Terms and conditions


PART A. GENERAL TERMS AND CONDITIONS

1. Our services to you

(a) TSN Internet.com.au (ABN 97 083 037 772) will provide you with the products and services that you purchase from us from time to time ("Products" and "Services" respectively) and you agree to purchase and use these Products and Services on these terms and conditions as specified below.

(b) In addition to this Part A, additional terms and conditions contained in Part B may apply to the purchase and use of certain Products and Services.

(c) Our agreement will commence as per one of the criteria below:

(i) The date that we accept your application for the provision of any of the Products and Services, either by notifying you or by providing you with access to those Products and Services; or

(ii) the date you start using any of the Products and Services. We may refuse your application in our complete discretion.

(d) Our agreement will continue month to month or until the end of any fixed term set out in your application, until this agreement is terminated in accordance with these terms and conditions.

(e) We reserve the right to require offline verification of your identity or authority.


2. Software

(a) To the extent that any Products or Services contain any software, we License that software to you on a non-exclusive, non-transferable basis for the term of this agreement, solely for your use of that Product or Service.

(b) You must use the software only on such equipment as we may designate for its use. We are not responsible for the installation or support of the software. You must use the software in accordance with any directions we provide to you from time to time.

(c) We or our suppliers retain ownership of the software at all times, whether in its original form or as modified. You must not, in whole or in part, copy, attempt to reverse-engineer or modify, or attempt to combine or incorporate in any other program or system, the Software without our written consent.

(d) You must protect the software and related documents at all times from unauthorized access, use or damage.


3. Your obligation to pay us

(a) In return for us providing these Products and Services to you, you must pay us the relevant fees, charges and costs notified to you and as may be amended by us from time to time ("Fees"). Should TSN decide to alter prices of any product or service. TSN will give 30 a minimum of 30 days of any alteration. Notification in all cases will be via email. It is your responsibility to ensure TSN always has an active email address registered as the contact address. TSN takes no responsibility if you do undertake your responsibility

(b) For term contract accounts you agree that we may increase any Fees once each year to reflect changes in the All Groups Consumer Price Index for the City of Sydney as published by the Australian Statistician.

(c) You are solely responsible for the use of the Products and Services and for all payment of any Fees arising from the use or provision of the Products or Services, whether or not the user had your authority.

(d) Records held and logging procedures adopted by us in relation to usage by or provision of your Products and Services are prima facie evidence that you have used or ordered that Product and Service as indicated.

(e) You must pay any taxes, duties, stamp duties, imposts, levies or government charges relating to this agreement for the supply or usage of the Services or Products.

(f) You are responsible for the cost of any telephone calls you make to access the Products or Services.

(g) Notwithstanding any of the provisions of this clause 3, in the event that you fail to pay your accounts by the due date and we refer your failure to any debt collection agency or other like body, in the event you seek to reconnect to the Products and Services, you acknowledge and agree that we may require that you initially pay such Fees as represent two months in advance for the Products and Services to be acquired by you. Such Fees are payable at the time of re-connection of your Products and Services.

(h) We reserve the right to pass on any bank fees incurred as a result of dishonoured account payments, including bank representation fees, merchant charge-backs and retrieval costs.


4. Refunds for Internet Access

(a) All accounts come with a 24 hour cooling off period during which time if the customer changes their mind a full refund will be issued for all moneys paid.

(b) We may from time to time, at our absolute discretion, provide you with credits in relation to Internet Access Products and Services supplied to you. In the event that we provide such a credit to you, these credits are not transferable, not redeemable for cash and will be applied by us against the next invoice provided to you, and subsequent invoices until such time as that credit is exhausted. If for some reason this agreement expires or is terminated prior to the exhaustion of the credit, no cash will be refunded to you in lieu of that outstanding credit. If you subsequently acquire other Products or Services, that credit will not apply to those new Products or Services.


5. Your use of our Products or Service

(a) You agree that you will use the Products and Services in a responsible manner. In particular, you warrant to us that when using the Products or Services, or providing information to us in relation to the Products or Services, you will not, nor will you allow others to;

(i) distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice;

(ii) distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights.

(iii) Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or pedophilia;

(iv) commit a crime or facilitate the committing of a crime;

(v) engage in any activity which is in breach of, or fail to comply with, any applicable law, rule, regulation, standard or code of practice;

(vi) perform or facilitate the mass distribution of advertising material, except to people who have consented to the receipt of that material, and you must cease the mass distribution of advertising material to those people once that consent is withdrawn;

(vii) engage in or fail to engage in any activity in a manner which will expose us to any liability;

(viii) fail to comply with any rules imposed by any third party whose content or services you are accessing or using, or any policy adopted by us;

(ix) use the Products or Services, or invite or direct persons to use the Products or Services, to access any content which it is illegal to publish;

(x) invade the privacy of others or alter the messages of others;

(xi) engage in misleading or deceptive conduct or fraud of any kind;

(xii) fail to clearly identify any material which is advertising or adult only material so that third persons can
determine whether to access that material or not;

(xiii) fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you to enable you to use the Products or Services, and you must change your account, identifier or password immediately on request to do so from us;

(xiv) cause or help to cause the security or integrity of any Products or Services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.

