Riverland Internet Mobile Broadband Service Terms and conditions

1. Service Description
    1.1 Overview
The Riverland Internet Mobile Broadband Service (to be referred to in this Schedule as “the Service”) allows the End User to access the Internet and related data services from their personal computer or laptop via a wireless connection in areas covered by the Optus 3G/HSDA or GSM Network.
The Mobile Broadband product is available via a USB device or other such hardware that we may offer from time to time, which must be ordered directly from Riverland Internet. The USB device will automatically load Optus Software onto a laptop or personal computer once installed for instant connectivity.
Our standard Mobile Broadband terms and conditions apply to all plans, except where special or additional terms and conditions are stated for specific plans in writing and these special terms and conditions conflict with our standard terms and conditions. In these circumstances, the special terms and conditions will apply to those specified plans over and above the standard terms and conditions but not exclude the standard terms and conditions.
    1.2 SIM Cards
SIM Cards must be purchased directly through Riverland Internet and are only permitted to be used inside the USB device or other hardware supplied by Riverland Internet.
The SIM cards are only activated for data usage, voice access is barred.
    1.3 Optus Software
Optus and Riverland Internet do not make any warranty or representation regarding the performance of the Optus Software as it operates on the End Users computer. The customer agrees to not make a claim against Riverland Internet or make any claim against Optus in respect of the Optus Software or its performance.
The Optus Software may not be compatible with some operating systems, including versions of operating systems older than Microsoft Windows XP SP2 and Macintosh OS 10.4 operating systems. 64 bit editions of Windows may also be incompatible with the service. Customers must not disassemble, decompile or reverse engineer any software provided by Optus in relation to the Mobile Broadband Service.
    1.4 Coverage
The Mobile Broadband Service is only available in areas covered by the Optus Mobile Network. In areas that the Service is available, Riverland Internet does not warrant that:
        (a) the Service is available in each place within an area where there is coverage;
        (b) drop outs will not occur;
        (c) there will be no delays in transferring data when switching between bearer networks; and
        (d) there will be no congestion on the Optus Network. The coverage area of the 3G/HSDPA Network is not equal to the coverage area of the GSM Network.
    1.5 Data Transfer speeds and Network Handover
    a. Data Transfer Speeds
The speed of data transmitted using the Service will vary depending on the following factors;
        (a) the Service is available in each place within an area where there is coverage;
        (b) the number of users sharing the Optus Network;
        (c) the computer hardware and software used by the End User;
        (d) general activity on the Internet; and
        (e) speed and capacity of the server being accessed.
The maximum theoretical download speeds on 3G/HSDPA network are up to 3.6Mbps. Based on the Optus network testing, an End User can expect speeds between 500kbps and 1.5Mbps, actual speeds may be slower.
    b. Network Handover
The Mobile Broadband devices and Optus software automatically conduct a handover between the 3G/HSDPA network and Optus GSM Network, maintaining an End User’s connection during data transfers. They monitor network availability and connect to one of the two network types in the following order:
        (i) Optus 3G/HSDPA network; and
        (ii) Optus GSM Network.
If the network the End User is connected to becomes congested and there is no other network available that End Users connection may drop out. If there is congestion and the End User moves locations, the USB device and software will determine if it is possible to select the other network according to the hierarchy above.
The End User may choose to override the automatic operation of the Optus Software and choose one of the two networks to operate the Service.
During the handover between networks there may be a short period of time (up to 20 seconds) during which data does not transfer.

    1.6 Support
Riverland Internet Help Desk with business hours 8.30 – 5.00 weekdays (except public holidays) are available for billing inquiries, customer support, fault logging, tracking and facilitation of resolution for mobile broadband issues. Additional, limited support is available outside of business hours, such as evenings and weekends, via email to info@riverland.net.au
Riverland Internet offer unparalleled, friendly, local customer support and will endeavour to help customers with all enquiries where ever possible.
Riverland Internet staff reserve the right to terminate any support call or conversation where the customer becomes abusive, offensive, or threatening towards Riverland Internet staff. Where a customer is frequently abusive, offensive or threatening to Riverland Internet staff, Riverland Internet reserves the right to terminate that customer's service and refuse to provide any future services to that customer.
Only SIM cards supplied by Riverland Internet are valid on the Riverland Internet mobile broadband plans (via the Optus network). Riverland Internet does not support any 3rd party SIM, software or hardware.

