Standard Form of Agreement

Fear Enterprises Pty Ltd (ABN 91 635 762 711), trading as Digital Soul Australia, is referred to as "we", "us" or "Digital Soul". The customer is referred to as "you".

Important things to know before you order

• This agreement covers internet services supplied over Digital Soul's own fixed wireless network (DSA fixed wireless). It does not cover services we supply over the nbn network, which have their own agreement.
• The service is internet only. It cannot make voice calls, including calls to Triple Zero (000 or 112). Keep a mobile phone or another way to reach emergency services.
• The service stops in a power outage unless you have suitable backup power. Priority Assistance is not available. If someone at the premises may need it, use a provider that offers it.
• Plans are month to month unless you choose a 12, 24 or 36 month term. A fixed term reduces your installation fee. If you leave a fixed term early, the early termination charge is capped as set out in clause 10.4 and your CIS states the maximum.
• Your fixed term and recurring billing start only when the service is activated. Anything paid before then is a refundable installation payment or booking deposit.
• On a month to month plan you can cancel at any time with no cancellation fee.
• Speeds are best efforts and vary with distance from the tower, terrain and network load. We confirm the typical speeds available at your address before you sign.
• The outdoor antenna we install stays our property. A router you buy from us is yours.
• Your CIS has the price, inclusions, installation fee, minimum total cost and maximum early termination charge for your plan. Read it with this agreement.

1. About this agreement

1.1 This is our Standard Form of Agreement for fixed wireless broadband services supplied to consumers and Small Business Customers. Your agreement with us is made up of: (a) these terms; (b) the Critical Information Summary (CIS) for your plan; (c) your application and written Order Confirmation; and (d) our Acceptable Use Policy.

1.2 If there is an inconsistency, the CIS for your plan prevails over these terms for pricing and inclusions, and these terms prevail over the Acceptable Use Policy. Our Privacy Policy, Financial Hardship Policy, Domestic, Family and Sexual Violence Statement and Complaints Handling Process, each published on our website, explain how we handle those matters but do not exclude or reduce any right or obligation under this agreement or law.

1.3 Nothing in this agreement excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.

1.4 This agreement applies to consumers and Small Business Customers. Where a clause applies only to one, it says so.

2. The service

2.1 The service is a fixed wireless broadband internet service delivered from our tower network to a professionally installed antenna at your premises. It is a data-only service.

2.2 The service does not include voice calling and cannot be used to call emergency services (Triple Zero 000 or 112) at any time. You must keep another means of contacting emergency services, such as a mobile phone.

2.3 The service will not work during a power outage at your premises unless you have backup power. Priority Assistance is not available on this service. If you or someone at your premises may require Priority Assistance for a life-threatening medical condition, you will need a voice service from a provider that offers Priority Assistance.

2.4 The service is a best-effort broadband service. Speeds vary with your distance from the tower, terrain, network load, your equipment and your in-premises setup. Upload speeds are lower than download speeds. We confirm the typical speeds available at your address before you sign, and we do not guarantee any particular speed unless your plan expressly states a committed rate. Availability and fault response or repair times are not guaranteed unless we expressly say otherwise, and the Customer Service Guarantee does not apply to broadband. Mandatory statutory remedies and any express service remedy in this agreement or your CIS continue to apply; an outage credit or other remedy is not wholly discretionary where the Australian Consumer Law or another law requires it.

2.5 Information we give you about service qualification, the speeds available at your address and installation requirements is based on our desktop study and, where carried out, our site survey. We remain responsible for statements made by us or our representatives and for supplying the service under this agreement and applicable law.

3. Eligibility, applications and conditional supply

3.1 Home plans are available to residential customers only, for personal or domestic use. You must confirm at application that the service is for personal or residential use. Home plans must not be used to carry on a business.

3.2 Business plans are available to businesses only. You must provide a valid ABN and a business name at application, and the person ordering confirms that they are authorised to order for the business.

3.3 All plans are subject to service qualification at your address, including a desktop study and, where needed, a site survey. We will assess the address against the service specifications disclosed in your CIS and Order Confirmation and will act reasonably. We may decline an application where the address cannot reasonably be served to those specifications, and we will explain that outcome to you.

