General Terms and Conditions

You should be aware that we can change these terms at any time.  If we change these terms, these online versions of these terms and conditions will always be updated to reflect those changes.

Words with initial capital letters (e.g. "Plan Table") have the meanings set out in the Glossary at the end of the Agreement.

Our contract with you is comprised of the details in your application form, these terms and conditions, the applicable service schedules and any documents incorporated by reference.

Section 1.        Your obligations

1.1     We will provide you with the Service and will use reasonable care and skill in doing so. In order for us to provide you with the Service, there are things that we need to ask you to do. These are that you:

(a)      ensure your PC meets the requirements set out on the Website from time to time;

(b)     comply with the Acceptable Use Policy;

(c)      not use, attempt to use or allow others to use the Service in a way that, in Allegro’s reasonable opinion, significantly interferes with other customers’ use or enjoyment of the Service or interferes with our efficient or proper operation of the Service (to avoid doubt, a high level of usage on an unlimited downloads plan will not, by itself, be a breach of this clause);pay all fees and charges associated with your use of the Service, in accordance with Section 2;

(d)     make sure you keep your account information, password, data and Equipment secure;

(e)      regularly check the default email address that we have allocated to you for messages about your Service;

(f)      receive our newsletter;

(g)     Ensure that any equipment provided by you does not damage the Service or the Broadband Transmission Facilities

1.2     There are certain things that, despite our best efforts, we cannot guarantee or provide in relation to the Service. This means we have to ask you to acknowledge each of the following:

(a)      We will use reasonable care and skill in providing the Service and will provide the Service in accordance with this Agreement.   However, given the nature of telecommunications systems (including the Service’s reliance on systems and services not owned or controlled by us), we cannot promise that the Service will be continuous, accessible at all times or fault-free.

(b)     We will provide the Service Level Agreement as set out in Service Level Agreement Schedule as updated from time to time.

(c)      We may not be able to meet a request from you to provide detailed information about your usage of your Service (for example, information about what sites you visited and when).

(d)     We do not have to monitor use of the Service, whether by you or anyone else. If we do so, we can stop the monitoring at any time. We may monitor use of the Service to see whether you are complying with the Acceptable Use Policy or to investigate a breach (or suspected breach) of that policy. However, we are not under any obligation to enforce the Acceptable Use Policy or any other policy that applies to anyone using services that we provide to them.

(e)      Where you provide your own wireless PC connection device, you are responsible for any loss caused by an unauthorised interception of your Service.

(f)      We are not responsible for any loss caused by equipment provided by someone other than us.

1.3     The Smart Building Service works off a fixed telephone line and it is important for you to understand that the Service can sometimes affect the fixed telephone line. If your Service is a Smart Building Service, we ask that you:

(a)      warrant that:

(i)       you are the legal lessee of the telephone service connected to a network to which your Service will be connected (the "relevant telephone service"); or

(ii)      if you are not the legal lessee of the relevant telephone service, you have obtained the legal lessee's permission to connect the Service;

(b)     acknowledge that:

(i)       if the relevant telephone service is disconnected, your Smart Building Service may be disconnected (and this Agreement may be terminated), in which case you may have to pay us the Cancellation Fee;

(ii)      the installation of your Smart Building Service may cause minor disruptions to the relevant telephone service; and

(iii)     you may experience minor disruptions to your Smart Building Service if the relevant telephone service is transferred to another carriage service provider.

Section 2.        Charges for your Service

2.1     As with any service provided by Allegro, we ask you to pay certain charges. With this Service, you are responsible for paying the charges set out in the Plan Table (as amended from time to time in accordance with clause 4.2) for your selected pricing plan, starting from your Service Commencement Date and by the date specified on the invoice - even if the charges have been incurred by a person using your Service without your authorisation.   Our plans, except our Unlimited plans, have usage charges and for that purpose, 1 Megabyte is 1,000,000 bytes.  Unless specified in the Plan Table or your Application Form, data that travels from you to us (upstream) is not included in any data charge calculation..  You should only accept this Agreement if you agree to pay the charges set out in the Plan Table.

2.2     We have chosen to structure our charges so that all monthly fees are payable in advance and any additional megabyte charges are payable in arrears. Other fees and charges that are payable by you as set out in the Plan Table or Application Form are payable by the due date specified on the invoice.

2.3     We will produce only one invoice per month per account for recurrent charges.   The date this invoice will be released is:  

(a)      generally on of 7^th,14^th,21^st or 28^th of the month; and

(b)     can be changed by sending written request to our accounts contact.

2.4     Invoices are due and payable 14 days from the date they are rendered.

2.5     We may allow you to choose to be billed for the Service by:

(a)      providing us with your credit card details for us to debit your charges for the Service, if your plan permits payment via this method; or

(b)     other billing methods that we may make available from time-to-time.

2.6     We may provide you with the option to pay for your Service via credit card. If you choose to provide us with your credit card details for the purposes of paying for your Service, we may:

(a)      bill all fees and charges to your credit card on a monthly basis from your Service Commencement Date;

(b)     disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details;

(c)      take steps to verify that there is sufficient credit on your credit card account to meet likely fees;

(d)     charge any Cancellation Fee payable under clauses 1.3(b), Section 3 or Section 4 to your credit card immediately on notice of termination; and

(e)      charge any fee for our Equipment that has not been returned within 28 days of notict of termination;

2.7     You can enjoy pricing flexibility, by changing your selected pricing plan at certain times. Any change to your selected pricing plan will not affect your Contract Term. As we bill monthly, the minimum period for which you can upgrade or downgrade your plan is one month, being one billing cycle.

Section 3.        Commencement and termination of this Agreement

3.1     Commencement of Agreement

(a)      We ask you to note that this Agreement commences on the following dates:

(i)       If you complete an online Application Form, on the date you submit the Application Form; or

(ii)      If you sign an Application Form, on the date you sign the Application Form; or

(iii)     If you apply in circumstances other than those set out in (i) or (ii)  above and the Material Terms are read to you, on the date you accept them; or

(iv)     If the Material Terms are not read to you, this Agreement commences on the date we install the service.

