Riverland Internet ADSL - Addendum to the Standard Terms & Conditions
This document refers to the Broadband ADSL service provided by Riverland Internet (hereafter referred to as "Riverland”).
Use of Riverland's ADSL service is subject to the standard (full) Riverland Terms and Conditions as well as the terms and conditions contained herein. Where there is any inconsistency, these additional terms and conditions override the standard Riverland Terms and Conditions. The standard Riverland terms and conditions are revised from time to time – users should check the Riverland web site at http://www.riverland.net.au for the latest version, or contact their nearest Riverland office to request a current copy.
By applying for the ADSL Service and if accepted by Riverland, the end-user (hereafter referred to as “you”) is entitled to access the Internet via the Service provided by Riverland and you agree to be bound by the Riverland terms and conditions including the acceptable use policy. Riverland does not warrant that your access to the Internet will be uninterrupted or error free.
1. Provision of Service
1.1 The ADSL service provided by Riverland is an end to end service connecting a suitable Telstra analog copper service, via ADSL protocols, to Riverland, and thereby to the Internet.
1.2 ADSL is only available as an overlay on an existing, operational, telephone service using the Telstra copper local loop. ADSL services will be terminated if the telephone service on the same physical line is terminated for any reason.
1.3 The setup and monthly recurring charges are for the provision of the access and the data. They do not include hardware, or costs for hardware, related to the purchase, maintenance, repair, or insurance, of ADSL termination equipment on the customer's site. Such equipment is purchased, maintained and operated by you, and remains your property beyond the termination of any Internet access agreement with Riverland.
1.4 You may only connect ADSL equipment to the Telstra line used for the service under the following conditions:
1.4.1 The equipment to be connected is approved for connection to the network, and specifically is listed on Riverland's ADSL products web page at the time that the service is ordered.
1.4.2 All telephony equipment on your line at the same time as the ADSL device will be isolated from ADSL interference by installation of an ADSL line filter or splitter.
1.5 Any transmission speeds referred to by Riverland for ADSL services refer to the maximum theoretical throughput speed achievable with the service under ideal conditions. You acknowledge that the actual achieved speeds may be lower than the theoretical speeds for a variety of reasons. These reasons include, but are not limited to:
1.5.1 Telstra network congestion;
1.5.2 Telstra line interference;
1.5.3 Internet congestion;
1.5.4 Errors in configuration of customer equipment;
1.6 The service may be unavailable on some Telstra lines due to the presence of 'technology blockers' such as matching transformers or 'pair gain' systems. Services may be unavailable on such lines.
1.7 At Telstra’s discretion, the service may be withdrawn (by Telstra) due to 'network modernisation' which may lead to the removal of a continuous copper path between the exchange DSL access equipment and your premises.
1.8 Certain additional Telstra services active on the telephone line may preclude the installation or operation of ADSL until or unless those services are removed from the line.
1.9 Telstra may withdraw the service without explanation upon the delivery of three months notice to Riverland, and in such circumstances Riverland may need to cancel the ADSL service.
2 Indemnity
2.1 Tools provided by Riverland and used to indicate service availability are a guide only and must not be relied upon as a commitment to provide service to a particular physical location.
2.2 Due to limitations placed upon Riverland by Telstra, the service is not guaranteed to work, and there is no timeframe guarantee for the restoration of a service should it fail.
2.3 Other limitations and conditions placed upon Riverland by Telstra require that you acknowledge that Riverland can only supply ADSL services over what Telstra define as a "Qualified Pair", where Telstra supplies operational standard telephone services over the same Qualified Pair, and accordingly:
2.3.1 You warrant to Riverland that you as the End User to whom Riverland provides services using an ADSL service over a Qualified Pair are the same End User to whom Telstra supplies a standard telephone service using that Qualified Pair;
2.3.2 Riverland will only provide the ADSL service to you for so long as you continue to acquire that standard telephone service from Telstra using that Qualified Pair;
2.3.3 Where you cease to acquire a standard telephone service from Telstra using that Qualified Pair, Riverland has the right to terminate the provision of the ADSL services over that Qualified Pair.
2.4 Telstra imposes the following limitations upon the service in its contractual arrangement with Riverland and its agents and requires us to impose these limitations upon its customers. You release and indemnify both Telstra and Riverland from all liability (including third party claims) arising from the following (to the extent that the liability is caused by the provision or cancellation of an ADSL service):
2.4.1 Disruption in the delivery of telephone services;
2.4.2 Cancellation of the ADSL service for any reason;
2.4.3 Suspension of the provision of the service to particular Internet Protocol (IP) addresses;
2.4.4 Cancellation of, of refusal by Telstra to provide, services deemed by Telstra to be incompatible with the provision of ADSL on the analog line;
2.4.5 Possible breaches of the Telecommunications (Customer Service Guarantee) Standard in respect to these issues.
3 Your Obligations
3.1 You agree that you will not interfere with normal operation of the service or any facility, or make either unsafe;
3.2 You will allow Telstra or Riverland (as applicable) safe access to the customer premises if required in order to inspect or test a facility that may be causing interference or danger, and as required by Telstra or Riverland (as applicable) in connection with the provision, maintenance and repair of the service or any related facility.
3.3 You will ensure that Telstra or Riverland (as applicable) is provided with sufficient and timely access to the customer premises to enable Telstra or Riverland (as applicable) to provide the service.
3.4 You will permit Telstra or Riverland (as applicable) to modify any Facility or Telstra Equipment to avoid danger if requested by Telstra or Riverland (as applicable).
3.5 You acknowledge that the installation of an ADSL service may cause temporary disruption in your standard telephone services.
3.6 You acknowledge that the prior existence of, or the subsequent installation of a monitoring service may cause temporary disruption in your an ADSL service.
3.6.1 You further acknowledge that the installation of equipment such as central splitters and network termination devices may be required in such circumstances and that the cost if such devices and their installation will rest with you.
3.7 You acknowledge that the availability or performance of the service and components of the service may vary, and an individual service may not be provided, depending on the available capacity of, the geographic location and technical capability of, or other technical matters affecting, the relevant Telstra networks at the time at which a request for service is made or the time at which a service is delivered.
3.8 If you do not own control or have access to the premises in which the service is delivered, you must:
3.8.1 Procure for Telstra or Riverland (as applicable) all such access to the premises as may be required by Telstra or Riverland (as applicable).
3.8.2 Indemnify Telstra or Riverland (as applicable) against a claim by the owner or occupier of the service premises, or any other person, in relation to Telstra's or Riverland's (as applicable) entry onto those premises.
3.9 You will direct all service and performance queries related to the service to Riverland, and not to Telstra. Calls regarding the ADSL service made to Telstra will incur a $55 penalty charge from Telstra to Riverland, which Riverland shall pass on to you and which you agree to pay.
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