Terms & Conditions

The supply of services under this agreement is provided by Tribe Broadband Pty Ltd, ACN 613 085 500, with its registered office located at Surfers Paradise, QLD 4217 (in this agreement referred to as “our”, “we”, “us”, “Tribe”, "Tribe Broadband" or "Tribe Internet") and in part by our Third Party Suppliers.

By applying for Internet access and by using our network you have indicated your acceptance of all the terms and conditions referred to in this agreement.

Definitions

Agreement refers to this agreement for the provision of services by us to you.

Charges refer to funds payable by you to us, pursuant to this agreement and including but not limited to installation, access, usage, interest, and consulting fees.

Service refers to the supply of an Internet access, phone or domain hosting service as described by this agreement.

Application Date identifies the date your application is received by us.

GST stands for Goods and Services Tax and refers to the same, described in the "A New Tax System (Goods and Services Tax)" Act of 1999, and any related legislation.

Third-party Supplier means a third party supplier used for the provision of services to you.

Terms of This Agreement

This Agreement commences on the Application Date, and will continue until Services are terminated by either you or us. If you terminate this Agreement, you will be liable for all Charges and all other amounts that you are required to pay under this Agreement. We reserve the right to change these terms at any time. Any changes will be made available on our website at https://tribebroadband.com.au/legal/terms, and are effective within 7 days.

Notices

Notices under this Agreement may be sent by ordinary post, electronic mail ("email") or short messaging service ("SMS").

Notices will be deemed received:

For ordinary post: three business days after dispatch.
For email and SMS: upon acknowledgement of receipt of transmission by our network equipment, our server(s) or third-party server(s).

Services

In accordance with the Terms and Conditions of this Agreement, we will use our best endeavours to provide a Service to you, and to provide the information necessary to access that Service. We will use our best efforts to ensure a continuous Service, but this is not guaranteed.

You acknowledge that:

- Continuity of the Service is dependent on a wide range of factors, many of which are beyond our control.

- Your access to the Service may be interrupted by a variety of factors, including but not limited to: Third-party Supplier network congestion, equipment failure, scheduled maintenance and peak demand.

- We may limit certain classes of traffic on our network to enhance peak performance and/or protect against network attacks where that traffic may be detrimental to the overall performance of the network.

- We shall not be held liable for any losses whatsoever that you may incur due to interruption to the Service. You indemnify us from any liability, claim, action, suit, demand, loss, or any expense whatsoever arising from your use of the Service or in any way connected. This includes any negligence by us or our Third-party Suppliers.

- We cannot provide support, or accept responsibility, for content accessed via the Service.

- We have no control over the accuracy or appropriateness of any content available via the Service.

- If you are applying for a VoIP or Fixed Line Phone service, we will propose that you sign a form agreeing to waive your rights under the CSG standard. You are not obligated to waive your protection and rights under the CSG; however, Tribe Broadband may choose not to supply a VoIP or Fixed Line Phone service to you if you do not agree to wholly waive your rights.

- You must agree to provide safe and timely access to the supply premises if required by us or our Third Party Suppliers to perform connection, disconnection, maintenance, upgrade or remediation works or other necessary works in relation to our network or our Third Party Supplier’s network.

- You agree that you will not contact any of our Third Party Suppliers for any reason in relation to this service. You acknowledge if you do contact one of our Third Party Suppliers you will be liable for all costs imposed on us by our Third Party Supplier.

- Some types of installations may require equipment to be connected by you. Connection of the router to the phone socket, or nbn connection box, or Fibre Connect equipment or other activated port is not part of the standard install and not covered by the activation fee. If you are unable to connect the router with the assistance of our free technical support phone service then you will need to arrange and authorise another person to assist you, or you can arrange and authorise a third party technician at your own cost. If we agree to dispatch a technician to perform the connection at your request then a Fee For Service may apply, and we will require your agreement to pay the Fee For Service before a technician attends the property, and we reserve the right to require upfront payment of the Fee For Service before the technician attends in some circumstances.

Billing

You acknowledge that:

- Your monthly access fee is billed in advance, and any applicable usage or excess charges are billed in arrears.

- All Charges invoiced by us are payable within 14 days, unless we agree otherwise. If you need an extension, please ask us. In most cases we are able to extend your terms without any penalty to you.

- All amounts expressed by us are inclusive of GST, except where noted.

- Accounts with automatic direct debit to a nominated credit card will be debited automatically on the invoice due date.