(b)     We ask you to note that your Service commences on the date we install Broadband Transmission Facilities and activate your service in our system.

3.2     Application Cancellation

(a)      You may cancel an application made for a service provided the installation work required to provide you with the service has not commenced. Cancellation requests received subsequent to the commencement of installation work will be deemed to be for the cancellation of the operational service and clause 3.4 will apply.

(b)     Application cancellation requests must be made in writing and sent by email to cancellations@allegro.com.au.

(c)      Upon receipt of your cancellation request we will issue you with a ticket number by email, confirming that we have received your request. The date of your request is deemed to be the date when this confirmation email is sent by us. If you have not received your ticket number within 24 hours of sending your request then you should take it that we have not received the request and you should follow up with us.

(d)    To ensure that you cancellation request is processed promptly, once you have received your ticket number, phone Allegro Customer Service on 1300 85 85 35 and quote your ticket number to confirm.

(e)      Upon cancelling an application you will be charged the Application Cancellation Fee unless a Cooling Off Period applies to you in which case you will only be charged the Application Cancellation Fee if you cancel after the Cooling Off Period has ended.

(f)      Where a Cooling Off Period applies to you we may choose to delay commencement of installation work for the service until after the Cooling Off Period has ended.

3.3     Our right to suspend or terminate a service

(a)      We may suspend or terminate your Service if:

(i)       you are in serious breach of this Agreement (you will be in serious breach if you breach your obligation to pay our charges for the Service, breach the Acceptable Use Policy or breach clauses 1.1(c), 1.1(d), 1.1(e), 1.1(g), 8.4, 9.3 or 12.2 of this Agreement); and

(ii)      we have notified you in writing of your breach and you have failed to remedy the breach within 30 days of our notice (if the breach can be remedied).

(iii)     If the breach is something which cannot be remedied, we may immediately terminate your Service with notice to you.

(iv)     Engaging in conduct that breaches the Acceptable Use Policy or breaching clauses 1.1(d), 1.1(g), 8.4, 9.3 or 12.2 of this Agreement are breaches that are not capable of remedy.

(b)     In addition, we may suspend or terminate your Service if you do not pay the charges by the due date.  If we lift the suspension on your Service, a $30 administration fee applies.

(c)      If we terminate your Service under clause 3.3(a) during your Contract Term, you must pay us the Cancellation Fee.

(d)     We may suspend the Service to you during the 30 day period before we terminate your Service under clause 3.3(a). If we do suspend your Service, we will reimburse any monthly fees (pro-rated if necessary) that you paid during the suspension.

(e)      If we terminate the Service for any reason, you must still pay us for any charges incurred before the termination.

(f)      We may also terminate the Service at any time after the expiry of your Contract Term by giving you 30 days prior written notice.

(g)     If we terminate your service under the provisions of clause 3.2(b) and you fail to settle your account within 90 days we may, at our sole discretion, retain or sell any equipment of yours that is in one of our data centres as full and final payment of your account.

3.4     We understand that, at some stage, you may no longer wish to continue with your Service for a number of reasons. Your rights when cancelling your service are as follows:

(a)      All cancellation requests must be made in writing and sent by email to cancellations@allegro.com.au.

(b)    You may make a cancellation request under this agreement at any time. 28 days notice is required however, unless you are cancelling under clause 3.4(f).

(c)      If you cancel this Agreement before the end of your Contract Term, you must pay us the Cancellation Fee unless you are cancelling under clause 3.4(f) in which case you do not have to pay the Cancellation Fee.

(d)     Upon receipt of your cancellation request we will issue you with a ticket number by email, confirming that we have received your request. The date of your request is deemed to be the date when this confirmation email is sent by us. If you have not received your ticket number within 24 hours of sending your request then you should take it that we have not received the request and you should follow up with us.

(e)      Your cancellation request will take effect on your next service anniversary date following the expiry of the 28 day notice period, unless you are cancelling under clause 3.4(f).

(f)      In certain circumstances you may request that your Service be cancelled immediately. “Immediate cancellation” means that no notice period applies so your cancellation request will take effect on your next service anniversary date following the date of your request. Immediate cancellation requests may be made when:

(i)       we are in serious breach of this Agreement; that is, if we breach our obligation to use reasonable care and skill in providing the Service and our obligations under clause 4.2); and

(ii)      you have notified us in writing of our breach and we have failed to remedy the breach within 30 days of receiving your notice.

3.5     At certain times, we need to perform maintenance on or protect our networks to keep providing a high performing service to users. This means that we may sometimes need to suspend your Service if it is necessary for the purpose of maintenance, integrity, protection or restoration of our networks or the users of our networks. If we need to suspend your Service under this clause, we endeavour to ensure that the suspension is for as short a period as is reasonably possible.

3.6     Unfortunately, we cannot control some external events that may affect our provision of the Service to you. If a Regulatory Event occurs, we may not be able to continue providing the Service to you at all or may not be able to provide it on the same terms as set out in this Agreement.   If this happens, we will give you as much notice as we reasonably can and we may need to terminate this Agreement.   You will not pay any Cancellation Fee is your Service is terminated under this clause.

3.7     Exercise of our rights under clauses 3.5 and 3.6 does not affect your Contract Term.

3.8     The effect of termination

(a)      We need to make sure that certain things occur if you or we terminate this Agreement. So, if this Agreement is terminated:

(i)       any software licences granted to you under this Agreement will immediately terminate and you must return to us or destroy the Software and all copies as we direct; and

(ii)      you must immediately return any of our property to us.

(b)     If we terminate this Agreement under clause 3.2 and, at your request, we later agree to provide you with the Service again, you may need to pay us a disconnection fee set out in the Plan Table.

(c)      If you fail to return our property to us within 28 days of termination of this agreement you will be liable for the full retail price of the property.

Section 4.        Changing this Agreement

4.1     From time to time, we need to be able to change these terms to reflect our changing business. We can change this Agreement (including the Plan Table and any prices or the Acceptable Use Policy) in accordance with this clause 4.