(b) In addition;

(i) you indemnify us, our employees, contractors and agents, against any loss, costs or damage we may suffer as a result of the use of your Products or Services (whether or not by you or using your accounts, identifiers or passwords), or as a result of a breach of any of your warranties to us or any other provisions of this agreement;

(ii) you acknowledge that we have no control over any content accessible through use of the Products or Services and you have no claim against us in that regard;

(iii) you must obtain, install and maintain your own access equipment to the Products and Services and any authorisation, permission, license, waiver, registration or consent from any person necessary in relation to that equipment. Without limiting this clause, you agree that you must make your own arrangements for the acquisition, installation and maintenance of any satellite dish and associated equipment and, while we may
facilitate those arrangements for you, TSN is not the owner or lessor of that equipment, your agent in this regard, or liable to you in any way in this regard;

(iv) you must, at your cost, ensure full, free and safe access to any of your equipment or premises in order for us to provide the Products or Services to you;

(v) you must report the details of any fault conditions to TSN as soon as possible after you become aware of the fault.

(vi) you must promptly provide to us all assistance and information we reasonably require in relation to the supply of the Products or Services to you;

(vii) you warrant that your representative responsible for the purchase of the Products and Services has all authority to do so;

(viii) you are responsible for providing any security or privacy you require for your computer networks and any data stored on those networks or accessed using the Products or Services, and you agree that we will not be responsible for any damage caused by your failure to provide same; and

(ix) you must safeguard and not tamper with any equipment we provide to you.

(x) cause or help to cause the security or integrity of any Products or Services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way used by you to access the Products and Services, provide that equipment with a suitable physical environment and only permit us to repair, service, move or disconnect that equipment unless otherwise agreed by us. You bear the risk of loss or damage to that equipment while it is in your possession or control, except if it is damaged by our negligence or willful act.


6. Our rights

(a) We may, at any time and in our absolute discretion, suspend or disconnect your access to the Products or Services, and monitor or intercept your use of the Products or Services, including without limitation any messages you send or receive or data you store or access using those Products or Services if we have reasonable cause to do so.

(b) We may delete that data stored using the Products or Services, in our absolute discretion, if we consider that data to be inappropriate, illegal, offensive or otherwise in breach of any law, standard, regulation or code of practice.

(c) Without limiting clause 6(a) above, we may at any time, without notice, suspend your use or access to part or all of the Products or Services:

(i) for such time as is necessary for any maintenance determined by us to be necessary from time to time, and where possible, after giving you as much advance notice as is reasonably practicable in the circumstances;

(ii) to reduce or prevent interference with our systems or the use of Products or Services by others; or

(iii) if required to do so, as a result of a direction from any government or other authorities.

(d) We may at our discretion change any telephone numbers or other access numbers required to access any of the Products or Services and we will not be liable to you in this regard.

(e) You authorize us to obtain credit information from a credit reporting agency and information about your commercial activities or commercial credit worthiness from a business which provides that information to enable us to apply our credit policy. You also authorize us to obtain from and give to any credit providers information about your credit arrangements. This information may include any information about your credit worthiness, credit standing, credit history, credit capacity or other information that credit providers are allowed to give or receive from each other under the Privacy Act, 1988 (Cth) (as amended from time to time).

(f) You acknowledge that we may be obliged to provide assistance to law enforcement agencies in respect of your acquisition or use of the Products and Services and that you will not make any claim against us in relation to that assistance.

(g) We may access and store certain content accessible using some of the Products or Services (known as caching) for faster and easy access by you. That content is updated on a regular basis but there may be delays in that updating and therefore cached content accessed by you through the Products or Services may not be the most up to date version.


7. Excluding our liability

(a) Other than in relation to personal injury, to the extent permitted by law we are not liable to you or anyone claiming through you for any loss or damage or costs sustained or incurred by you, your employees, contractors or agents or any third party, arising in any way in connection with this agreement or from your use of, or our provision of the Products or Service or any ancillary product or service, including without limitation,
arising from:

(i) any failure or delay by us to transmit data;

(ii) any failure or delay by you in receiving data;

(iii) any transmission or receipt of incorrect data;

(iv) any erasure or corruption of any data;

(v) any unauthorized access to your Products and Services;

(vi) any content accessed using the Products or Services found to be offensive, upsetting, inaccurate, misleading or defamatory.

(b) To the extent permitted by law, without limiting the above, in no circumstances will we be liable to you for consequential loss including, without limitation, loss of profits or loss of business.

(c) To the extent permitted by law, we exclude all warranties in relation to the Products or Services or any ancillary product or service. Should we be liable to you, by virtue of any applicable statute, law, rule or regulation, for any loss or damage suffered, sustained or incurred by you under or in connection with this agreement, our total liability for any such loss or damage shall, to the extent permitted by law, be limited, at our option, to the cost of supplying again the goods or services in respect of which the damage was incurred or to providing, replacing or repairing those goods or providing those services again.