2. Charges
    2.1 Charges
The prices paid by You for the Mobile Network Services will be the Charges listed on the Mobile Broadband Pricing Schedule on Riverland Internet's website. At: www.riverland.net.au and are payable in advance or within the terms otherwise stated on that page. Pricing is subject to change, changes will be updated on the Mobile Broadband Pricing Schedule and become effective 7 days after the posted update, or at the conclusion of any existing contract.

    2.2 Basis of Charge
Unless otherwise stated all Data Charges:
    (a) are measured and charged in Megabytes (MB) (1 Gigabyte (GB) = 1024 MB);
    (b) are charged additionally for data used above the included data allotment;
    (c) are in Australian Dollars;
    (d) are quoted in cents inclusive of GST;

    2.3 Responsibility for calculation of charges and invoicing
Riverland Internet shall be responsible for the calculation of all Charges payable by You, based on information and charges applied to Riverland Internet by our supplier/s in relation to your services.

    2.4 Pricing Principles
    (a) Unless specifically agreed in writing that Riverland Internet shall provide a particular service for free, then Riverland Internet shall be entitled to charge You for the use of any Mobile Network Services, Operator Services and Directory Assistance Services which You use via our provided SIM card or service.
    (b) If You request Riverland Internet to undertake any work on Your behalf or for Your benefit (including but not limited to activities required to establish the operation of any of Your property on a Supplier’s Mobile Digital Network) then Riverland Internet shall be entitled to:
    (I) use Riverland Internet personnel or resources to complete such work and recover from You the cost to Riverland Internet of completing such work; and
    (ii)engage a qualified contractor to complete the work and recover the costs charged by that contractor.

    2.5 GST
All charges set out in the Mobile Broadband Pricing Schedule or any other Riverland Internet pricing schedule, are inclusive of any applicable GST. The amount of GST payable by the Customer to Riverland Internet for the Service and associated work will be calculated in accordance with tax law and included in invoices, which sets out the Charges payable by the Customer to Riverland Internet for the supply of Services and associated work.

2.6 Plan Fees and Charges
    2.6.1. 24 Month Contract Plans
Customers that sign up for a 24 month contract plan will receive free or discounted hardware, conditions apply to this deal, as set out below.
For all 24 month contracts that include free or discounted hardware, the hardware will be ordered and shipped directly to the customer's mailing address. NO pickup available.
Shipping Fees will be invoiced per order and are not refundable or discountable.
Early termination fees are incurred if the plan is cancelled before the contract ends. For full pricing see the Mobile Broadband Pricing Schedule at www.riverland.net.au
PPlan contract is minimum 24 months per active service on these plans.
    2.6.2 12 Month Contract Plans
Customers that sign up for a 12 month contract plan will receive discounted hardware, conditions apply to this deal, as set out below.
For all 12 month contracts that include discounted hardware, the hardware will be purchased from Riverland Internet's office in Renmark, or posted to the customer from Riverland Internet's office in Renmark upon request by the customer.
Shipping Fees are not refundable or discountable.
Early termination fees are incurred if the plan is cancelled before the contract ends. For full pricing see the Mobile Broadband Pricing Schedule at www.riverland.net.au
PPlan contract is minimum 12 months per active service on these plans.
    2.6.3. 6 Month Contract Plans
Customers that sign up for a 6 month contract plan will pay full price for all hardware. Conditions for 6 month contracts are as follows.
For all 6 month contracts the hardware will be purchased from Riverland Internet's office in Renmark, or posted to the customer from Riverland Internet's office in Renmark upon request by the customer.
Shipping Fees are not refundable or discountable.
Early termination fees are incurred if the plan is cancelled before the contract ends. For full pricing see the Mobile Broadband Pricing Schedule at www.riverland.net.au
PPlan contract is minimum 6 months per active service on these plans.
    2.6.4 Zero Month Contract Plan
Customers that sign up for a zero month contract plan will pay full price for all hardware.
Conditions for zero month contracts are as follows.
For all zero month contracts the hardware will be purchased from Riverland Internet's office in Renmark, or posted to the customer from Riverland Internet's office in Renmark upon request by the customer.
Shipping Fees are not refundable or discountable.
Early termination fees DO NOT apply, the plan may be cancelled at any time. For full pricing see the Mobile Broadband Pricing Schedule at www.riverland.net.au
There is no minimum months access per active service on these plans.
Zero month contract plans are charged a base monthly access fee PLUS a fee for every Megabyte of data used (both download and upload data are charged).
There is no limit to the amount of data that a customer may use on a zero month contract plan, it is up to the customer to keep track of their data usage to avoid “bill shock” from overuse of the service.
ZZero month contract plans are ONLY recommended for low usage customers who don't want to pay higher monthly fees for unused months. Riverland Internet ONLY recommend this plan for those customers such as dialup customers that only access the Internet a few times a month to check email or for light Internet use, but would like a faster and more convenient connection than dialup.
    2.6.5 Plan Changes
Customers can request an MBB plan change using our “Changes” form, an MBB plan can be upgraded to a higher value plan, but cannot be downgraded to a lower value plan. A plan downgrade can only be achieved by cancelling any existing plan and re-applying for a new, lower value plan.

