Standard Form of Agreement – Section B: nbn Home and Business Plans

These Product Specific Terms apply if we supply you with an nbn Home Plan or an nbn Business Plan — an internet service delivered over the nbn network using a TC4 access service.

They apply in addition to Section A (General Terms), Section C (Common Terms) and the policies in Section D. If there is any inconsistency, these Product Specific Terms prevail over Sections A and C to the extent of the inconsistency, and your Critical Information Summary prevails over all of them to the extent it sets out different pricing, inclusions or a different Minimum Term for your plan.

If you have a different Service with us — Enterprise Fibre, Mobile, 4G Backup or Hosted Voice — the terms for that Service are in its own Section B document.

An nbn Home or Business Plan consists of:

(a) a TC4 access service supplied over the nbn network, which we acquire as a wholesale input; and (b) internet access and related services we supply over that access service.

The nbn network is owned and operated by nbn, not by us. The way your Service is delivered depends on the access technology available at your address. We connect Services on:

(c) Fibre to the Premises (FTTP) — fibre optic cable to your building; (d) Fibre to the Building (FTTB) or Fibre to the Node (FTTN) — fibre to a node or building communications room, then existing copper to your premises; (e) Fibre to the Curb (FTTC) — fibre to a pit near your property, then a short copper run; (f) Hybrid Fibre Coaxial (HFC) — fibre and coaxial cable; (g) Fixed Wireless — a radio connection from an nbn tower to an antenna at your premises; and (h) SkyMuster Plus — nbn's satellite service, for premises outside the fixed-line and fixed wireless footprints.

We do not sell the TC4 SkyMuster product. Where satellite is the only option at your address, the Service we offer is SkyMuster Plus.

You do not have a choice of access technology. It is determined by nbn based on your address, and nbn may change the access technology serving your address over time.

Before we accept your order, we (or a Supplier) carry out a Service Qualification for your address to determine whether an nbn broadband Service can be supplied, on what access technology, and at what speeds.

A Service Qualification result is based on information provided by nbn and is indicative only. It is not confirmed until your Service is activated and, for copper-based technologies, until the line has been tested in service.

If, after you order, we or nbn determine that the Service cannot be supplied at your address, or can only be supplied on materially different terms (for example a different access technology, a lower maximum speed, or at additional cost), we will tell you, explain your options, and — if you do not wish to proceed — cancel the order. Where we cancel in these circumstances we will not charge you an early termination Charge, and we will refund anything you have paid in advance for the Service, subject to the If you change your mind before we connect your Service clause in Section A.

Some addresses are not serviceable by nbn at all, or require nbn to carry out construction work at your cost. Where nbn charges a new development charge, an interim satellite charge, or a construction contribution for your address, we will tell you the amount before you commit.

Speeds quoted for a plan are the maximum theoretical line speeds of the underlying nbn access service. They are not speeds we guarantee you will achieve.

For each nbn broadband plan we publish, in your Critical Information Summary and Key Facts Sheet, the typical busy-period download speed we expect you to receive between 7pm and 11pm, in accordance with the Telecommunications (NBN Consumer Information) Industry Standard 2018.

The speed you actually receive at any time depends on factors including:

(a) the access technology at your address, and for FTTN, FTTB and FTTC, the length and condition of the copper line; (b) your in-premises wiring, your modem or router, and your Wi-Fi environment, including interference and distance from the router; (c) the number of devices using your connection at the same time; (d) congestion on shared parts of the nbn network and on our network; (e) the capacity, location and configuration of the website or service you are using; and (f) whether you are connected by Wi-Fi or by cable — a wired connection will usually be faster.

Our Coverage and Service Availability Disclosure (Section D) explains this in more detail, and the Faults and service assurance section of Section C explains what we will do if your Service is not performing as it should.

For FTTN, FTTB and FTTC Services, the maximum speed your line can achieve can only be confirmed once the Service is activated and tested in service.

If, after activation, your line cannot achieve the maximum speed of the plan you selected, we will:

(a) tell you the maximum speed the line can achieve; (b) offer to move you to a plan that matches the speed the line can achieve, and credit or refund the difference in Charges from the start of the Service; (c) raise the matter with nbn where the shortfall appears to be a network fault or a remediable line issue, and keep you informed; and (d) if you would prefer not to continue, allow you to cancel the Service without an early termination Charge.

We cannot compel nbn to remediate a line, and we are not responsible for nbn's decision about whether remediation is technically or commercially feasible. Nothing in this clause limits your rights under the Australian Consumer Law.