3.4 You must give us accurate and complete information. We tell you why personal information is collected and who receives it at or before collection. We may decline an application where information provided is incomplete or inaccurate, or where a previous account remains unpaid.

3.5 Our obligation to install and activate the service is subject to the following conditions being satisfied by the Longstop Date stated in your Order Confirmation: (a) the desktop study and any site or signal-path assessment demonstrate that the service can meet the disclosed service specifications; (b) the required tower, network and backhaul infrastructure is commissioned and available; (c) necessary site access, landowner consents and third-party approvals are obtained; and (d) the necessary equipment and installation capacity are available. We will use reasonable endeavours to satisfy the conditions and keep you informed of material changes.

3.6 Your Order Confirmation will state an estimated activation window and a Longstop Date. The estimated window is an estimate, not a guarantee, and is based on information and reasonable grounds current when the Order Confirmation is issued. The Longstop Date may only be extended with your agreement.

3.7 If the conditions in clause 3.5 are not satisfied by the Longstop Date, you may cancel immediately. We may cancel only where, acting reasonably, we determine that a condition cannot be satisfied. No early termination charge applies and we will refund in full any amount paid for a service not provided within 10 business days. This clause does not limit your rights under the Australian Consumer Law.

4. Agreement date, activation, term and billing

4.1 The default term is month-to-month with no fixed term. You may instead choose a 12, 24 or 36 month term, which reduces your installation fee for your plan as set out in your CIS. Longer terms and higher plans earn bigger installation discounts.

4.2 The agreement is formed on the Agreement Date, when we issue your written Order Confirmation. Your Minimum Term, Recovery Period and recurring billing commence only on the Activation Date, when the service is operational and available for use.

4.3 You are billed monthly in advance after activation. Your first invoice may be pro-rated from the Activation Date. We will not charge recurring plan fees before activation.

4.4 Any amount collected before activation must be clearly identified in your Order Confirmation as a refundable deposit or an installation payment and is subject to the refund right in clause 3.7.

5. Installation and equipment

5.1 The service requires professional installation of an outdoor antenna at your premises by us or our contractor. The standard installation fee is $850. Where we agree a different installation fee with you, your Order Confirmation states it and that fee applies. If you choose a fixed term, your installation fee is reduced by an Installation Subsidy that depends on your plan and term, as set out in the charges table of your CIS.

5.1A Your Installation Subsidy is the amount stated as the Installation Subsidy in your Order Confirmation or, if none is stated there, the difference between the standard installation fee and the installation fee stated in your Order Confirmation. If your Order Confirmation states no installation fee and no Installation Subsidy, your Installation Subsidy is nil and clause 10.4(a) does not apply to your service. Your Recovery Period is the number of months, stated in your CIS or your Order Confirmation, over which the Installation Subsidy is treated as recovered through your plan payments. The Installation Subsidy reduces by an equal amount for each full month of service you complete and reaches zero at the end of the Recovery Period.

5.2 Standard installation covers a typical single-storey installation with reasonable access. Non-standard work (for example extended masts, elevated work platforms, additional cabling or difficult access) may attract additional charges, which we will quote before doing the work.

5.3 You must have the authority to permit the installation. If you are not the owner of the premises, you must obtain the owner's consent before installation and you warrant to us that you have done so.

5.4 The outdoor antenna and associated mounting equipment remain the property of Digital Soul Australia at all times. When your service ends, we may recover that equipment, and you must provide reasonable access for us to do so.

5.5 A router is required to use the service. You may supply your own compatible router (any standard router with an Ethernet WAN port), or we can supply a pre-configured router from $299, with pricing set out at purchase. Routers you purchase from us are yours from the date of delivery and come with the consumer guarantees under the Australian Consumer Law; any warranty we or a manufacturer state is additional to those rights and does not replace them. Our service and support boundary is the Ethernet port of the outdoor antenna: we support routers we supply, and provide reasonable general guidance only for routers you supply yourself.