4.2     We must give you at least 30 days’ prior notice of the change, unless:

(a)      we need to make the change immediately in order to act legally or the change results from changes in the law. If this is the case, we will give you as much notice as we reasonably can; or

(b)     the change will benefit you. If this is the case, we can make the change and without giving you notice; or

(c)      the change relates to call charges on our Voice Over Broadband service. If this is the case, we can make the change immediately and the Voice Over Broadband Schedule applies.

4.3     If we make a change to this Agreement during your Contract Term and the change means that you are materially worse off (and does not fall within clause 4.2(a)), you may terminate this Agreement by giving us notice within 14 days of the date we notify you of the change. If you terminate your Agreement, you will not have to pay us the Cancellation Fee and the Agreement will be terminated from the date the change takes effect.

4.4     If we make a change to this Agreement after the expiration of your Contract Term and you do not accept the change, you may cancel this Agreement by giving us notice. The Agreement will be terminated from the date the change takes effect.

4.5     If you choose to cancel this Agreement under clauses 4.3 or 4.4, we will refund you any unused portion of your monthly charges.

4.6     If you do not notify us of your decision to terminate this Agreement under clause 4.3 or 4.4 and continue using the Service from the date on which the change comes into effect, you will be taken to have agreed to the change.

Section 5.        Altering your service

5.1     From time to time you may wish to alter your service.  Alterations may be made by contacting our contact centre subject to the following conditions:

(a)      Alterations will take place on the service anniversary;

(b)     We will charge you a Service Alteration Fee unless:

(i)       You are upgrading from one SLA class to a higher SLA class (eg: upgrading from Silver SLA to Gold SLA); or

(ii)      You are upgrading from one bit rate to a higher bit rate in the same SLA class (eg: from 1024/1024 to 2048/2048 in the Silver SLA class); or

(iii)     You are moving from one bundle to another with the same service speed and same SLA class (eg: moving from a 10GB 512/512 Bronze SLA plan to a 5GB 512/512 Bronze SLA plan)

5.2     Alterations involving the moving from one SLA class to a lower SLA class will require termination of the existing service and establishment of the new service.

5.3     Subject to the provisions of 5.2 we may at our discretion charge you:

(a)      the Cancellation Fee for your existing service;

(b)     Establishment Fees for your new service; and

(c)      Service Alteration Fee;

Section 6.        Professional installation

6.1     Broadband Transmission Facilities and Equipment

(a)      All Allegro Broadband Transmission Facilities and Equipment are professionally installed. 

(b)     We will install the Broadband Transmission Facilities and the Equipment at the Premises and will maintain those facilities for so long as we continue to supply the Service to you.

(c)      Where we specify a date to you for installation, we will try to keep to the specified date. However, if we cannot keep the specified date, we will tell you and will complete the installation as close to that date as reasonably possible.

6.2     Accessories

(a)      When you purchase an Accessory from Allegro you may nominate to have that Accessory professionally installed for an additional charge.

(b)     Accessories that are installed by Allegro Networks are not maintained by Allegro Networks. 

(c)      Allegro may at its discretion charge a fee for service for maintaining an Accessory (whether purchased from Allegro or not).

(d)     Allegro may at its discretion refuse to maintain an Accessory (whether purchased from Allegro or not).

6.3     To ensure that we have proper permission to enter your Premises to have your Service or Accessory professionally installed, we ask you to warrant either that you are the owner of the Premises; or that you have obtained permission from the owner (including anybody corporate) for us to enter the Premises and install, maintain or remove the Broadband Transmission Facilities and the Equipment. If you ask us to install the Broadband Transmission Facilities and the Equipment in a particular way and we tell you that we do not recommend that method of installation, we are not responsible for any loss that results from acting in accordance with your instructions.

6.4     The safety of our employees is of paramount importance to us. We ask you to make sure you give us safe access to the Premises when we come to install, maintain or remove the Broadband Transmission Facilities and the Equipment.

6.5     Sometimes we may need another party to help to install the Broadband Transmission Facilities at the Premises (such as a qualified plumber or electrician), or for a third party network operator to disconnect their telecommunications services or cables on the Premises. If we do need this kind of help, we will tell you first and will require you to arrange for the work to be completed before we proceed with our installation.

Section 7.        Interception

7.1     You acknowledge and agree that where the Service is a Carriage Service (as that term is defined in the Telecommunications Act 1997 (Cth)), we may be required by law to intercept or monitor communications sent using the Service. We may also be required to cooperate and involve police or other law enforcement agencies in such activities without notice.

Section 8.        Ownership and use of the Broadband Transmission Facilities

8.1     The Broadband Transmission Facilities are an important part of our ability to provide you with the Service. This means we need to make sure that the Broadband Transmission Facilities remain our absolute property at all times.

8.2     For all purposes (including section 22(1) of the Telecommunications Act 1997 (Cth)) the boundary of our telecommunications network is:

(a)      the wall plate in the Premises providing your DSL or Ethernet Service; or

(b)     in the case of any Equipment being installed by us the Ethernet port on the Equipment identified for Service connection; or

(c)      any point specified in a Service Schedule; or

(d)     any point that we may notify you of from time to time.

8.3     It is your responsibility to maintain and operate the network components and devices on your side of the network boundary.

8.4     To help protect our ability to provide you with the Service, you must not:

(a)      damage the Broadband Transmission Facilities in any way;

(b)     use or permit anyone else to use the Broadband Transmission Facilities (except to access your Service in accordance with this Agreement) without our prior permission; or

(c)      remove any marking which identifies the Broadband Transmission Facilities as belonging to us.

Section 9.        Ownership and use of the Equipment

9.1     To facilitate the supply of the Service to you, we may choose to provide Equipment to you during the term of this Agreement. If we do so, risk in the Equipment passes to you when the Equipment is delivered to the Premises.

9.2     The Equipment, which is owned by us, will remain our property at all times unless ownership transfer thereof is specified in a Service Schedule.