    2.7 Terms and Conditions
        1. Riverland Internet has first and last right of refusal on pricing at the conclusion of the initial contract term (and/or at such other times as set out in any pricing schedules).
        2. The contract between Riverland Internet and the customer may be subject to credit approval which may include obtaining information such as credit worthiness from a credit reporting agency.
        3. Pricing is valid for prices quoted on the Mobile Broadband Pricing Schedule. For up-to-date accurate pricing please check our website at www.riverland.net.au
        4. Riverland Internet may refuse to provide services where the customer is in default of its payment obligations.
     2.7.1 Important Information
Early termination fees are incurred if the plan is cancelled before the contract ends. For full pricing see the Mobile Broadband Pricing Schedule at www.riverland.net.au
Riverland Internet Wireless Broadband plans may only be used for data and SMS usage. SMS usage is not included in the data inclusions and is charged separately per SMS sent.
This offer excludes services including Voice Calls, International voice calls, Voicemail, premium and Third Party SMS, MMS, International MMS, 1300, 1900 and all other services are barred from this service.
SSubject to your rights under the Trade Practices Act, Riverland Internet does not make any warranty regarding the software or data provided to you as it operates on your computer and interacts with your other applications.
    2.7.2 Software Requirements
You must have Microsoft Windows 2000, Windows XP, or Microsoft Vista operating systems to connect to the service. There is Limited Macintosh OS support. Riverland Internet will only provide support of USB Modems or hardware which are supplied by Riverland Internet - please refer to our Mobile Broadband Pricing Schedule at www.riverland.net.au for current products available.
    2.7.3 Data Usage
Data usage will be calculated as a combined total of uploads and downloads in Kilobytes (KB) and calculated on a calendar month. For all purposes 1Megabyte (MB) = 1,024 Kilobytes (KB). Usage charges will apply when Riverland Internet Mobile Broadband is transferring data over the GSM, 3G/HSDPA Networks or other roaming partners as advised by Riverland Internet from time to time. If you exceed your data plan monthly included usage allowance for Riverland Internet Wireless Broadband service in any given billing period and your data is not capped, an excess usage rate per MB will apply, except for the MBB-m2m plan where all data is charged per MB. Unused data allowance in any month cannot be rolled into subsequent months.
    2.7.4 Hardware
Riverland Internet will only provide support of USB Modems or other devices which are supplied by Riverland Internet - please refer to our Mobile Broadband Pricing Schedule at www.riverland.net.au for current products available including costs and shipping.
    2.7.5 Roaming
Roaming is not available in all countries or in all areas of those countries. Information on where roaming is available can be obtained from the Optus website: www.optus.com.au
SSome approved Roamer USB Devices only operate in connection with the networks of certain countries (for example North America uses different network technology and only certain approved PC Data Cards or Roamer USB Devices operate on that network). Riverland Internet recommend buying a local pre-paid service within the country you're visiting when you are outside of Australia, as “Roaming” services are often very expensive and are not included in the cost of your plan.

