ECN Pty Ltd (ECN) (we, us) has agreed to provide you, and you agree to purchase, the service as requested in the Service Application Form (the Service) and in accordance with:
Terms will prevail to the extent of that inconsistency.
The minimum term of your agreement with us is 12 months from the date of your connection to the Service unless otherwise stipulated by us in writing. When relocating a broadband service to another location, a new 12 month contract will commence from the date of the connection.
By signing this agreement, you agree to and acknowledge the following:
(i) An existing or new Unconditioned Local Loop Service (ULLS); or
(ii) An existing or new access line which supplies a standard telephone service; provided by Telstra Corporation Limited (Telstra) or a reseller of Telstra, depending on the technical and operational requirements of the particular Service.
(i) That you are the customer of Telstra or a reseller of Telstra in respect of the standard telephone
(ii) That ECN can only provide the service whilst you remain a customer of Telstra, or a reseller for the standard telephone service;
(iii) That ECN will terminate the service if you cease to be a customer of Telstra, or a reseller of Telstra;
(iv) That the installation of the service may cause temporary disruption to the standard telephone service; and
(v) That certain incompatible products will not be supplied to you by Telstra, or a reseller of Telstra.
You agree to comply with the ECN Pty Ltd Acceptable Usage Policy (see www.ecn.net.au) which is summarised as follows:
(i) Not to send e-mail that may destroy or damage an e-mail recipient’s computer;
(ii) Not to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation;
(iii) Not to reveal confidential information about ECN Pty Ltd and/or its suppliers which may result in unauthorised usage of the Services by a third party;
(iv) Not to transmit information which contains viruses or other harmful components;
(v) Not to interfere, damage or destroy computer system operations of the Services including disobeying any requirements, procedures, policies or regulations of ECN, other users and/or third parties; and
(vi) Not to store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and Commonwealth laws.
Order cancellations – will attract a fee of $199.00. All cancellation of services are required in writing. Service cancellations – will attract a fee of equal to the monthly rental or part thereof of the service provided for the period remaining on the contract. When relocating a broadband service to a new location a charge of $99 is required for the New Connection. Relocation requested during the first 6 month period of a contract will attract an additional fee of $99. Cancellations received outside the contract period will be effective the last day of the current billing period for which the service is being cancelled in. Transfers from ADSL to ADSL2+ may experience downtime during the transfer process of up to 24 hours.
You will pay us the applicable fees for the Service within 14 days of receiving our invoice. Should you not pay the fees by the due date then we reserve the right to charge interest on such amounts outstanding on a daily basis from the due date to the date of payment at the rate of 3% above the per annum overdraft rate charged by Westpac Banking Corporation Ltd (or a similar Australian bank) from time to time.
We reserve the right to terminate or suspend the Service in the event of a breach of this agreement.
Subject to the other provisions of these General Terms and you paying the fees we agree to provide the Service to you in accordance with all laws and regulations and with all reasonable care and skill in accordance with these General Terms.
We shall use our best endeavours to ensure that the carrying out of routine maintenance work causes as little inconvenience and disruption to you as practicable in the circumstances.
(i) Save as provided by statute or otherwise expressly stated in these General Terms, the following provisions set out the entire liability of the parties (including any liability for the acts and omissions of its employees, agents and sub-contractors) to each other arising as a result of negligence or any breach of its obligations under these General Terms, but nothing in these General Terms shall exclude or limit the parties’ liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
(ii) Neither party (the Defaulting Party) shall be liable to the other (the Non-Defaulting Party) for loss of profits, contracts or goodwill or any type of economic, indirect, consequential or special loss or damage (including loss or damage suffered by the Non-Defaulting Party as a result of an action brought by a third party) even if such loss or damage was reasonably foreseeable.
(i) Subject to paragraph (ii), the Defaulting Party shall be liable to the Non-Defaulting Party for direct loss or damage incurred by the Non-Defaulting Party.
(ii) The total liability of a party to the other party hereunder in any period of 12 months during the term shall not exceed 100% of the fees payable by the customer during such period of 12 months.
Either party may terminate this agreement without payment of compensation or other damages by giving notice in writing to the other party if any one or more of the following events happens:
(i) a party commits a material breach of its obligations under these General Terms which is incapable of remedy;
(ii) a party fails to remedy, where it is capable of remedy, any breach of its obligations under these General Terms within a period of 30 days after having been required in writing to remedy or desist from such breach;
(iii) a party is insolvent within the meaning of s 95A of the Corporations Act 2001 (Cth) or calls a meeting for the purpose of passing a resolution to wind it up or enter into administration.
These General Terms are governed by the law in Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.
10GB Monthly Data Allowance
$59.00 per month
$5.90 per GB
$858.00 Minimum contract value including installation
50GB Monthly Data Allowance
$79.00 per month
$1.58 per GB
$1098.00 Minimum contract value including installation
100GB Monthly Data Allowance
$99.00 per month
$1.58 per GB
$1338.00 Minimum contract value including installation
200GB Monthly Data Allowance
$129.00 per month
$0.99 per GB
$1698.00 Minimum contract value including installation