STW Internet Terms and Conditions

Definitions

"STW", "Stuff That Works", "Our", “We” and “Us” means STW (ABN 61 109 606 836). The “Customer”, “You”, “There” and “Your” means the end user of our services
“Parties” means “STW” and the “Customer”.
“Service” means the service(s) supplied by STW to the end user.
“Written Notice” means communication either via Email or Postal Mail to the Contact Name(s) supplied to STW.
Our Internet Service provides a high quality, reliable, dedicated permanent connection to the internet.

  1. Service Components
    The Service is made up of an Access Tail Circuit and IP Transit to the Internet

    1.1 Access Tail Circuit
    The service supplied is inclusive (unless otherwise indicated in the order form) of an access tail circuit.
    The following Access Tail services are supported:

    • ADSL LSS
    • ADSL2+ LSS
    • ADSL2+ Naked ULL
    • EFM (Ethernet in the first Mile)
    • Ethernet
    • Fixed Wireless
  2. ADSL Tail Circuit

    2.1 An ADSL Tail Circuit provides network connectivity to the internet from an End-User premises. The network connectivity is provisioned on a metallic wire pair usually used as a standard telephone line.
    2.2 STW maintains connectivity to several third-party access networks (our “Suppliers”), providing the following technology options for ADSL Tail Circuit delivery:

    1. ADSL on LSS
    2. ADSL2+ on LSS
    3. ADSL2+ on ULLS (often referred to as ‘Naked DSL’)
    4. ADSL/ADSL2+ LSS with extended coverage
    2.3 ADSL Tail Circuits are not guaranteed to always be available, and cannot be redundantly protected.
    2.4 ADSL Tail Circuits of each technology are not available in all locations.
    2.5 STW may not provide a CPE for connection to the ADSL Tail Circuit. It is the responsibility of the End User to provide a compatible CPE for the Service if not supplied.
    2.6 CPE connected to ADSL Tail Circuits use Point-to-Point Protocol (PPP) sessions.
    2.7 ADSL Tail Circuits are built using shared access networks. Throughput speeds, delays and delay variations may vary depending on the traffic of other End Users, and are not guaranteed. ADSL Tail Circuits may not be suited to applications that are sensitive to such network parameters.
    2.8 At the End User premises, STW will arrange for a standards based interface to be provided for connection of CPE to one of the STW's Supplier access networks. The interface will be one of the following technology options:

    • ADSL1 as per ITU-T Rec. G.992.1
    • ADSL2+ as per ITU-T Rec. G.992.5
    2.9 For ADSL & ADSL2+ on LSS services (“Co-existing Services”) the ADSL Tail Circuit is provided on the same copper wire pair as an existing analogue PSTN service, and the service location is primarily defined by the PSTN service number, also known as a Full National Number (FNN).
    2.10 For ADSL2+ on ULLS services the ADSL Tail Circuit is provided on a sacrificed (connected or non-connected in place), spare or unused copper wire pair, and the service location is primarily defined by the premises street address.
    2.11 ADSL Tail Circuits may not be available to each location, due to a number of factors including but not limited to network topology, line distance, absence of unused pairs and the presence of an incompatible service.
    2.12 Co-existing Services may not be compatible with some telecommunications options existing on the PSTN line. These options, if currently operating, must be discontinued before the ADSL Tail Circuit can be ordered and following the installation of the ADSL Tail Circuit these incompatible telecommunications options will no longer be available. These options include, but are not limited to: priority assistance, Auxiliary Numbers associated with FaxStream Duet and EasyCall Multiple Number services, ISDN services, and some answering and fax machine models. A list of known telecommunications services and products that are incompatible with ADSL is published at: http://telstrawholesale.com/products/docs/data_access_incompatibleproducts.pdf and this list will be updated from time to time by Telstra.
    2.13 Co-existing Services may require line filtering equipment to be installed by the STW or End User. Where a monitoring service or other hard-wired device is connected to the PSTN line, or more than four telephone devices are connected to the line, a central filter/splitter must be installed at the End Users cost. Failure to install appropriate filters may result in the ADSL Tail Circuit being interrupted and/or the ADSL service interrupting or interfering with the other services co-existing on the PSTN line.
    2.14 The ADSL Tail Circuit does not include the provision of cabling or equipment beyond the Network Boundary Point at each End User Location.
    2.15 In the case where additional work from the Network Boundary Point is required, the Customer agrees that it is responsible for ensuring the work is performed; and:

    1. that Cabling work within NBPs/MDFs/IDFs, including installation of splitters/filters and the installation of cabling, must be performed by registered cablers (see http://www.acma.gov.au);
    2. that it is the responsibility of the Customer to ensure compliance with all Australian cabling standards and guidelines;
    2.16 For ADSL+2 ULLS Services ('Naked DSL') in a multi-tenant building, the service will be delivered to the building’s internal copper frame (MDF/IDF) and the service will require the customer to arrange cabling from the IDF/MDF to the End User premise.
    2.17 If the End User already has an ADSL service with another supplier, then under some circumstances STW may be able to move the End User’s service to the l network without requiring a new connection to be made. This is known as Churn. The previous supplier must be a member of the Telstra Fast DSL Churn process (for ADSL1/ADSL2+ LSS) or on the Optus Network (for ADSL2+ ULLS). STW is not responsible or liable for any charges from your End User’s previous supplier, nor is STW responsible for any delay by, or any act or omission of, the losing service provider in completing the transfer process.
    2.18 ADSL2+ services (whether on LSS or ULLS) provide up to 20Mbps downstream / 1 Mbps upstream. The typical downstream capacity is approximately 15 Mbps, and the minimum capacity is at least 880kbps. The service will synchronise to the highest technically achievable line-rate achievable on the provisioned ADSL Tail Circuit. In some locations, the customer’s maximum achievable line speed on ADSL2+ LSS Extended Service may be limited to 8Mbps/384kps Upstream due to the technical limitations of the end-users Telephone service.
  3. IP Transit
    3.1 STW will include a Single IP Address for each service. Additional IP Addresses can be added upon request at an additional charge. STW may also offer BGP4 routing of an existing public IP Addressing range belonging or assigned to either the customer or the End User as long as the Address range contains a minimum of 256 IP Addresses (https://d2oc0ihd6a5bt.cloudfront.net/24 Subnet). A letter of authority to route this IP Range will need to be obtained. Any IP Addresses assigned to the End User by the supplier remain the sole property of the supplier and may be changed or revoked by at any time at the supplier's discretion and are not transferable.

    For ADSL/ADSL2+ LSS Services

    • STW is only able to provide a service if the End User has, and continues to use, a Qualified Telephone Line over which Telstra or a reseller of Telstra supplies a Standard Telephone Service.
    • Connection of the Service will mean that Incompatible Products from STW or other service providers will not be supplied on that Qualified Telephone Line.
    • If the Customer or the End Users are using any Incompatible Products, STW will not be able to supply the ADSL service on the relevant Qualified Telephone Line.
    • Installation and operation of a Monitoring Service may cause temporary disruption to an ADSL service.
    • Where the End User has, or is acquiring, a Monitoring Service the End User may need to install additional equipment (this equipment is not at STW's cost and STW has no responsibility for this equipment) to be able to receive the ADSL service.

    For ADSL2+ ULLS ('Naked DSL') & EFM Services

    • STW is only able to provide an ADSL2+ on ULL & EFM services if the End User has sacrificed (connected or non-connected in place), spare or unused telephone wire pair(s) between the relevant exchange building and the End User’s premises.

    For all DSL Services

    • STW or its Suppliers may at any time change the method of delivery of the ADSL service.
    • During a transfer of an ADSL Tail Circuit to the new network there may be a brief period when the ADSL service is interrupted. STW and its supplier is not liable for any interruption or delay in the transfer process.