    2.8 Price Review (General)
        (a) Riverland Internet will periodically review and adjust the Charges for Mobile Broadband Services. Prices are subject to change without notice and will be updated on the Mobile Broadband Pricing Schedule at www.riverland.net.au 7 days before taking effect.
        (b) Customers still within contract at the time of any price change will retain their original contract plan pricing until the existing contract expires.
        (c) A review will not necessarily result in a price change and any price change will not necessarily be a reduction in price.
        (d) Where any third party, whether in Australia or elsewhere, levies a new charge on Riverland Internet for a service which forms part of the Mobile Network Services (including without limitation Access and Roaming Services), then Riverland Internet will add that charge to the relevant Charge. The revised Charge will apply thereafter. For the avoidance of doubt this provision would apply to the imposition of a charge on roaming or SMS messages delivered to an international destination by a carrier carrying or terminating such a message or service.

    3. Additional Terms and Conditions
Additional terms and conditions are available on our website under the heading of Terms and Conditions - General. Other terms and conditions that apply to the Mobile Broadband Service include the Mobile Broadband Pricing Schedule, Riverland Internet Payment and Hardship Policies, the Mobile Broadband Service Guarantee and the application for Mobile broadband Service form, these are all available on our website at www.riverland.net.au
WWhere there is any conflict of terms and conditions on different documents, the terms and conditions within this Mobile Broadband Service Schedule will take precedence over any other document, except where special terms and conditions apply to a specific special offer or Mobile Broadband Plan and these special conditions are displayed on the information sheet or application form for the said special offer or plan.

    3.1 Definitions and Interpretation
In this Service Schedule the following definitions apply unless the context requires otherwise.
3G/HSDPA means wideband CDMA which operates at a higher frequency that the digital GSM cellular mobile network and GPRS networks to transmit voice and data services.
3G/HSDPA Network means the Optus 3G Network, used to transmit 3G services (including
HSDPA).
Access Service means a service offered by Riverland Internet (pursuant to arrangements between Riverland Internet and its Related Bodies Corporate and third parties, including without limitation a Supplier) to provide You with access to a Mobile Digital Network.
Customer means the person or organisation defined as the signatory party listed ion the contract for Mobile Broadband Services provided by Riverland Internet.
Data Allowance means the amount of maximum data usage that can be used in a billing month as set out in the Mobile Broadband Rate Plan. Data allowance is measured in Megabytes (MB) (1 Gigabyte (GB) = 1024 MB).
Data Usage means the amount of data that you have uploaded and downloaded in a given billing month. Data usage is measured in MB.
Device means a wireless modem (such as a USB modem or 3G PC Data Card) which is used to access the Optus 3G Network.
End User in this Service Schedule means either a person who is not a Reseller and who acquires the Service to the extent that it users the Service itself.
GPRS means General Packet Radio Services, packet-based wireless communication services made possible by an enhancement to the GSM communications system.
GSM means the Global System for Mobile communications system, operating in the 900 and 1800 MHz radio- frequency spectrum band and GSM Services are services delivered using this system.
MNP means Microcom Networking Protocol.
Mobile Digital Network means a telecommunications network that supplies Public Mobile
Telecommunications Services by way of GSM Services and includes such a network also capable of providing data services such as GPRS.
MMobile Network Services means the services to be supplied by Riverland Internet to You under this Agreement, comprising:
        (a) Network Capacity;
        (b) Access Services; and
        (c) Roaming Services,
using a Supplier’s Mobile Digital Network, together with any associated services and capabilities as agreed between the parties including (but not limited to) Directory Assistance and Operator Services.
MSISDN means Mobile Station International ISDN Number.
Network Capacity means basic circuit-switched and packet-based capacity on an end-to-end basis.
Optus Software means the software supplied to Riverland Internet for the primary use of the Mobile Broadband Plans supplied by Riverland Internet which includes the software that the End User needs to install to use the service.
Roaming Service means a service offered by Riverland Internet (pursuant to arrangements between Riverland Internet and its Related Bodies Corporate and third parties, including without limitation a Supplier) which permits end-users to use their devices on networks other than a Supplier Mobile Digital Network.
Service Commencement Date means the service commencement date specified on the Service Contract between the customer and Riverland Internet.
SIM means Subscriber Identity Module, a removable card or module which when inserted into the device give access to the service.
SMS means Short Message Service, a text message service that enables short text messages to be sent and received by a Device.
Supplier means any third party with which Riverland Internet or its Related Bodies Corporate has arrangements for the acquisition and utilisation of the Mobile Network Services supplied to You under this Agreement.
URL means uniform resource locator.
IIn this Schedule unless the context requires otherwise, capitalised terms that are not defined in this Agreement have the meaning given in the Telecommunications Act 1997 (Cth).