8. Termination

(a) Unless this agreement is subject to a fixed term as referred to in any accepted application, either party may terminate this agreement by giving 30 days written notice to the other.TSN requires either a signed fax or signed letter for all cancellations
Faxes to 1300 760 361
letters to TSN Internet PO Box 5293 Port Macquarie,2444

(b) Notwithstanding the above, we may immediately terminate this agreement in relation to any or all Products and Services acquired by or provided to you if:

(i) you are in breach of any provision of these terms and conditions and you have not remedied that breach within 10 days of receiving notice from us;

(ii) you fail to pay any Fees by the due date or breach any of the provisions of clause 5 above;

(iii) immediately if a receiver, provisional liquidator, administrator or other like person is appointed over any of your undertakings or assets or if you enter into arrangement with any of your creditors or any class of your creditors or you become insolvent or otherwise are unable to pay your debts when they fall due.

(c) On termination, your rights to use Products or Services cease, you must return to us any materials we have provided to you in relation to the Products or Services, you must pay to us immediately all outstanding Fees in relation to the Products or Services and you are not entitled to any refund.


9. Things beyond our control

(a) It is impossible for TSN to ensure that the Products or Services are provided to you at all times or at any specific times or will be able to operate at all times error-free. We make no warranties to you in this regard.

(b) We will not be liable for any failure to fulfil any term of this agreement where that fulfillment is delayed or prevented, restricted or interfered with for any reason beyond our control, including but not limited to fire, storm, flood earthquake, accident, labour dispute, materials or labour shortage, outages in telecommunications or radio communications networks, law or regulation or an act or omission of any third person.


10. General

You should also ensure that any Spam filters allow all email from @tsn.cc addresses.

(a) These terms and conditions and Part B which may apply to particular Products or Services are the entire agreement between us in respect of the Products or Services.

(b) You have not relied on any representation made by us in deciding whether to acquire the Products or Services and you have relied on your own judgment in relation thereto.

(c) We may change or remove any of these terms and conditions at any time, including, without limitation, if there is a change to any law or regulations. We will give 30 days notice via email to the address registered as your contact address --- where there is no email address registered as the contact address. TSN will address notifiaction to all email addresses associated with your account. Where no email adddresses are available you will not receive notification. It will be assumed that you have given TSN permission to make any changes.

(d) TSN will make all notification via email. Unless legal requirements dictate otherwise.

(e) Before resorting to any external dispute resolution mechanism, we and you shall attempt to settle any dispute in relation to this agreement within 14 days of that dispute arising.

(f) You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign our rights or obligations, or subcontract or obligations without restriction.

(g) You agree that you are not our employer or employee, our principal or agent, our partner or joint venture and you have no right to bind us in contract or otherwise at law.

(h) If part or all of any clause in this agreement is illegal or unenforceable, it may be severed from this agreement and this will not affect the continued operation of the remaining provisions of this agreement.

(i) These terms and conditions are governed by the law in force in New South Wales, Australia.


11. Free Mypage Guidelines

(a) TSN does not allow the creation of download sites. For example, MP3 sites will be deactivated.

(b) Australian Laws require no gambling or porn sites to be run from Australian sites. These sites will be deactivated.

(c) TSN staff also uses their own judgment to whether a site is suitable for posting on the internet. If you think the content of your site may be questionable, to avoid disappointment please don't create the site on the TSN server.

(d) Sites may be turned off at the discretion of TSN if we deem them to no longer comply with the above criteria.


12. PHONE SERVICES

CALLS

TSN reserves the right to cancel phone services where bills go unpaid or payments are refused by the bank. 
TSN reserves the right ask clients to churn to an alternative provider, No reason is required. 
TSN may block the ability to make calls if payment is not made in a timely fashion.

LINE RENTAL

Standard line rental is discounted to $32.95 or as advertised on our homepage provided long distance and all pre-selected services are with TSN. 
TSN price is a whole of service package. 
In the event long distance and pre-selected services are moved away from TSN, the line rental will move back to the non discounted price of $59.95. 
Where pre-select is moved away from TSN leaving TSN with only line rental and local calls. TSN will increase line rental. TSN will alter local charge rates to the maximum allowable.

BILLING

Line rental is payable monthly in advance while call costs are in arrears.

PAYMENT

Once $50 of charges is reached an email will be sent. 3 days after this email is sent the unbilled charges will be billed. This is to stop both the customer and TSN experiencing payment problems in the future.

 

13. Hardship Policy

Summary of financial hardship policy

"Financial hardship" occurs when a customer is unable to pay financial obligations due to illness, unemployment or other reasonable causes, and the customer reasonably expects to be able to clear the outstanding amounts if payment and or service arrangements were changed. It is due to an inability of the customer to pay bills rather than electing not to pay or pay when convenient. 