How long your connection takes depends on the access technology at your address and the region your premises is in, as well as whether the premises has previously been connected and whether nbn needs to attend.

We order your Service from nbn promptly after your order is accepted and any required Service Qualification is complete. nbn owes us service levels for connections, and those service levels are the practical limit on what we can commit to. They are published: see the Wholesale Broadband Agreement — Service Levels Schedule, nbn® Ethernet Product Module, section 1.1 (Service Levels for End User Connections), available on nbn's website.

As a guide, under nbn's current service levels a standard connection is completed:

(a) within 1 Business Day where the premises is already serviceable and no nbn attendance is required; (b) within approximately 9 to 14 Business Days in urban areas where nbn work or an appointment is required; (c) within approximately 14 to 19 Business Days in major and minor rural areas; and (d) in remote and isolated areas, materially longer — up to approximately 35 to 40 Business Days, depending on the access technology.

The exact timeframe for your address depends on the service class nbn assigns to it, which reflects the technology and the work required. These are nbn's targets, not guarantees, and they run from when nbn acknowledges the order rather than from when you place it.

We will give you the expected timeframe for your address when we accept your order, tell you if it changes, and keep you informed of progress. Where the CSG applies to your Service, the CSG connection timeframes apply and prevail over this clause — see The Customer Service Guarantee clause in Section A.

Some connections require an appointment for an nbn technician to attend your premises to install or activate equipment, including an nbn network termination device, a network connection device, or an external antenna for Fixed Wireless.

Where an appointment is required:

(a) a person aged 18 or over must be present at the premises for the duration of the appointment; (b) you must give safe access as described in the Access to your premises clause in Section A, including access to a power outlet and to any existing telecommunications wiring; and (c) you must obtain any consent required from the owner, body corporate or another interested party before the appointment.

If an appointment is missed, access is not available, or the technician cannot complete the work for a reason within your control, nbn may charge us for the wasted visit and we may pass that Charge on to you as described in the Fees that apply in particular situations clause in Section A. We will tell you the amount before we charge it.

A standard installation covers the work nbn includes in its standard connection. If you ask for non-standard work — for example additional cabling, a specific equipment location, or relocation of nbn equipment — additional Charges may apply, and that work may need to be arranged separately with a registered cabler.

If your premises is in a new development, or in a building where nbn infrastructure has not yet been installed, your connection depends on nbn completing its build at that location. We cannot connect a Service before nbn makes the premises serviceable, and we do not control nbn's build programme or timing.

In these circumstances:

(a) nbn may charge a new development charge or a contribution toward the cost of extending its network, which we will tell you about before you commit and which we may pass on to you; (b) an interim connection may be available on a different access technology (for example satellite), which we will discuss with you; and (c) if the premises does not become serviceable within a reasonable period, you may cancel your order without an early termination Charge.

Work carried out inside a new building to bring cabling to a serviceable state is the responsibility of the builder or property owner, not us.

If you are moving premises, tell us as far in advance as you reasonably can. Moving a Service involves disconnecting the Service at your old address and connecting a new Service at your new address, which requires a fresh Service Qualification.

The access technology, available speeds, plan and Charges at your new address may be different from your current address, and in some cases we may not be able to supply a Service there at all. If we cannot supply a Service at your new address, you may cancel without an early termination Charge.

A relocation Charge may apply as described in the Fees that apply in particular situations clause in Section A, and there may be a period without service between the disconnection and the new connection. Moving premises does not, by itself, end a Minimum Term — your Minimum Term continues at the new address unless we agree otherwise.

All nbn Home and Business Plans include unlimited data. There is no monthly data allowance, no excess data Charge, and we do not shape or slow your Service for reaching a data threshold.

What unlimited means here is what it says: we do not meter your usage against an allowance and we do not bill you for the volume of data you use.

Two things still apply:

(a) the speed you receive is affected by the factors described in Speeds, and what actually affects them, including congestion at busy times — unlimited data is not the same as unlimited speed; and (b) use of the Service must be reasonable and lawful, as described in our Acceptable Use Policy (Section D) and the Fair use and network management section of Section C. That is aimed at conduct that harms the network or other customers, not at heavy but ordinary use.

For the purpose of any usage information we show you, 1,000 MB equals 1 GB and 1,000 GB equals 1 TB.

An nbn broadband Service requires a compatible modem or router. You may:

(a) buy or receive one from us, in which case we will configure it for your Service and it is covered by our Equipment Warranty and Returns Policy (Section D); or (b) use your own equipment, in which case you are responsible for its compatibility, configuration, firmware and security.