    3.2 Duties of Riverland Internet
        (a) Supply of Mobile Broadband Services
            (i) Riverland Internet may use it's Supplier’s Mobile 3G Digital Network to provide the Mobile Network Services, or the Mobile 3G Digital Network or Networks of another Carrier or Carriers as Riverland Internet determines from time to time.
            (ii) You acknowledge that Riverland Internet may vary the Mobile Broadband Services supplied to You under this Agreement, including without limitation because of a change to the arrangements between Riverland Internet and its Related Bodies Corporate, a Supplier or other third party. Riverland Internet may do so without prior reference to You, but Riverland Internet must provide You with notice of such change as soon as reasonably practicable via our website at www.riverland.net.au
            (iii) You further acknowledge that Riverland Internet may also change the terms or conditions on which it provides the Mobile Broadband Services, other than the Charges, without prior reference to You, including without limitation as a result of any change to the arrangements between Riverland Internet and its Related Bodies Corporate, a Supplier or other third party. Riverland Internet must provide You with information of any such change as soon as reasonably practicable by updating the Mobile Broadband page on our website at www.riverland.net.au
            (iv) Without prior reference to You, Riverland Internet may lower the Charges (or any component of the Charges) at any time and will notify You of the effective date of any such decrease by updating the Mobile Broadband page on our website at www.riverland.net.au Riverland Internet may also increase the Charges (or any component of the Charges), at any time and will notify You of the effective date of any such decrease by updating the Mobile Broadband page on our website at www.riverland.net.au
            (v) Riverland Internet may provide You with information in writing via email if any changes, including the above changes occur and as a result, potentially and significantly alter the conditions of your original contract with us. In the event that this happens, You may have the option to cancel your contract without penalty within 42 days of the email notice being provided to you. Information on whether this option applies to you and how to cancel or alter your contract will be included in this email notice if applicable.
        (b) Directory Assistance and Operator Services
            (i) You acknowledge that Riverland Internet may facilitate the supply of Directory Assistance Services and Operator Services to You by a third party, including, without limitation, a Supplier. You must pay all relevant fees or charges associated with this assistance, over and above your normal monthly fees and charges, if You use these services.

    3.3 Mobile Broadband Service Guarantees.
Riverland Internet has a two part "Service Guarantee" across new Mobile Broadband Plans.
FFor details on the Mobile Broadband Service Guarantee, please see the full document on our website at www.riverland.net.au. The current Mobile broadband Service Guarantee is valid until 30th September 2011 and is subject to change without notice after that date. Free or discounted hardware on 24 month contracts must be retuned before cancellation under the guarantee. Hardware that was paid for on 6 or 12 month contracts remain the property of the customer.
        3.3.1 30 Day Guarantee
Where a new service is provisioned with a Service Qualification (SQ) Result of “Green / Green”, Riverland Internet will allow the end user the opportunity to break contract without penalty, if the service at their provisioned address deteriorates to inferior or unworkable condition within the first 30 days.
        3.3.2 Mobile Broadband Service Guarantee for life
The Mobile Broadband Service Guarantee for Life applies beyond the initial 30 day Guarantee, and will mean that if an end user’s service at their provisioned address passed SQ at the time of ordering, but deteriorates to inferior or unworkable condition during their contract term, and the carrier has marked the area as Red/Red or “no sell”, Riverland Internet will permit the contract to be broken without penalty.