9.3     To protect our interests in the Equipment which is owned by us, we ask, and you agree, that unless and until ownership of the Equipment passes to you under clause 9.2, you will:

(a)      not sell the Equipment; and

(b)     not damage the Equipment; and

(c)      not give a third party possession or use of the Equipment without our prior consent.

Section 10.       Maintenance of the Service

10.1   We encourage you to use our technical support services for genuine problems with your Service. We will use reasonable efforts to rectify the problem as soon as possible. However, we ask you to acknowledge that:

(a)      we do not provide technical support services for configuring your local area network to connect it to your Service, and do not provide assistance with local area network-related difficulties; and

(b)     we will only provide support for connecting your Service to a single PC (as we do not support multiple network cards and devices).

(c)      if we need to attend your Premises in response to a technical support call, and we believe on reasonable grounds that there is no Service problem, or that we did not cause the Service problem, we may charge you a service fee that will be notified to you prior to our site visit.

Section 11.       Maintenance of the Equipment

11.1   We are pleased to stand behind the Equipment that we provide to you and any new Allegro branded Equipment that our authorised dealers provide to you under these terms. If you obtain the Equipment from us or any new Allegro branded Equipment from our authorised dealers:

(a)      we will service and maintain that Equipment and keep it free from any defects in workmanship and materials associated with normal use, during the Maintenance Period (subject to availability of suitable parts, components, materials and labour); and

(b)     if for any reason the Equipment fails to operate within the Maintenance Period, we may at our sole discretion repair, refurbish or replace all or part of the Equipment (subject to availability of suitable parts, components, materials and labour). Replacement parts may be new or refurbished. If we give you a replacement part, you must return the replaced part to us.

11.2   From time to time we may need to remotely upgrade the Equipment connected to the Broadband network, to ensure the security, correct operation and performance of that device on the Service. During a firmware upgrade, you may experience a short service interruption.

11.3   We do need to make sure that a process is followed in relation to reporting maintenance problems and that we do not spend time maintaining Equipment that has not been used appropriately. This means that, subject to clause 11.6, we are only responsible for servicing and maintaining the Equipment under clause 11.1 if:

(a)      you notify us of the defect during the Maintenance Period and follow the procedures for requesting maintenance services, as set out on the Allegro Networks website; and

(b)     you have been supplied with either the relevant Equipment by us ( including the new or refurbished Equipment ) or the new Allegro branded Equipment by our authorised dealer; and

(c)      you have used and maintained the Equipment in accordance with our instructions and have not modified it in any way; and

(d)     the Equipment has only been used with our broadband network.

11.4   Subject to clause 11.6, we are not responsible for servicing and maintaining the Equipment under clause 11.1 if the Equipment is defective or fails to operate as a result of:

(a)      any abuse, misuse, neglect, mishandling or misapplication of the Equipment; any accident by you or a third party; any improper maintenance or service; or any unusual hazards affecting the Equipment (including, but not limited to, exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage); or

(b)     electrical supply problems or failure to provide a suitable environment for the Equipment; or

(c)      any natural disaster (including, but not limited to, floods, lightning and fire), acts of terrorism, or any other cause beyond our reasonable control.

11.5   Allegro reserves the right to charge you for Equipment that is owned by us and is damaged as a result of the conditions specified in clause 10.4.

11.6   The rights conferred on you under this Section 11:

(a)      cease to apply if this Agreement is terminated for any reason before the end of the Maintenance Period; and

(b)     are in addition to any non-excludable rights, conditions or warranties implied by law, including those under the Trade Practices Act 1974 (Cth) (subject to clause 12).

11.7   All other rights, conditions or warranties related to maintenance of the Equipment are excluded.

Section 12.       Software licences

12.1  We may choose to provide Software to you and grant you a revocable non-exclusive licence to use the Software. Your rights in the Software are those set out in this Section 12.

12.2   Where we provide Software to you, it is important that you agree to:

(a)      only use the Software (including storing, loading, installing, executing or displaying it on a computer) in conjunction with your Service;

(b)     only use the Software in accordance with our directions from time to time;

(c)      not sub-licence, assign, share, sell, rent, lease or otherwise transfer to any person your right to use the Software;

(d)     not copy (other than making one copy for archival or backup purposes), translate, adapt, modify, alter, de-compile, disassemble, or reverse-engineer the Software; create any derivative work of the Software; merge the Software with any other software; or change the Software in whole or in part, except as permitted under the Copyright Act 1968 (Cth); and

(e)      not alter or remove any copyright or other intellectual property notifications applied to the Software.

Section 13.       Limitation of liability

13.1   Our liability to you

(a)      This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us.   No other terms apply.

(b)     If you are a Residential Customer, clauses 13.1(c), 13.1(d), 13.1(e) and 13.1(k)apply to you.

(c)      We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except for as set out in clauses 13.1(d) and 13.1(e).

(d)     As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

(e)      We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

(f)      If you are a Business Customer, clauses 13.1(g), 13.1(i), 13.1(j), 13.1(k)  and 13.1(k) apply to you.

(g)     Subject to clause 13.1(i) where the price of the Service does not exceed $40,000 or the Service is of a kind ordinarily acquired for personal, domestic or household use or consumption, we accept liability for direct loss caused by:

(i)       our failure to provide the Service with due care and skill;

(ii)      any goods or materials supplied in connection with the Service not being reasonably fit for the purpose for which they are supplied; and

(iii)     our breach of a condition or warranty that is implied into this Agreement by the Trade Practices Act, provided that you have mitigated the direct loss to the extent possible.

(h)      We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

(i)       To the extent (if any) that the Service is not of a kind ordinarily acquired for personal, domestic or household use (and provided it is fair and reasonable to do so), our liability under clause 13.1(g) is limited to, at our option:

(i)       re-supplying or paying for the costs of having the services re-supplied, if the liability relates to services; or

(ii)      repairing the goods or refunding the purchase price of the goods, if the liability relates to goods (including for example, Equipment).