Where you use your own equipment, we will give you the connection settings for your Service but we do not warrant that your equipment will work with the Service, and we may not be able to assist with faults caused by it. Some plan features may not work on equipment we have not supplied.

nbn equipment installed at your premises (including a network termination device, network connection device or Fixed Wireless antenna) belongs to nbn. You must not move, modify, tamper with or remove it, and you must give access for nbn to maintain, repair, replace or remove it. Charges may apply if nbn equipment is damaged or removed without authority.

An nbn Service depends on mains power at your premises, and on power to nbn equipment. If there is a power outage at your premises, or a fault affecting power to nbn equipment, your Service will not work — including any telephone service that runs over it and any device that relies on the connection.

This means you will not be able to make calls, including calls to the Triple Zero (000) emergency call service, over your nbn Service during a power outage.

You should keep an alternative means of contacting emergency services, such as a charged mobile phone. If anyone at your premises depends on a working telephone service for medical reasons, read Alarms, autodiallers and medical devices below and our Priority Assistance and Vulnerable Customers Policy (Section D) before you order.

We do not supply battery backup for nbn equipment, and battery backup is not available on most nbn access technologies.

If your premises already has a battery backup unit fitted — for example from an earlier FTTP installation — note that neither we nor nbn provide support, maintenance or replacement batteries for it. Testing it, maintaining it and replacing the battery are your responsibility, and you should not assume it will keep your Service running.

Devices that rely on a traditional phone line — including medical alarms, back-to-base security alarms, autodiallers, monitored fire alarms, lift emergency phones, fax machines and some EFTPOS terminals — may not work over an nbn broadband Service, or may need to be reconfigured or replaced.

Before you order, you must tell us if you have a device of this kind. If you do:

(a) we will tell you what we know about compatibility limitations for your access technology; (b) you should register a medical alarm on nbn's medical alarm register, and register other critical devices where a register is available; and (c) you should confirm compatibility with your device or monitoring provider before your Service is connected — they, not we, can confirm whether a particular device will work.

We are not responsible for the operation of a device of this kind, or for a monitoring service provided by someone else. Remember that none of these devices will work during a power outage on an nbn broadband Service.

You can ask to change your plan or speed tier at any time. We will tell you before we action the change:

(a) when it will take effect — most changes take effect immediately or from the start of your next billing period; (b) any Charge that applies to the change, including any Charge nbn passes on to us for changing your access service; and (c) any effect on your Minimum Term, allowances or promotional pricing.

Moving to a lower speed tier or a smaller plan may mean you lose a benefit tied to your existing plan. Moving to a higher speed tier does not guarantee a higher actual speed, because your line and the factors described in Speeds, and what actually affects them still apply.

We may limit how often you can change plans within a billing period where nbn charges us for each change.

All nbn Home and Business Plans default to a CG-NAT IPv4 address with IPv6. CG-NAT means your Service shares a public IPv4 address with other customers. It is fine for ordinary internet use, but it will not support inbound connections — so if you need to reach a device at your premises from the internet, run a VPN endpoint, or host a service, you will need a static IP address.

Static IP addresses work as follows:

(a) if you are on a Business Plan, or you are an ABN holder on a Fixed Wireless Service, you may request one static IP address free of charge; (b) otherwise, static IP addresses are available on request — see our price list for current pricing; (c) because IPv4 address space is limited and allocations are governed by regional policy, you must make a declaration of your need for a static IP address; and (d) where you request more than one address, you must actively use the additional addresses. We may ask you to demonstrate that, and we may reclaim addresses that are not in use.

Any IP address we allocate is licensed to you for use with your Service only, for as long as we supply that Service. It is not transferable, you acquire no ownership rights in it, and it returns to us when the Service ends. We may change an allocated address where we reasonably need to for network management, security or renumbering reasons, and we will give you reasonable notice where practicable.

An nbn Home or Business Plan is delivered over shared, contended infrastructure. If you need dedicated, symmetrical capacity with business-grade service levels, that is a different product — Enterprise Fibre, delivered over nbn Enterprise Ethernet or Telstra Wholesale Ethernet Access.

Enterprise Fibre has its own terms in Section B, including a contract term of 12, 24 or 36 months and a different approach to quoting, building and early termination. If you are considering it, read those terms before you commit — particularly the early termination provisions, which work differently from every other Service we sell.

Talk to us and we will tell you honestly which product suits your site.