It can arise through: 

  • Loss of employment of the customer or family member
  • Family breakdown
  • Illness, including physical incapacity, hospitalization, or mental illness of the customer or family member
  • A death in the family
  • Other factors resulting in unforeseen change in the customers capacity to meet their obligations


When deciding if a customer is facing financial hardship or simply seeking to defer payment TSN may seek evidence such as: 
  • A statutory declaration from a person familiar with the customers circumstances (family doctor, clergy, bank officer, etc) or
  • Evidence of the customer having consulted with a recognised financial counsellor or a booking to see a financial counsellor.


TSN will endeavour to ensure that any continued service in hardship cases will be at a level that allows reasonable debt reduction payments without worsening the customer’s financial position. This may include limiting access to services that incur additional charges such as long distance, mobiles calls, any value added services etc.

 

PART B. ADDITIONAL TERMS AND CONDITIONS

1. Payments

Existing Services

Direct Debits are processed on the due date or as soon as practible.
You will receive notification via email 3 days prior to the due date that a new invoice has been created. It is your responsibility to ensure you check your emails and to notify TSN if there is an error in the amount to be charged.

Occassionally TSN will be delayed in submitting the Direct Debit request to your bank. It is your responsibility to ensure the funds due to TSN remain in your account until TSN claims them. 
TSN will not be responsible for any bank fees you receive due to overcharging (You had the opportunity to check your bill)
TSN will not be responsible for any bank fees you receive due to delays by TSN in lodging the direct debit to the bank. (You have been reminded via invoice of the amount TSN will be requesting).
TSN will charge a $10 fee for any direct debits rejected by the bank.

New services

Our normal process is to charge on sign-up for all accounts paid in advance. 
The sign-up process will advise you the amount we intend to take.
TSN will not be responsible for any bank fees you receive due to overcharging (You had the opportunity to check your bill)
TSN will not be responsible for any bank fees you receive due to delays by TSN in lodging the direct debit to the bank. (You have been reminded via invoice of the amount TSN will be requesting).

In most cases new orders will be delayed by 4 working days where payment is made by Direct Debit while we ensure funds are available. 

CREDIT CARD

Existing services

You will receive notification via email 3 days prior to the due date that a new invoice has been created. It is your responsibility to ensure you check your emails and to notify TSN if there is an error in the amount to be charged.
TSN will attempt to charge on the due date however occassionally delays will occur. It is your responsibility to ensure sufficient funds remain available until withdrawn by TSN

New Services.

The vast majority of TSN services are payable in advance. You will be charged immediately or shortly after sign-up.

Charge Backs

In the event that you request a chargeback from your financial institution a dishonour fee for the transaction up to, but not exceeding, $35.00 for each chargeback made.

Credit Card Merchant Service Fees

All credit card transactions attract a fee called a "Merchant Service Fee" (MSF). The credit card companies charge this fee as a percentage of the payment amount. Due to changes in Government legislation organisations including ISPs are now able to pass the cost of accepting credit cards to the consumer at the time of payment.

Therefore if you choose to use a Credit Card as your nominated payment method a Credit Card Surcharge of 1.45% for Visa and MasterCard and 4.1% for AMEX (American Express) of the total amount paid will be debited against your credit card in addition to the amount shown on your bill.

NOTE: TSN communicates with you via email. Its is your responsibility to ensure that a working email address is registered in the contacts section located in your Manage Account area.


2. TSN Fairness policy Dial-up customers.

(a) If all modems become full TSN will scan the accounts of online customers in that location and the customer who has been on the longest will be given two minutes warning ( warning message requires use of the TSN dialer) and then dropped. That customer will then be prevented from getting back online for ten minutes.

(b) Unlimited Connections are not intended to be permanent ports. Permanent ports are available, please see our prices page http://www.tsn.cc/prices. If an unlimited account usage exceeds 17 hours per day on average over a 30 day period. TSN will contact the customer and discuss other arrangements. If the customer can't be contacted over a 7 day period, TSN will disable the account and wait for the customer to call the TSN Helpdesk.


3. Domain name registration

(a) If requested by you, we will assist you in the registration of a domain name. You acknowledge that we are not responsible for the allocation and administration of domain names and that we cannot guarantee the availability of a domain name or the continued availability of the domain.

(b) Where you have requested us to apply to register a domain name on your behalf, you agree that all information you provide to us in this regard will be true and complete, and you will abide by the terms and conditions of the relevant authority who administers that particular sub-domain.

(c) You agree to pay all of our fees, charges and expenses in this regard in accordance with Part A.


4. Telehousing

(a) All Telehousing will be conducted at our discretion, at any of our facilities and in accordance with any standard operating procedures adopted by us from time to time.

(b) You must provide your equipment to us in good working order, all of which must be approved by the relevant regulatory authorities and comply with all statutory provisions regarding machinery safety standards must be complied with. You are responsible for ensuring that your equipment and environmental specifications are within the range pursuant to which we typically provide the Telehousing Services.

(c) You are responsible for maintenance and warranty provided to your equipment by any third party.

(d) You are responsible for any services provided by a telecommunications carrier or other party to your equipment, unless otherwise agreed with us.