(j)       To the extent permitted by law, we exclude all liability to you for any indirect or consequential loss arising from or relating to this agreement (including your use of the Service) including:

(i)       any loss of profits or loss of business (whether direct, indirect, anticipated or otherwise); or

(ii)      any loss you may suffer as a result of any faults or interruptions in your Service, or

(iii)     any loss caused by any use made of the Service (including any content that is sent, received, viewed or hosted using the Service), or

(iv)     any loss caused as a result of any virus, worm, hacking or any other security breach incurred as a result of your use of the service.

(k)      To the extent permitted by law, our total liability for loss that is not (for any reason) covered by or excluded or limited by clauses 12.1(g) to 13.1(j) is limited in aggregate for any and all claims to $100.

13.2   Your liability to us

(a)      You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts.   However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

Section 14.       Information

14.1   Information concerning you will be held in a database. The database will contain your name, address, telephone numbers, bank account or credit card details, billing details, information relating to the provision and use of the Service, and information provided by you in connection with this Agreement or the Service.

14.2   This information (other than bank account and credit card details) may be used:

(a)      to enable us to perform our obligations to you under this Agreement, including to provide the Service;

(b)     to enable us to ensure that you perform your obligations under this Agreement;

(c)      by any entity related to us and any service provider, for planning, research, or if required by any law, or if required by the rules of any stock exchange and if you give us your express consent, for the promotion and marketing (whether targeted, direct or indirect) of our products and services or the products or services of any service provider and any entity related to us.

14.3   In addition to our other rights under this 13.2(a), we may give Credit Information about you to a credit reporting agency to:

(a)      obtain a consumer credit report about you; or

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

14.4   In addition to our other rights under this 13.2(a), we may (in accordance with the Privacy Act 1988):

(a)      obtain and use information concerning your commercial activities and commercial credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess your application for the Service (if the application is for consumer credit) or the collect overdue payments;

(b)     obtain or use a consumer credit report about you from a credit reporting agency to assess your application for the Service (if it is for commercial credit) or collect overdue payments; and

(c)      disclose information about you to other credit providers or obtain and use information from other credit providers for the purposes of assessing your application for the Service, your ongoing credit worthiness or the status of any account held by you with us or with any other credit provider.

14.5   We may send a monthly newsletter, Allegro, to you via email each month. It will contain information relating to the Service and may also contain information about Allegro and/or new products and services offered by Allegro that may be of interest or benefit to you. It will not contain any advertising, marketing or promotional material for third party suppliers. As it is one of the principle means by which we tell you about Service related matters, you cannot opt out of receiving it and we will not include a functional unsubscribe message with the email containing it.

14.6   You consent to the collection, use and disclosure of information as set out in this 13.2(a).

14.7   You must keep your username and password secret.  If you are found to have distributed your username and password to other users, your username will be disabled.   In order to overcome it being disabled you will need to resubscribe.   This will incur additional charges.

Section 15.       Transferring your Service or this Agreement

15.1   Your rights under this Agreement belong to you alone. You may not transfer your rights and obligations in respect of the Service or this Agreement without our prior consent. Our consent will not be unreasonably withheld.

15.2   We may transfer or novate any of our rights or obligations under this Agreement to a reputable, credit worthy third party who agrees to be bound by our obligations under this Agreement. We will notify you if this happens.

15.3   At your request, we may change the place at which your Service is provided, if we are able to. You may need to pay a charge for installing your Service at the new address and you may experience some delays as a result of a change of address. We cannot guarantee that we will be able to provide the Service at the new place or take responsibility for any delays.

Section 16.       Taxes

16.1   The charges in the Plan Table may not include all taxes. You must pay us any applicable taxes that we include as part of your invoice for the Service. Applicable taxes may include any stamp and other duties, fees, taxes (including GST) and charges relating to your purchase of any Equipment, this Agreement or the performance of this Agreement, and any other transaction arising out of this Agreement.

16.2   GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST you must pay us an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed

16.3   In this clause 15, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Section 17.       General Terms

17.1   Neither party waives any of its rights under this Agreement merely because it does not exercise them, or there is a delay in our exercising them.

17.2   This Agreement is governed by the laws of the Australian State or Territory in which you are connected to the Service.

17.3   Section 6, Section 7, Section 8, Section 12 and Section 13 survive termination of this Agreement (regardless of any other clauses that may survive termination).

17.4   If we need to notify you of any matters relating to the Agreement we ask, and you agree, that we may use post, fax, or email to the default email address we allocated to you. If we do use email, you will be taken to have received the email if the email leaves our servers, unless we receive evidence to the contrary.

17.5   If you acquire the Service through a Retailer, we ask you to acknowledge that:

(a)      the Retailer may act as our agent for the purposes of receiving a copy of this Agreement signed by you and providing it to us; and that

(b)     the Service is provided by us and not by the Retailer.

Section 18.       Severability

18.1   If any provision of provisions of this Agreement should be held to be invalid, unenforceable, illegal or in conflict with the Laws of any jurisdiction this Agreement should be construed as though the invalid, illegal or unenforceable provision(s) had never been contained herein; unless

18.2   The removal of the aforementioned illegal or unenforceable provisions would materially alter the interpretation of this agreement so as to cause the provision of Services contemplated herein to become unreasonable.       

Section 19.       Broadband Connect and Metro Connect and Australian Broadband Guarantee customers

19.1   If you are acquiring the Service under the Australian Broadband Guarantee, Broadband Connect or Metro Connect Schemes there are additional terms and conditions that apply to you.

19.2   Should case arise that an applicable clause in Section 20, Section 21, Section 22 or Section 23 contradict a clause in Section 1 through to Section 19 then the latter clause shall prevail.

19.3   If your Service is acquired under the Australian Broadband Guarantee then Section 20 is applicable.

19.4   If your Service is acquired under the Metro Broadband Connect program then Section 21 and Section 22 are applicable.

19.5   If your Service is acquired under the Broadband Connect program then Section 21 and Section 23 are applicable.

Section 20.       Australian Broadband Guarantee

20.1   The Australian Broadband Guarantee Program is a Federal Government initiative designed to help deliver broadband Internet access to parts of the country not already serviced by cable, DSL or other equivalent service.

