PRODUCT TERMS – INTERNET CONNECTIVITY
The following terms and conditions, as amended from time to time (“Product Terms – Internet Connectivity” or
alternatively “Product Terms”), will apply to all goods and services supplied by Connected Platforms to the Customer in
relation to, or associated with, Internet Connectivity Products.
A. Interaction with Trading Terms
A.1. Connected Platforms has Trading Terms
which apply to all Goods and Services supplied by Connected Platforms to the
Customer. Those Trading Terms have previously been provided to the Customer and
a current version of them can also be found on Connected Platforms website,
currently at the location https://connectedplatforms.com.au/legal/.
These Product Terms contain specific terms
which also apply to the particular Goods and Services supplied by Connected
Platforms to the Customer in relation to, or associated with, Internet
Connectivity Products. Both the Trading Terms and these Product Terms form part
of the Agreement between Connected Platforms and the Customer, in relation to
Internet Connectivity Products.
B.1. In these conditions:
B.1.1. “Acceptable Usage Policy” means Connected
Platforms policy setting out how the Product can and cannot be used, as
provided by Connected Platforms to the Customer from time to time. A current
version of the Acceptable Usage Policy can also be found on Connected Platforms
website, currently at the location https://connectedplatforms.com.au/acceptable-usage
B.1.2. “Carrier” means the provider of the
actual internet path from the premises of the Customer to the data centre
maintained by the provider of the actual private path from one premises of the
Customer to another premises of the Customer.
B.1.3. “connectivity path” means either an
internet path, or a private path.
B.1.4. “Customer” means the person noted in the
Product Application as the Customer and includes its employees or agents and
successors and includes any other person who receives the benefit of the Goods
or Services from Connected Platforms and any other person who relies on Connected
Platforms in relation to the Goods or Services.
B.1.5. “Customer Premises Equipment” means the
equipment of the Customer at the Customer’s premises, including the firewall,
modem, routers, and cabling of the customer (which includes all cabling which
is on the Customer’s side of the nearest street boundary, regardless of whether
that cabling may be outside the boundary of the Customer’s premises).
B.1.6. “Initial Service Charges” means Service
Charges at the time of initial connection of the Product for the Customer, to
the extent that they can be estimated in advance, and to the extent that they
are not increased by issues such as the Customer not making the premises
available at a scheduled time and such as the Customer not facilitating access
by the Carrier to the main distribution frame.
B.1.7. “internet path” means a method by which
the Customer gains access to the internet.
B.1.8. “private path” means a method which uses
the internet or another method to connect one premises of the Customer to
another premises of the Customer.
B.1.9. “Product” means the specific Internet
Connectivity Product which is to be supplied by Connected Platforms to the
Customer, as described in the Product Application (or otherwise in writing
between Connected Platforms and the Customer). Any reference in this Agreement
to an Internet Connectivity Product includes a reference to the Product;
B.1.10. “Product Application” means any
Internet Connectivity Product Application form completed by the Customer and
provided to Connected Platforms.
B.1.11. “Reseller” means any person who resells
products of a Carrier or of more than one Carrier.
B.1.12. “Service Charges” means charges imposed
by the Carrier in relation to work at the premises of the Customer; for extra
callouts or rebooking fees if the Customer does not make the premises available
at a scheduled time; for extra costs where the Carrier is unable to gain access
to the main distribution frame (for example, where the main distribution frame
is controlled by a property body corporate, and the Customer has not arranged
for that body corporate to grant access) and for other additional work which
the Carrier is required to undertake, including any work described under the
headings “Fee for Service Charges” or “Service Charges” in Product Material;
B.1.13. “Term” means the term of the Agreement,
meaning the period from when the Customer signs the Product Application, plus
the term of months or years as set out in the Product Application for the
relevant Internet Connectivity Product, noting that the stated term of months
or years set out in the Product Application starts at the time when the Product
is available for the Customer to use, at the point where the Customer Premises
Equipment begins, regardless of whether the Customer has completed any work
which the Customer is to undertake in relation to the Customer Premises
Equipment (or other work which the Customer is to undertake) to take advantage
of and gain benefit from the Product within the premises of the Customer.
B.1.14. “Upstream Contract” means the contract
which Connected Platforms must sign with a Carrier or a Reseller, as
contemplated by Clause C.4.1.