(e) You bear the risk of loss or damage to your equipment while we are providing the Telehousing Services.

(f) You bear all costs of installing, connecting or disconnecting and removing your equipment. You must install your equipment under our supervision or using our personnel (at our discretion) in the positions indicated by us.


5. Help desk and posting information to our website

(a) When using our online help desk or otherwise posting information to our website, you acknowledge and agree:

(i) no illegal, harassing or objectionable material may be posted;

(ii) we may use information posted for any reason;

(iii) advice provided using the online help desk is of a general nature only and further assistance from a suitably qualified person may be required at your expense; and

(iv) you must not post information to our website which is intended to be a formal notification to us.

(b) We do not warrant that our online help desk advice will resolve all problems encountered by a Product or Service.


6. Web Development

(a) While we may own certain intellectual property rights in the website developed for you and you have certain obligations in relation to information that you provide to us in accordance with Part A, you acknowledge that you are responsible for the final authorisation to release, and the content of, the website developed for you and you will be responsible for signing off on that website prior to release to indicate it meets your specification.

(b) You are responsible for obtaining any consent from any third party regarding use of any of their intellectual property rights or the right to link their website to your website.

(c) You are responsible for providing to us any legal disclaimers or other notices you require to be inserted on your website. You are responsible for providing all content necessary for your website unless we otherwise expressly agree.

(d) If you wish us to provide maintenance services in relation to your website, we must come to a separate written agreement in that regard.


7. Free Mypage Guidelines

(a) TSN does not allow the creation of download sites. For example, MP3 sites will be deactivated.

(b) Australian Laws require no gambling or porn sites to be run from Australian sites. These sites will be deactivated.

(c) TSN staff also use their own judgment as to whether a site is suitable for posting on the internet. If you think the content of your site may be questionable, to avoid disappointment please don't create the site on the TSN server.

(d) Sites may be turned off at the discretion of TSN if we deem them to no longer comply with the above criteria.


8. Additional Clauses for ADSL Accounts

8.1 GENERAL
Your nominated TSN Broadband ADSL line is subject to a Full Service Qualification, not all telephone lines are compatible with Broadband ADSL. Approved lines require a Provisioning period before the Account can be Activated. 
The installation of Broadband ADSL may cause minor disruption to your standard telephone service.
Included in Your TSN Broadband ADSL Account is the conversion of your nominated phone line to provide ADSL capability.
An ADSL modem is required to operate Your Broadband service. You may either:

(a) Purchase your modem direct from TSN or one of its resellers. Modems are covered by the manufacturers warranty. TSN will supply help if required configuring the modem once only. If the modem is factory reset TSN may charge to re-set up the modem

(b) Supply the modem yourself. You are responsible for configuring the modem to gain access via TSN. TSN will supply the settings required to be entered in the modem.

If you are running a network, TSN recommends an ADSL Modem Router.

Note: TSN’s helpdesk does not support your network and its functioning. TSN supports the ADSL modems connectivity to the internet.
Manufacturers Warranty – Electrical surge damage is not covered. Please be extremely careful during electrical storms. Unplug Phone lines and power from the sockets.

Any ADSL modem purchased by you from TSN is covered under the full manufactures warranty. You should take all due care during electrical storms that your modem is turned off at the power supply, as this damage is not covered under your warranty.

8.2 TSN ADSL
(a) TSN ADSL is only available in specific areas. Your nominated ADSL line is subject to a Full Service Qualification. Approved lines require a Provisioning period before the Account can be activated.

(b) Included in Your ADSL Account is the conversion of your nominated phone line to provide ADSL capability. ADSL Modems are not included unless specified.

(c) By placing an order for an ADSL service you are declaring that you are either the legal lessee of the telephone service on which the ADSL service is ordered, or an authorised representitive.

(d) Cancellation of an ADSL account will result in the following charges:

(i) Before ADSL Line Completion - $189 administration Fee;

(ii) After ADSL Line Completion – Within 6 months of commencement $99.00 plus one full months account fee. ( BREAK FEE)

(iii) After 6 months – The Regular Payment plus any excess Usage Charges until ADSL Line Cancellation.

(iv) Should your account be subject to a minimum term, the terms and conditions for that particular account

(e) The installation of TSN ADSL may cause temporary disruption to your standard telephone service.

(f) You will require a network access point and a telephone access point. As such You are responsible for providing a Network Card or USB port and a RJ11 wall socket or converter to set-up the ADSL account.

(g) ALL ADSL accounts must be signed uo with either Credit Card or Direct Debit details attached to the account. Billing will then be made direct to your nominated account.
You may update the account deatils at any time via your manage account facility. or by ringing TSN Phone 13 14 86

(h) ADSL accounts are normally charged monthly on the anniversary of activation. All ADSL accounts are in advance. Should payment fail the account is disabled until payment is received. Should full payment not be received before the account becomes 14 days overdue TSN has the option to cancel the ADSL service. Reconnection will then be the same as the creation of a new ADSL service. Early termination fees if applicable will also apply.
NOTE... A disabled account continues to bill even though you do not have use of the account.