    For All Services

    • Neither STW nor its Supplier (which may be referred to as a carrier or supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service.
    • The End User must comply with the Acceptable Usage clauses of Paragraph 13.
    • STW or its Supplier may suspend or configure and service if any of the events specified in this Agreement occur, and whether or not this occurs, the Customer remains liable for the use of the service.
  4. Connection Times
    The following connection times apply for services from the time the order is accepted by STW:

    • ADSL & ADSL2+ LSS 5-7 Working Days
    • ADSL2+ ULL ('Naked ADSL+2') 8-12 Working Days
    • EFM 14-28 Working Days
    • Ethernet 28-60 Working Days
    • Fixed Wireless 7-28 Working Days

    STW is unable to set for a new service to be provisioned or churned on a specific day. STW will not be held responsible should a service not be provisioned within the above time frames.

  5. Service Term
    5.1 Each Individual Service must be retained for the Minimum Service Period for each Individual Service from its date of activation.
    5.2 If an Individual Service is terminated within the Minimum Service Period, an Early Termination Charge will apply.
  6. What's not included
    6.1 Management of installation of the Tail with the End User

    1. In the case of ADSL/ADSL2+ LSS Services there is no on-site access required for the Tail to be delivered.
    2. In the case of all other services you are required to ensure that arrangements are made for STW staff or contractors to access the End User premises to jumper cabling from the MDF to existing in-building cabling. It is the Customer's responsibility to ensure suitable in building cabling is available in order to connect the service to the Network Boundary Point where STW (or its contractors) will install a Network Termination Device (NTU) if required.
    6.2 End User CPE
    Unless otherwise supplied by STW, the End User is responsible that there is a compatible CPE available for use from the service delivery date.
  7. Charges
    7.1 Charges for the service are set out either on the Order Form or Pricing Schedule (also known as a Rate Card or Rate Book). All prices listed in the Order Form or Pricing Schedule are in Australian Dollars and are exclusive of GST. The following sections describe the operation of the various charges.
    7.2 Each component that makes up the service is a fixed price service, charged on a non recurring basis or recurring monthly in advance, except for usage if the customer has selected a service that has metered usage which is billed in arrears for the previous months usage. The following components are non-recurring charges per service

    • New Installation/Connection Charge
    • Transfer/Churn Installation/Connection Charge
    • Cancellation Charge or Early Termination
    • Speed Modifications
    • Relocation
    • Technical Assistance Charges The Following Components are recurring charges per service
    • Monthly Service Charge The Following Components are charged in arrears
    • Metered Usage (Excess Usage if service includes data allowance)
    7.3 For Metered usage services, The quantity of Data Transferred by a Service is measured as the total number of bytes passing from the Internet through to your service. All data quantities are measured in bytes, with 1 kByte = 1000 Bytes, 1 Mbyte = 1,000,000 Bytes, and 1 Gbyte = 1,000,000,000 Bytes. Data is only metered for traffic coming from the Internet to your Internet Service (Downloads), unless otherwise mentioned in the service pricing schedule.
  8. Service Level Agreements
    8.1 All individual tails/circuits are covered by a Service Level Agreement to ensure availability of services should they become unavailable.
    The SLA is based on the type of service supplied, and excludes the following;

    • Planned Network outages
    • Acts, omissions and delays by the customer including installation requirements beyond SLA activation period.
    • Behaviour of customer equipment, facilities or applications.
    • Acts of God and any other situations beyond the reasonable control of STW.
    • Unsuitability of the nominated telephone service for an ADSL service.
    • Unavailability of vacant pairs/lines and distance from the exchange for EFM services.

    STW’s service assurance obligations do not extend to faults caused as a result of:

    • Any fault in equipment, software or any network not forming part of the service or the STW Equipment.
    • Damage from any external cause that may prevent the service or the STW Equipment working.
    • Acts or omissions of the customer or end user.
    • Third party equipment that is not installed by STW.
    • The removal of STW Equipment.

