in use. Customers that are found to have a virus on their PC which affects the Service Provider's network performance will have their Service suspended, at the Service Providers discretion, until such time the the PC is disinfected.

Support and other services

Support Hours are Monday to Friday from 9am to 5pm. Support is limited to technical advice on the phone and does not include on site support. Customers acknowledge that phone support is limited to accounts enquiries and connectivity issues. All other enquiries are to be made in writing to support@fishtelecom.com.au

On Wednesday 26th February 2014, Fish Telecom withdrew all email offerings. Current customers who utilise an email account with Fish Telecom may have their current fishinternet.com.au or etherwave.com.au email account diverted to an external email provider for the duration of their service with Fish Telecom. Upon cessation of services (disconnection) the email diversion will be deleted.

Replacement Units

In the event that a modem requires replacing within 12 months of connecting, the unit will need to be returned to the Fish Telecom offices and a replacement unit will be procured. There may be a delay in securing a replacement however. Please note that all smartBridges, Cisco, Cisco Linksys, Netcomm and Tranzeo equipment is now deemed 'End of Life' and no warranty, repairs or replacements are available.

Please note that lightning damage is not covered under warranty. All Customers are required to correctly earth their equipment to minimize the effects of EMI damage caused by lightning strikes.

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