(i) For usage accounts a Credit Card must be supplied. Both the access component and usage component will be charged on the 20th of the month or as close to this date as possible. Usage charges will run from the 20th to midnight on the 19th of the month.

(j) You acknowledge that if for any reason your credit card is declined TSN has the right to cancel your ADSL account. Break-fees or reconnection fees may apply.

(k) You may change your nominated ADSL line. The $129 relocation Fee will be applicable. You are subject to following conditions:

(i) Your new line is in a TSN ADSL enabled area ( if not, You will be subject to the full ADSL Break Fee);

(ii) Your new line receives full service qualification approval ( if not, You will be subject to the full ADSL Break Fee); and

(iii) A free port is available in the relevant exchange (if not, You will be required to wait until a port becomes available – Monthly fees are still applicable)

(l) If Your ADSL enabled phone line is cancelled with Your telecommunications provider for any reason, it is Your responsibility to have the line reconnected. You will be required to pay TSN a $129 reconnection Fee. Failure to reconnect the line will result in full ADSL Break Fees.

(m) You may change between TSN ADSL Accounts and the following will be applicable:

(i) You must retain Your current ADSL Line;

(ii) You must notify TSN and obtain TSN’s consent;

(iii) TSN and You mutually agree to break Your current Contract at no cost; and

(iv) You accept any variation to the Set-up Fee, Contract Period, Pricing Details and Terms and Conditions of the new account.

(n) In the event Your use of the ADSL services interferes with our suppliers network or systems, TSN or the supplier may cancel the ADSL service without notice or compensation. You may be liable for any ADSL Break Fees incurred as a result of this.

(o) During the course of Your TSN ADSL contract. The ADSL connection may fault either line synchronisation or communications. In the event of Your ADSL service faulting, please Contact TSN. Phone 13 14 86 
If you contact our Third Party supplier any charges TSN experiences due to this will be charged back to you. Fault resolution will normally occur within 72 working hours. Depending on the nature of the fault, fault relief may take longer.

(p) In the event of Your ADSL faulting, TSN offers a backup measure whereby You may dial-up via a standard modem (supplied by yourself) to connect. Your Internet Access Usage against the modem dial-up will be recorded and billed. Use your ADSL Username and Password.

(q) Modifications to your ADSL Account may require a provisioning period, and Fees may be applicable.

(r) TSN eccepts no responsibility for your ADSL hardware or software.

(s) A filter is required on each telephony device attached to the nominated ADSL phone line.

(t) If you have a monitored security system that dials out on the nominated ADSL Line, or more than three telephony devices attached to the nominated ADSL line. You require a central splitter. You will be responsible for employing a third party to install a splitter. All costs and effects that arise from the installation are between the third party and yourself. Account fees start from the time the phone line is upgraded to ADSL services regardless of the date of the splitter installation.

(u) Fees start from the time your nominated Broadband ADSL phone line is upgraded to ADSL services.

(v) TSN does not guarantee Your connection will achieve the theoretical maximum stated in the connection speed at any given time as variables such as signal strength, distance from the exchange, traffic and load have an influence on the connection speed.

(w) It is your responsibility to ensure your connection is secure. TSN is not liable for any breaches because the security of your computer has been compromised. TSN recommends some form of PC protection such as firewall software be installed.

(x) Changes to the account holder details of the nominated telephone line will not be able to be made with Your telecommunications provider when ADSL has been provisioned on the line without a $129 reconnection Fee being applied. Down time would also result in this circumstance.

(y) Regular telephone service charges are not part of TSN's Broadband service, and are payable to your telecommunications carrier direct.

8.3 "HEAVY DOWNLOADERS”
TSN reserves the right to renegotiate the monthly fee for any ADSL account OR to request any customers to CHURN to another ADSL supplier if the USAGE (downloaded data) of that customer falls within the top 10% of all ADSL users for that SPEED.

Should TSN decide to request that you churn TSN will give you 14 days notice in writing.

In the event that a Shaped Services usage exceeds more than whichever is lesser of: 

i) an additional 5GB of data beyond the Services alloted quota; or 
ii) an additional 10% of data beyond the Services alloted quota we may apply additional speed restrictions 

In the event that a Shaped Services usage exceeds more than whichever is lesser of: 

i) an additional 10GB of data beyond the the Services alloted quota; or
ii) an additional 20% of data beyond the Services alloted quota we may restrict access to the Service and, at our sole discretion, with fourteen days notice: 

i) request that you select a different plan; or
ii) request that you reduce your usage in future billing periods; or
iii) terminate the Service 

Such notice may be made, at our sole discretion, by either: 

i) telephone; or
ii) facsimile; or
iii) postal mail; or
iv) email


9. Additional Clauses for Wireless Accounts

(a) Where an account remains inactive for one month due to: Non-payment of the account fees, the account will be deactivated. In order for the account to be reactivated an account activation fee shall apply $70.00

(b) Your usage can be monitored on the TSN homepage www.tsn.cc under the heading Manage Account. Where usage restrictions apply TSN calculates usage on the last 30 days, if you are over the set

(c) IP address --- TSN continuously monitors usage on each IP address. Where we detect a user switching IP address’s TSN will immediately reduce data flow to zero and a $70.00 reconnection fee will apply.