    Network Unavailability does not include any unavailability resulting from:

    • Planned Network outages
    • Acts or omissions a customer or end user
    • Acts of God and any other situations beyond the reasonable control of STW.
    • Faults in the customer or end user equipment or software.
    • Damage due to external causes, e.g. Vandalism, theft, etc.
    8.2 This SLA only applies to individual tails. This means the SLA is applied to each tail of a multipoint network, and not the network as a whole. Further, this means working tails on a multipoint network will not attract service activation or service unavailability rebates being applied to a tail that has not met the SLA.
    8.3 STW may, but is not obliged to provide the customer or end user with on site technical support should there be a fault with the service. Should there be no fault with the service and/or STW is requested to fix the fault with the service, STW reserves the right to charge for this service. STW may access customer or end user content and other parts of the service as necessary to identify and resolve technical problems or to respond to service complaints.
    8.4 Service Rebates
    If STW determines in its reasonable commercial judgement that during any calendar month, the STW service was unavailable for a total period longer than six Business Hours, then the Customer account will be credited as follows:

    Service Unavailability (Business Hours) Rebate(Only Recurring Monthly Charges)
    Between 6 and 20.5 hours 10%
    More than 20.5 hours but less than 42.5 hours 20%
    More than 42.5 hours 50%

    Business Days are weekdays, excluding National Public and gazetted Holidays, that commence at 8:00am and finish at 6:00pm. Business Hours are 8:00am to 6:00pm weekdays excluding National Public and gazetted Holidays.

    8.5 Service Credit Claim Process

    1. Credit will only be given where:
      1. The Customer is current with payments for all undisputed invoices rendered before the Claim;
      2. The Customer has lodged with STW a Claim for a Credit
      3. Claims have been received by STW within 30 days of the end of the month to which the Claim relates; and
      4. STW has acknowledged to the Customer the responsibility for the fault.

    STW will make an acknowledgement to you within 7 days of the Customer lodging a Claim and shall provide reasons to the Customer if, for any reason, it denies liability for the fault
    Claims where STW has accepted responsibility will be applied to the customer's invoice during the month following STW's acknowledgement of responsibility for the fault.

    8.6 After Hours Support
    After-hours support is limited to Critical Issues within the Network that affect the End Users operation. Other support requests will be classed as non-urgent and returned during business hours.
  9. Acceptable Usage
    9.1 The Customer warrants that it will not use, or attempt to use, a Service and that it will use all reasonable endeavours to prevent the usage of a Service:

    1. to break any law or to infringe another person’s rights;
    2. to expose STW or its suppliers to liability;
    3. to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent menacing or unwanted; or
    4. in any way which damages, interferes with or Interrupts the Service, the STW Network or a Supplier Network.
    9.2 The Customer acknowledges that neither STW nor its Suppliers are obliged to:

    1. monitor use of the Service or any individual service
    2. ensure End Users do not exceed any monthly download or upload limits or excessively use their service (as per paragraph 9.4); or
    3. suspend or configure an Individual Service if any of the events specified in this Service Schedule occur, and whether or not STW does so, the Customer remains liable for use of the Service.
    9.3 Downloading or uploading greater than 30 gigabytes per month per ADSL LSS Extended Tail Circuit, or 150 gigabytes per month per ADSL2+ LSS Extended Tail Circuit, may affect the performance of the networks of the suppliers used to carry the Service. Accordingly, the Customer agrees that STW can, upon four days notice (but shorter if the excessive usage is seriously impacting the networks of the suppliers used to carry the Service), direct the Customer to take action to prevent further excessive use of the Service.
    9.4 STW may ask the Customer to stop, acting or failing to act in a manner which STW reasonably believes is contrary to paragraphs 9.1, 9.2 and 9.3. The Customer will as soon as reasonably practicable (but in any case within two Business Days) comply with any such request. If the Customer does not, then STW may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with paragraphs 9.1 including suspending the relevant service.