20.2   Allegro Networks agrees to be bound by its agreement with DCITA, and may not change these terms and conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts.

20.3   This contract will operate for a period of 18 months from the date of service commencement, and at the conclusion of the contract the customer has the right to renew the original contract by a further 18 months at a monthly price no greater than the original contracted price.

20.4   The overall price of the Australian Broadband Guarantee Service being provided will not be increased for three years from the commencement of the provision of the service.

20.5   The maximum term of the Australian Broadband Guarantee Service may not exceed 36 months from initial Service commencement.

20.6   The Terms and Conditions that are current at the time the user subscribes will remain in effect for the entire term of the contract.

20.7   You attest that the site for which this service is requested was not able to obtain a Metro-comparable equivalent broadband service from the listed providers on the DCITA Online Service Locator http://bcoms.dcita.gov.au/CAOSL/Welcome.do  at time of signing contract, and, to the best of your knowledge, has not previously had a Australian Broadband Guarantee or Broadband Connect service connected.

20.8   You attest that you are a residential customer, business with 20 permanent employees or less, not for profit organisation with 20 permanent employees or less or a not for profit organisation that intends to provide public access Internet facilities.

20.9   You agree to provide all necessary information to Allegro Networks and provide a truthful attestation so that we can make a Australian Broadband Guarantee claim for this service.

20.10  There is no contract cancellation fee associated with a Australian Broadband Guarantee customer cancelling their contract.

20.11  Australian Broadband Guarantee customers may change their service to a higher or lower plan at any time. Changing plans does not effect the contract end date.

20.12  Australian Broadband Guarantee services are only available to new Australian Broadband Guarantee subscribers. Australian Broadband Guarantee subscribers churning from other providers will not have Australian Broadband Guarantee services made available to them.

20.13  The customer may migrate between Australian Broadband Guarantee services within the technology platform and is always entitled to return to the original Australian Broadband Guarantee Service.

20.14  Allegro Networks commits to the Australian Broadband Guarantee requirement for a free of charge fault reporting service operating 24 hours a day seven days a week by email, facsimile and telephone 1300 85 85 35 from 8am to 8pm Monday to Friday and 9am to 6pm Saturday, Sunday and public holidays.

20.15  We commit to provide a service with average data download and upload speeds of at least 60% of the service’s nominated peak speeds at least 75% of the time as measured according to a prescribed Australian Broadband Guarantee testing schedule.

20.16  We also commit to the service being available at least 99% of the time, averaged over a quarterly period.

20.17  Allegro Networks will make available to the customer tools that will enable them to test the data speed of their service, and an on line means for customers to check their usage on at least a daily basis.

20.18  Allegro Networks commits to the connection of a new service within 7 days of the customer signing the contract.

20.19  In the event of a service outage or fault for which Allegro is responsible, we commit to restoration of the service within 4 working days.

20.20  We commit to provide customers with full information about the service, as required by Australian Broadband Guarantee. Allegro Networks reserves the right to modify these Terms and Conditions at any time.

20.21  These Terms and Conditions were last revised in April 2007.

Section 21.       Broadband Connect and Metro Broadband Connect

21.1   Introduction

(a)      Allegro Networks provide fixed wireless broadband services, ADSL and other related services throughout Australia.

(b)     By subscribing to one of more of these services you accept that you will be bound by these Terms and Conditions.

(c)      For the purposes of these Terms and Conditions the words ‘you’, ‘your’ and ‘customer’ refer to the customer (ie: YOU).

(d)     The words ‘we’, ‘us’ and ‘Allegro Networks’ refer to Allegro Networks Pty Ltd.

(e)      Any word used in a singular context shall apply in the plural context and vice versa.

(f)      If any part of these Terms and Conditions should be deemed illegal or unenforceable by any Court, the affected section shall be considered struck from the Terms and Conditions and the remaining sections shall stand.

(g)     For those customers who are taking advantage of the Broadband Connect funding package or the Metro Broadband Connect funding package the “Broadband Connect Annexure” or “Metro Broadband Connect Annexure” will apply respectively.

(h)      In the event that a conflict arises between the main body of these Terms and Conditions and the Annexure, the  Annexure will prevail.

21.2   Jurisdiction

(a)      These Terms and Conditions and any other form of contract between the Customer and Allegro Networks Pty Ltd shall be governed by the laws of the State of Queensland in the Commonwealth of Australia.

21.3   Quality of Service

(a)      Allegro Networks Pty Ltd makes its best endeavours to provide a high quality, high speed broadband service. To this end, we strive to ensure that our network is available in excess of 99% of the time.

(b)     Network availability is calculated as a 3 month weighted moving average of network reachability. Our Network Management System calculates and reports these statistics.

(c)      Unfortunately, factors outside of our control may affect the performance of your service. This includes but is not limited to failures within network components not under our direct control (issues within the Internet that are upstream from us, failures in your network, failures in any other Carriers' networks), virus attack, loss of line of sight, act of god (lightening strike, fire, flood) or interference.

(d)     In the event that an issue arises that is outside of our control we will endeavour to implement strategies for mitigating its effects on our users. We will not, however, be held responsible for any losses suffered as a result.

(e)      Allegro Networks only guarantee the minimum bit rate stated in the product description for the service that you have selected. Many of our services also have a “Burst” which allows the user to exceed their minimum bit rate for short periods as long as doing so would have no negative impact on other users. No representation is made as to the availability of this burst at any point in time.

(f)      Fault reporting may be made by phone or fax 24 hours a day, 7 days a week. Live help desk is available during normal business hours.

21.4   Contract Term and Contract Termination

(a)      All new Allegro Networks services have a minimum 12 month contract term.

(b)    During this contract term, the prices and service details for your service will not change against your favour.

(c)      In the event that you cancel your contract within this 12 month contract term you will be billed a “cancellation fee”. The cancellation fee is calculated by multiplying the remaining number of months by the minimum monthly commitment.