(d) TSN accepts no responsibility for the malfunction of your equipment.

(e) Wireless connectivity can change over a period of time. Eg: Buildings may be built, trees may grow and other obstructions may be placed in the signal path. TSN accepts no responsibility for this.

(f) TSN will do all within its power to ensure continuous connectivity however being electronic in nature outages will occur. If the problem is limited to wireless access TSN will supply dial-up access as a replacement.

(g) Data For simplicity of calculations we use, 1,000,000 bytes to the meg

(h) Data usage is the addition of both uploads and downloads.


10. Additional Clauses for DOV Accounts and Standard ISDN Accounts

TSN has both Unlimited Accounts and Permanent ISDN accounts

UNLIMITED ACCOUNTS
WARNING
Please do not set yourself up to AUTO DIAL as the TSN fairness policy applies to this account style. The main purpose of our "fairness policy" is to free up a port for the next user. With auto dial in use Ports are not freed up as ISDN is capable of dialing every 3 seconds.
If you attempt to re-dial within the 10 Minute "Kick Cycle" The Kick Cycle is immediately reset to restart your kick Time again.
For example if you attempt to dial after 9 minutes into the kick time you will restart the "kick cycle" again and you will have ten minutes to wait before you can log in.

NOTE
If you use the TSN dialer we will send a warning message that you are about to be kicked, 2 minutes prior to actual kicking.

PERMANENT ACCOUNTS
This account gives you your own dial Port.
Auto Dial is permissible.
Telephone lines are notorious for dropouts. 'Permanent TSN' means we attempt to supply you with a 24 x 7 access. On occasion there will be equipment failure and downtime. TSN will do its best to keep these to an absolute minimum.


11. HiBIS clients

Will be subject to the above Terms and Conditions except where there is confusion between the above Terms and Conditions and;

a) The standard comparative data required by HiBIS and the ACA. See this link for details;

b) The contract which you signed when applying for this account.

For clarification purposes your contract will have precedence, followed by The standard comparative data Then the general terms and Conditions.

Terms and Conditions - General Conditions for HiBIS Customers
TSN includes the following Terms and Conditions as requested by DCITA to comply with HiBIS requirements.


No. Requirements & Responses Agreement,
Section

1

Any change to the contract is subject to DCITA approval, and the provider is required to inform customers of any approved change.

TSN Internet.com.au may not change these Terms and Conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts.

 5.11(e)

2

The HiBIS service is offered for three years

At the conclusion of the initial 18 month contract the Customer has the right to renew for a further 18 months at a monthly price no greater than the original contracted Price. The maximum term of the HiBIS Service may not exceed 36 months from initial Service commencement.

 2.4

3

Customers may migrate between HiBIS services within the technology platform at no cost and are always entitled to return to the original HiBIS service

The Customer may migrate between HiBIS services within the technology platform at no cost and is always entitled to return to the original HiBIS service.

 4.6.7

4

Customers have a right to a contract period of no more than 18 months

This contract will operate for a period of 18 months from the date of service commencement.

 4.6.8

5

The overall price of the HiBIS service being provided will not be increased for three years from the commencement of the provision of the service

The overall price of the HiBIS service being provided will not be increased for three years from the commencement of the provision of the service.

 4.6.8

6

The HiBIS provider commits to the HiBIS requirement for free-of-charge 24/7 fault reporting, and help desk facilities as set out in its agreement with DCITA

TSN Internet.com.au commits to the HiBIS requirement for free-of-charge 24/7 fault reporting, and a help desk facility which operates from the phone number 13 14 86 or via email at  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

4.6.12

7

Statement that the HiBIS provider agrees to abide by HiBIS performance requirements in regard to data speed and service availability

TSN Internet.com.au commits to provide a service with average data download and upload speeds of at least 70% of the service’s nominated peak speeds at least 75% of the time as measured according to a prescribed HiBIS testing schedule. The Service Provider commits to the service being available at least 99% of the time, averaged over a quarterly period.

 4.6.2.2.5

8

Usage testing is available for the customer where relevant, and usage information is available from the provider

TSN Internet.com.au will make available to the Customer tools that will enable them to test the data speed of their Service. The Service Provider will provide an online means for Customers to check their usage on at least a daily basis.

 4.6.2.2.1

9

A commitment to provide the customer with full information about the service, as required by HiBIS

‘TSN Internet . com .au commits to provide the Customer with full information about the Service, as required by HiBIS.

 4.11

10

Customer agrees to make necessary information available and provide a truthful attestation so that the HiBIS provider can make a HiBIS claim

The Customer agrees to make necessary information available and provide a truthful attestation so that TSN Internet.com.au can make a HiBIS claim.