B.1.15. Other terms which are defined in the
Trading Terms, including “Agreement”, “Goods”,
“Quote”, “Services” and “Connected Platforms” have the meaning which is defined
in the Trading Terms, with any necessary alterations.
C. Trading Terms clauses 1 – 3
C.1. The provisions of clauses 1. – 3. of the
Trading Terms (under the headings “DEFINITIONS AND INTERPRETATION”, “APPLICATIONS
OF THESE CONDITIONS”, and “COMMITMENT TERM”) still apply to Internet
The Customer acknowledges that it is aware that
Connected Platforms is a Reseller for Carriers (and a Reseller for other
Resellers) and that Connected Platforms:
C.4.1. must contract with a Carrier (or with a
Reseller), for a fixed term equal to the Term in order to be able to provide
any Internet Connectivity Product to the Customer; and
C.4.2. does not control all elements of the
connectivity path and depends on the Carrier (and on any relevant Reseller) to
perform their obligations to Connected Platforms, in order for Connected
Platforms to be able to perform its obligations to the Customer under this
accepts that the responsibilities and
obligations of Connected Platforms under this Agreement are put into context
and are qualified by those acknowledged factors. The Customer confirms and
acknowledges that Connected Platforms is not responsible for events which it
does not control, and that Connected Platforms liability to the Customer and
any responsibility of Connected Platforms for any Loss or Claim to the Customer
are limited and reduced by those acknowledged factors.
D.1. The provisions of Clause 4 of the General
Terms and Conditions (under the heading “Termination”) do not apply to Internet
D.2. The Product and the Upstream Contract
cannot be cancelled (except in very limited circumstances) during the Term, and
therefore this agreement cannot be cancelled or terminated, except as
specifically contemplated in this Agreement.
D.3. The Product cannot be moved to another
location, so the Customer acknowledges that it is aware that if it relocates
its premises during the Term, then it will nevertheless have to pay for the
Product at the Customer’s previous location, in addition to any relevant
product at its new location.
D.4. After the Term, if Connected Platforms has
continued to supply the Product to the Customer, then either party may
terminate this agreement by 30 days’ notice to the other party.
If the Customer wishes to terminate this Agreement during the Term, then it may
request Connected Platforms to provide it with a payout figure, including break
costs, for doing so. Connected Platforms may elect to (but is not obliged to)
provide the Customer with a payout figure which will include the cost to Connected
Platforms of the Upstream Contract throughout the Term, as well as a factor for
any lost profit to Connected Platforms or other costs to Connected Platforms
arising from such early termination. If Connected Platforms elects
to provide such a payout figure, and if the Customer pays the relevant payout
figure to Connected Platforms at the time identified by Connected Platforms,
then Connected Platforms will allow termination of this Agreement in return for
E. Trading Terms Clauses 5 – 10
E.1. The provisions of clauses 5. – 33. of the Trading
Terms (under the headings “REPRESENTATIONS”, “NOTICES”, “GOVERNING LAW”, “ASSIGNMENT”,
“VARIATION OF THESE TERMS AND CONDITIONS”, “QUOTE”, “ORDERS”, “PRICING AND
RATES”, “SERVICES AND PLANS”, “CONTRACTING”, ”DELIVERY, TITLE AND RISK”, ” RETURNS
AND CLAIMS FOR GOODS AND SERVICES”, ” COMPUTER UTILITY, FUNCTIONALITY AND
FITNESS FOR PURPOSE”, ”FORCE MAJEURE”, ” PRODUCT SPECIFICATIONS”, ” WARRANTIES”,
” LIABILITY”, ” ERRORS AND OMISSIONS”, ” PRIVACY STATEMENTS AND YOUR RIGHTS”, ”
OUR WEBSITE”, ” INSURANCE COVERAGE”, ” LODGING OF SERVICE REQUESTS”, ” ACCESS
TO SYSTEMS, SITES AND PEOPLE”, ” Eligible Data Breaches”, ” THIRD PARTY
AUTHORISATIONS”, ” PAYMENT, LATE PAYMENT AND DEFAULT”, ” NON-SOLICITATION OF
CLIENTS AND EMPLOYEES”, ” SOFTWARE” and ”COPYRIGHT AND CONFIDENTIALITY”) still
apply to Internet Connectivity Products