(d)     If there is less than 6 months remaining on your contract, this amount is then halved.

(e)      Cancellation of contract can be effected by providing us with 30 days written notice.

(f)      We may terminate your service if you are found to have breached any of the provisions of our Terms and Conditions; any law recognised by the Commonwealth of Australia or are using the service in a manner that adversely effects the experience of other users.

(g)     We may terminate your contract if you do willful acts that attempt to circumvent any of our accounting or administrative policies.

21.5   Ownership and Warranty of Hardware

(a)      Ownership of customer premises equipment for Residential and Business grade wireless products lies with the customer.

(b)     Ownership of customer premises equipment for Premium wireless services is retained by Allegro Networks and if the device fails, it will be replaced by us.

(c)      Ownership of customer premises equipment for DSL services lies with the customer.

(d)     Allegro Networks extends the equipment manufacturers’ 12 month warranty to the customer. Warranty does not cover damage caused by customer miss-handling, act of god, incorrect connection of customer premises equipment by the customer.

21.6   Installation and Commissioning

(a)      Standard installation takes 21 days from the date of application.

(b)     Express installation options may be available for some service types at additional cost.

(c)      Installations are generally undertaken during normal office hours.

(d)     Our base installation fee covers a “Standard” installation (The definition of which is outlined in our product summary).

(e)      If our installers determine that an installation is outside a “Standard” installation you will be given a quotation for completion of the installation and an opportunity to accept or reject the quote.

21.7   Invoicing and Payment

(a)      Customer invoices will be sent to your administrative email address (as stated on your application for) and/or primary mailing address. Please ensure that these addresses are kept up to date to ensure that you receive your invoices on time.

(b)     Payments may be made by cash, cheque or major credit card (Visa, Mastercard, Bankcard).

(c)      All residential grade services are COD and as such must be paid using an automatic credit card deduction.

(d)     Business and Premium grade services are invoiced on a 14 day invoice or may be paid using an automatic credit card deduction.

(e)      All installation charges are COD. When your installation is complete, a COD invoice will be generated covering installation and the first month’s access fees.

(f)      We reserve the right not to enable your service until such time as this first payment is received.

(g)     If invoices are not paid we reserve the right to suspend any, or all of your services without warning. If your service is suspended, and you pay using an automatic credit card deduction, no service reactivation fee will apply.

(h)      If your service is suspended and you pay on invoice a disconnection fee of $30 AUD + GST will apply.

(i)       Allegro Networks accepts no responsibility for losses incurred as a result of service suspension due to non payment.

21.8   Notification of Changes

(a)      This Terms and Conditions document may be altered from time to time.

(b)     We will attempt to notify you of major changes by emailing your primary email address. We will post the new Terms and Conditions document to our website at www.allegro.com.au .

(c)      We will assume that if you do not cancel your service within 30 days of changes to the Terms and Conditions, that you have accepted the Terms and Conditions in their new form.

21.9   The SPAM and Privacy Acts

(a)      Allegro Networks respects your privacy.

(b)     We will not release any personal information we may have except as required by the Telecommunications Act 1997. We send you email that is directly related to the operation of your service. This may include but is not limited to service outage information, invoice and accounts information, data usage summaries.

(c)      From time to time, when we have major product announcements that might affect all users (changes to plans etc) we will send you email outlining the nature of these product changes. If you do not wish to receive this promotional literature from us please tell us and we will remove you from our mailing list.

21.10  Assignment of Rights

(a)      Allegro Networks reserves the right to assign any or all of its rights under these terms and conditions without notice.

(b)     You may not assign the rights to your service to any other third party.

(c)      If you wish to transfer your connection you must cancel your service and the new party must arrange for a new account to be created.

(i)       Assuming that no physical reinstallation is required, the new party will not be charged any installation or hardware fees.

(ii)      The new contract will be for the minimum 12 month period.

21.11  Data Consumption

(a)      All of our plans have data charged that travels from us to you ONLY (downstream data). Data that travels from you to us (upstream data) is not included in any data consumption calculations.

(b)     For the purposes of our calculations, 1 Megabyte is 1000000 bytes.

(c)      Premium unlimited services are truly unlimited. Regardless of your consumption we will not limit your access to the network.

(d)     Residential and Business unlimited services are governed by our “reasonable use” policy. Our “reasonable use” policy states that users who abuse the service (abuse is defined as consumption in excess of 20GB per month) may have the speed of their service throttled in order to ensure that other customers access to the service is not adversely effected.

(e)      If you have excess data on your bill, you will be furnished with a “data consumption report” with your invoice. This report shows a daily breakdown of data consumed, and the amount that you have been charged. There are also a number of statistics that are provided purely for information purposes.

(f)      You are responsible for paying for your excess data. Tools will be provided on our website to allow you to keep track of your data consumption.

(g)     Allegro Networks will not be held responsible for users you elect to use a plan that does not meet their needs and who subsequently incur substantial excess data charges.

Section 22.       Metro Broadband Connect Annexure

22.1   The Metro Broadband Connect Program is a Federal Government initiative designed to help deliver broadband Internet access to parts of the country not already serviced by cable, DSL or other equivalent service. 

22.2   Allegro Networks agrees to be bound by its agreement with DCITA, and may not change these terms and conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts.

22.3   In the event of any conflict or inconsistency between any part of our standard form of agreement and this annexure, the requirements in this annexure will take precedence to the extent of any conflict or inconsistency. 

22.4   This contract will operate for a period of 18 months from the date of service commencement, and at the conclusion of the contract the customer has the right to renew the original contract by a further 18 months at a monthly price no greater than the original contracted price.

22.5   The overall price of the Metro Broadband Connect Service being provided will not be increased for three years from the commencement of the provision of the service. The maximum term of the Metro Broadband Connect Service may not exceed 36 months from initial Service commencement.

22.6   The Terms and Conditions that are current at the time the user subscribes will remain in effect for the entire term of the contract.