 5.9

11

Commits to stated installation and repair timeframe's as per agreement with DCITA

TSN Internet.com.au commits to the connection of a new Service within 5 days of the Customer signing the contract. In the event of a Service outage or fault for which the Service Provider is responsible, the Service Provider commits to restoration of the Service within 12 hours.

 4.8

 

12. VOIP Acceptable Use Policy

TSN's VOIP Acceptable Use policy is designed to protect the quality of service we provide to our customers and functionality of the TSN network. This enables all customers to receive fair and reasonable access. The terms of this policy can change from time to time.

The policy specifically relates to usage of flat rate calls and free calls included on the following plans:

  • TSN $14.95 VOIP Plan

Please be aware that:

(a) These plans are for residential use only.

(b) If your use of the plan is excessive or unreasonable we will contact you via email, using the contact details you have provided to us. If after our request your usage continues at a similar level we may change you to our regular $9.95 plan or an appropriate business plan, then charge you at the rates for that plan and backdated to when we made contact. We also reserve the right to immediately cancel your service for reasons listed in point 4.

(c) Excessive use includes regular calls of more than 180 minutes per call where a .flat rate. applies and a regularity of calling that indicates that the service is not being used for residential use only.

(d) Unreasonable use of the service is considered to be:

i) using a device that reroutes calls to/from our network or the network of another supplier.

ii) using the service for business purposes

iii) wholesaling any service on our network.

iv) using the service to bridging of conference calls

v) using the TSN VOIP service to provide a link between two devices or business locations in a permanent or semi-permanent way;

vi) using the TSN VOIP service for any other purpose other than general person-to-person voice communication.

vii) if you make over 175 local and national calls within a single monthly billing period.

13. Privacy Clauses

Notice of disclosure of your credit information to a credit reporting agency. (Privacy Act 1988)

Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may give information about you to a credit reporting agency, for the following purposes:

• to obtain a consumer credit report about you, and/or

• to allow the credit reporting agency to create or maintain a credit information file containing information about you.

The information is limited to:

• Identity particulars - your name, sex, address (and the previous two addresses) date of birth, name of employer, and drivers licence number.

• your application for credit or commercial credit - the fact that you have applied for credit and the amount.

• The fact that Saunders Properties Pty Ltd T/As TSN Internet.Com.Au is a current credit provider to you.

• loan repayments which are overdue by more than 60 days, and for which debt collection action has started.

• advice that your loan repayments are no longer overdue in respect of any default that has been listed.

• information that, in the opinion of Saunders Properties Pty Ltd T/As TSN Internet.Com.Au you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations).

• dishonoured cheques - cheques drawn by you for $100 or more which have been dishonoured more than once.

• that credit provided to you by Saunders Properties Pty Ltd T/As TSN Internet.Com.Au has been paid or otherwise discharged.

Period to which this understanding applies

This information may be given before, during or after the provision of credit to you.

Statement By Applicant (s) For Credit

Please read carefully before signing. Where there is more than one applicant, each applicant must sign.

1. Giving information to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988)

Saunders Properties Pty Ltd T/As TSN Internet.Com.Au has informed me that it may give certain personal information about me to a credit reporting agency.

2. Access to Commercial Credit Information (Section 18L(4) Privacy Act 1988)

I/we agree that Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may obtain information about me/us from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing my/our application for consumer credit.

3. Access to Consumer Credit Information (Section 18K(1)(b), Privacy Act 1988)

I/we agree that Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may obtain a consumer credit report containing information about me from a credit reporting agency for the purpose of assessing my/our application for commercial credit.

4. Exchange of Credit Worthiness Information (Section 18N, Privacy Act 1988)

I/we agree that Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may exchange information with those credit providers named in this application or named in a consumer credit report issued by a credit reporting agency for the following purposes;

• to assess an application by me/us for credit

• to notify other credit providers of a default by me/us

• to exchange information with other credit providers as to the status of this loan where I am in default with other credit providers

• to assess my/our credit worthiness.

I /we understand that the information exchanged can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.

5. Agreement to a credit provider being given a consumer credit report by a credit reporting agency to assess a guarantor (Section 18K 1(c) Privacy Act 1988)

I/we agree the Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may obtain from a credit reporting agency a consumer credit report containing information about me/us for the purpose of assessing whether to accept me/us as a guarantor for credit applied for by, or provided to, the borrower(s) [named in agreement].

I/we agree that this agreement commences from the date of this agreement and continues until the credit covered by the borrower(s) application ceases.

6. Agreement to a credit provider disclosing a report including a consumer credit report to potential or existing guarantor (Section 18K (1) Privacy Act 1988)

I/we agree that Saunders Properties Pty Ltd T/As TSN Internet.Com.Au may give to a person who is currently a guarantor, or whom I/we indicated is considering becoming a guarantor, a credit report containing information about me/us for the purpose of [name of prospective guarantor] deciding whether to act as a guarantor, or to keep [name of existing guarantor] informed about the guarantee.

I/we understand that the information disclosed can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to disclose under the Privacy Act, and includes a credit report.