    3.4 Your acknowledgements and Obligations
You must comply with the relevant laws in using the Service and any acceptable use policy issued by Riverland Internet in respect of service providers.
YYou acknowledge that:
        (a) the Service relies for its operation on services supplied by Suppliers and other third parties, who are not controlled or authorised by Riverland Internet;
        (b) the Service is not intended to be used for mission critical applications or purposes specific to business requirements;
        (c) Riverland Internet does not exercise any control over, authorise or make any warranty regarding any charges which a third party may impose on you in connection with the use of the Service, such as a charge for premium rate services;
        (d) Riverland Internet is not obliged to;
            (I) Monitor use of the Service or an Individual Service;
            (ii) Ensure End Users do not exceed any monthly download or upload limits or excessively use their Individual Service; or
            (iii) Suspend or configure an Individual Service if any of the events specified in this Schedule occur, and whether or not Riverland Internet does so, you remain liable for the use of the Service.
        (e) You will provide to Riverland Internet in a format specified by Riverland Internet fully and accurately completed and executed forms for activations, cancellations or alterations of the service.
        (f) You will pay to Riverland Internet all monies owed within the specified time of any invoice, as per the Mobile Broadband Pricing Schedule and other payment terms and conditions available to view within the pages of Riverland Internet's website at www.riverland.net.au

    3.5 Payment terms
        a. Unless Riverland Internet agrees otherwise in writing, You must pay the Charges set out in Riverland Internet’s invoice within the specified time as set out in our standard payments terms and conditions available at www.riverland.net.au and any other payment terms and conditions listed in the Mobile Broadband Pricing Schedule.
        b. If You fail to pay Riverland Internet the Charges within the specified period, You will be charged a late payment fee and face possible suspension and/or termination of your services.
        c. Services suspended for non payment will still be liable for all normal fees and charges that continue to accrue on the account, including monthly contract charges.
        d. Accounts that are terminated for non payment will incur any Early termination fees or charges that would apply to any cancellation of the specific plan and contract that was held by the customer before such termination.

    3.6 Additional termination rights
Riverland Internet’s rights to terminate under the Riverland Internet Terms and conditions. Riverland Internet may terminate the Agreement at any time with immediate effect if:
        (a) You breach any part of the contract signed by you with Riverland Internet. Or breach any of the terms and conditions set out within this document or within any other terms and conditions available to you on the Riverland Internet website at www.riverland.net.au
        (b) Upon any breach by the subscriber of any law, civil or criminal, relating to or connected with the use or involvement of the Service and where that breach becomes known to us by any reliable source, including but not limited to: One of our suppliers or other Service provider; An Australian law enforcement agency; A foreign law enforcement agency.
        (c) Upon any invoice remaining unpaid beyond the due date and after any warning notices and account suspension has been enacted without result. This clause is subject to the Riverland Internet Hardship Policy.
        (d) Where a customer is frequently abusive, offensive or threatening to Riverland Internet staff, Riverland Internet reserves the right to terminate that customer's service and refuse to provide any future services to that customer.

4. Declaration
You agree that by signing a contract with Riverland Internet for the provision of a Mobile Broadband Service, you are bound by ALL of the terms and conditions herein and on the webpages at www.riverland.net.au and are in agreement with the above schedule.

    4.1 Severance
You agree that where any section or subsection of any of our terms and conditions are found to be unlawful or for any other reason unenforceable, those parts of the terms and conditions will be severed from the rest of the terms and conditions without nullifying or otherwise affecting the rest of the terms and conditions, including all documents that form a part of the terms and conditions for the particular service..

    4.2 Jurisdiction
This Agreement is governed by the laws in force in the State of South Australia and all parties agree to submit to the jurisdiction of this State.