- We may deliberately and automatically suspend your access to the Service should you not meet our terms, and may charge you an administrative fee of $5.00 for late payments.

- Invoices are sent via email, and it is your responsibility to keep your contact details current. You have the option of requesting a paper bill via post, which will incur a postage and handling fee of $2.50 per month.

- You accept any excess charges that may apply for your usage of the Service, in accordance with the terms of your plan.

Acceptable Use Policy

You agree not to use the Service for any illegal purpose, and to conduct yourself in a responsible and considerate manner. You acknowledge that the following activities are prohibited by us:

- Cracking or hacking

- Provoking or generating Denial of Service attacks

- The transmission of unsolicited commercial bulk email ("spam") or malicious software such as viruses or worms

- The transmission of copyright-infringing or pornographic material

- Unauthorised access to areas or systems on our network or any systems connected to our network

- Any act which would contravene Australian law

You must also take reasonable measures to ensure that devices accessible via the Service are secured against abuse by third parties. We may take measures to guard against the abuse of insecure services and protocols – including, but not limited to, the following:

- Open recursive DNS resolvers

- Open SMTP mail relays

- Insecure NTP, SNMP, Telnet or CHARGEN services

You are responsible for maintaining the confidentiality of access information such as usernames or passwords used by you to access the Service, and you agree not to disclose them to any other person.

You must notify us immediately if your username and/or password is lost, or if you suspect that someone else may be using them. You will be responsible for any unauthorised use of the Service.

If you deliberately or carelessly breach the terms of this policy, we may immediately restrict or terminate your access to the Service.

Unlimited - Data Use

- ‘All you can eat’ means that the amount of data you download or upload is not limited and will not be counted and you will not be billed for any data usage. While Tribe Broadband will provide a data usage meter for for your Service usage, this is for informational purposes only to illustrate the amount of upload and download data we have recorded on your service.

- For the avoidance of doubt, whilst this is an unlimited data service, there may be factors outside the control of Tribe Broadband that will have an effect of altering user experience. For example, if there are any capital works by our wholesale supplier, your service may be restricted to a lower speed. There may also be localised congestion (of the wholesale supplier backhaul) in which our wholesale supplier may not be able to provide the same speed at all times of the day. Other factors beyond the control of Tribe Broadband and our wholesale supplier is international bandwidth availability, the destination you’re trying to reach may have its own traffic management per site visitor to a specific download rate (this is very common to ensure one visitor to their web site does not limit the ability for others to download from or access their web site).

Technical Support

The Service includes free technical support covering the installation and ongoing maintenance of the Service. This support is provided in person and via email, telephone and our website.

You acknowledge that free technical support is provided as a troubleshooting service, and you may be requested to provide reasonable assistance to help our technical support team to diagnose and resolve an issue. If you are unable or unwilling to provide that assistance then you can arrange for and authorise another person to do that on you behalf, or you can arrange and authorise a third party technician at you own cost. If you fail to complete troubleshooting and we agree to dispatch a technician then a Fee For Service may apply. We will require your agreement to pay the Fee For Service before a technician attends the property, and we reserve the right to require upfront payment of the Fee For Service before the technician attends in some circumstances.

Telephone support is available from 8AM to 8PM AEST every day, excluding public holidays. You may contact us by phone on 02 8006 8090.

Email support is available 24 hours a day, 7 days a week by sending an email to [email protected] We will endeavour to respond as quickly as possible, but make no guarantees as to response time.

Complaints Handling

If you are not satisfied with the resolution of a complaint handled by us, you can refer the complaint to the Telecommunications Industry Ombudsman (“TIO”). Complaints can be lodged with the TIO online at http://www.tio.com.au/ or by phone on 1800 062 058.

IP Address Space

You acknowledge that any IPv4 or IPv6 addresses assigned to you for the use of the Service:

- Will remain the property of us or our Third-party Suppliers

- Are non-transferable, non-portable and cannot be multi-homed

- May change from time to time

If we have agreed to provide you with a Static IPv4 address, we will use our best endeavours to avoid changing it. Should a change be unavoidable, for example due to changes to our network architecture, we will provide you with at least 14 days notice.

Connection Speed

Some Tribe Broadband services are delivered over and aggregated access network such as the nbn™, this means that Tribe Broadband can only provide you a theoretical maximum performance figure due to factors outside of our control. Tribe Broadband strives to deliver high performing services on all access methods at all times of the day but can not guarantee individual results across all services.

Copyright © 2019 Tribe Internet Pty Ltd, ACN: 613 085 500.
All rights reserved.