22.7   You attest that the site for which this service is requested was not able to obtain a DSL consumer broadband service or other Metro Broadband Connect equivalent broadband service from the listed providers on the MBC Online Service Locator as at the 8th of March 2006, and, to the best of your knowledge, has not previously had a Metro Broadband Connect service connected.

22.8   You attest that you are a residential customer, business with 20 permanent employees or less, not for profit organisation with 20 permanent employees or less or a not for profit organisation that intends to provide public access Internet facilities.

22.9   You agree to provide all necessary information to Allegro Networks and provide a truthful attestation so that we can make a Metro Broadband Connect claim for this service.

22.10  There is no contract cancellation fee associated with a Metro Broadband Connect customer cancelling their contract.

22.11  Metro Broadband Connect customers may change their service to a higher or lower plan at any time. 

(a)      Where a customer upgrades their existing Metro Broadband Connect service to a new, higher level of service, the customer will be subject to the Allegro’s terms and conditions, including any additional charges. 

(b)     If the new service is a registered Metro Broadband Connect service, Allegro will provide the service on the registered terms and conditions for that Metro Broadband Connect service.   Allegro will also provide the new Metro Broadband Connect service for the remainder of the three year period that commenced when the Customer’s original Metro Broadband Connect service was connected. 

(c)      If the new service is not a Metro Broadband Connect service, then Allegro has no obligation to provide Metro Broadband Connect terms and conditions in relation to the service.

22.12  Metro Broadband Connect services are only available to new Metro Broadband Connect subscribers.

22.13  Metro Broadband Connect subscribers churning from other providers will not have Metro Broadband Connect services made available to them.

22.14  The customer may migrate between Metro Broadband Connect services within the technology platform and is always entitled to return to the original Metro Broadband Connect Service without penalty.

22.15  Allegro Networks commits to the Metro Broadband Connect requirement for free-of-charge 24/7 fault reporting, and a help desk facility which operates from 8am to 8pm Monday to Friday and 9am to 6pm Saturday, Sunday and public holidays.

22.16  We commit to provide an Internet access service with average data download and upload speeds of at least 60% of the service’s nominated peak speeds at least 75% of the time as measured according to a prescribed Metro Broadband Connect testing schedule.

22.17  We also commit to the service being available at least 99% of the time, averaged over a quarterly period.

22.18  Allegro Networks will make available to the customer tools that will enable them to test the data speed of their service, and an on line means for customers to check their usage on at least a daily basis.

22.19  Allegro Networks commits to the connection of a new service within 7 days of the customer signing the contract.

22.20  In the event of a service outage or fault for which Allegro is responsible, we commit to restoration of the service within 4 days.

22.21  We commit to provide customers with full information about the service, as required by Metro Broadband Connect. 

22.22  Allegro Networks will provide its customers with not less than 30 working days notice of its intention to withdraw itself or a service from Metro Broadband Connect.  In the instance where Allegro Networks withdraws a service but continues to operate as a Metro Broadband Connect provider, we will offer to migrate customers of the withdrawn service to a comparable service being offered, if one is available.

22.23  Allegro Networks reserves the right to modify these Terms and Conditions at any time. These Terms and Conditions were last revised in March 2006.

Section 23.       Broadband Connect Annexure

23.1   The Broadband Connect Program is a Federal Government initiative designed to help deliver broadband Internet access to parts of the country not already serviced by cable or DSL.

23.2   Allegro Networks agrees to be bound by its agreement with DCITA, and may not change these terms and conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts.

23.3   This contract will operate for a period of 18 months from the date of service commencement, and at the conclusion of the contract the customer has the right to renew the original contract by a further 18 months at a monthly price no greater than the original contracted price.

23.4   The overall price of the Broadband Connect Service being provided will not be increased for three years from the commencement of the provision of the service.

23.5   The maximum term of the Broadband Connect Service may not exceed 36 months from initial Service commencement.

23.6   The Terms and Conditions that are current at the time the user subscribes will remain in effect for the entire term of the contract.

23.7   You attest that the site for which this service is requested was not able to obtain a DSL consumer broadband service or other Broadband Connect equivalent broadband service prior to the 8th of April 2004, and, to the best of your knowledge, has not previously had a Broadband Connect service connected.

23.8   You attest that you are a residential customer, business with 20 permanent employees or less, not for profit organisation with 20 permanent employees or less or a not for profit organisation that intends to provide public access Internet facilities.

23.9   You agree to provide all necessary information to Allegro Networks and provide a truthful attestation so that we can make a Broadband Connect claim for this service.

23.10  There is no contract cancellation fee associated with a Broadband Connect customer cancelling their contract.

23.11  Broadband Connect customers may change their service to a higher or lower plan at any time. Changing plans does not effect the contract end date.

23.12  Broadband Connect services are only available to new Broadband Connect subscribers.

23.13  Broadband Connect subscribers churning from other providers will not have Broadband Connect services made available to them.

23.14  The customer may migrate between Broadband Connect services within the technology platform and is always entitled to return to the original Broadband Connect Service.

23.15  Allegro Networks commits to the Broadband Connect requirement for free-of-charge 24/7 fault reporting, and a help desk facility which operates from 8am to 8pm Monday to Friday and 9am to 6pm Saturday, Sunday and public holidays.

23.16  We commit to provide a service with average data download and upload speeds of at least 60% of the service’s nominated peak speeds at least 75% of the time as measured according to a prescribed Broadband Connect testing schedule.

23.17  We also commit to the service being available at least 99% of the time, averaged over a quarterly period.

23.18  Allegro Networks will make available to the customer tools that will enable them to test the data speed of their service, and an on line means for customers to check their usage on at least a daily basis.

23.19  Allegro Networks commits to the connection of a new service within 7 days of the customer signing the contract.

23.20  In the event of a service outage or fault for which Allegro is responsible, we commit to restoration of the service within 2 days.

23.21  We commit to provide customers with full information about the service, as required by Broadband Connect.

23.22  Allegro Networks reserves the right to modify these Terms and Conditions at any time. These Terms and Conditions were last revised in June, 2005.