5.6 You are responsible for supplying mains power to the equipment and for your in-premises network beyond the router.

6. Using the service

6.1 You must comply with our Acceptable Use Policy and all laws.

6.2 You must not resell the service or use it to supply carriage services to others without our written agreement.

6.3 You are responsible for the security of your network and devices. Your responsibility for use of the service through your connection is limited to use you authorised or use that occurred because you failed to take reasonable steps to secure the connection; it does not extend to unauthorised use despite reasonable security or to loss caused by our negligence or breach.

6.4 You must not use the service in a way that damages, interferes with or degrades our network or the equipment or services of any other person, and must not attempt to gain unauthorised access to any network or system.

7. Charges, billing and payment

7.1 Your monthly charge is set out in your CIS. Consumer plan prices include GST. Business plan prices are stated exclusive of GST with GST-inclusive figures shown in the CIS.

7.2 The following account charges apply where incurred: late payment fee $15; payment dishonour fee $15; paper bill fee (on request) $3.50. Late payment and dishonour fees, if applied, are limited to reasonable costs we actually incur and are disclosed before they apply. The paper bill fee is subject to any legal exemption and is waived where a free electronic bill is not reasonably accessible to you. We do not charge a card surcharge. Paying by card is free of charges from us.

7.3 Invoices are payable by the due date shown. If an undisputed amount remains unpaid after the due date, we may charge the late payment fee, restrict or suspend the service after giving you the notices required by law, and recover reasonable, lawful debt recovery costs. Before we restrict, suspend or cancel for non payment we give the notices required by law and consider any request for payment assistance. We will not take credit management action for an amount genuinely in dispute while the dispute is being handled, or while a financial hardship arrangement is in place and being complied with.

7.4 Subject to clause 8.1, we may change charges only for a reason stated in clause 16.1 and after giving at least 30 days written notice that explains the change and your options. A detrimental change does not take effect for you during that notice period. If a change is detrimental to you, you may cancel without an early termination charge at any time within 42 days after the notice.

8. Early bird pricing

8.1 Early bird pricing is the launch price identified in your CIS and Order Confirmation. That monthly rate is locked for as long as you remain continuously connected on the same plan and will not be increased under clause 7.4 or 16.1, except to reflect a change in GST or another change required by law that cannot reasonably be absorbed.

8.2 The early bird rate ends if you cancel the service or change to a different plan, in which case the then-current pricing for the new plan applies. Full retail pricing applies to sign-ups outside the early bird offer.

9. Moving premises

9.1 If you move within our network footprint, we can relocate your service for a $400 relocation fee, subject to service qualification at your new address.

9.2 If your new address cannot be serviced, you may cancel. On a fixed term, the early termination charge in clause 10.4 applies unless we agree otherwise.

10. Suspension, cancellation and early termination

10.1 You may cancel a month-to-month service at any time. Cancellation takes effect on the date you request or at the end of the current billing period, whichever you choose. No cancellation fee applies, and we will refund any unused amount paid in advance where required by law.

10.2 We may suspend or cancel the service where: (a) you materially breach this agreement and do not remedy the breach after reasonable notice; (b) an undisputed amount remains unpaid after all notices and payment assistance steps required by law; (c) required by law or a regulator; (d) reasonably necessary to protect safety or the security or integrity of the network, or to stop unlawful use; or (e) you or a person at the premises threatens, abuses or harasses our staff or a technician. Unless urgent action is reasonably necessary, we first give the notice and opportunity to remedy required by law and consider any request for payment assistance.

10.3 We may withdraw a plan or cease providing the service on at least 30 days notice. If we do so during your fixed term other than for your breach, no early termination charge applies and we will refund any unused amounts paid in advance.

10.4 If a fixed-term service is cancelled before the end of the Minimum Term by you, or by us for your material breach after any applicable notice and remedy period, the early termination charge is the sum of: (a) the unrecovered Installation Subsidy calculated under clause 5.1A; and (b) the lesser of: (i) 50% of your actual monthly charge multiplied by the complete months remaining; (ii) six monthly charges; and (iii) our documented reasonable estimate of unavoidable loss for the relevant plan cohort, after deducting costs saved because the service ends. The two components must not recover the same cost.

10.4A Your CIS or your Order Confirmation states the maximum early termination charge for the selected plan and term, and that stated maximum is the most we will charge. We will give you a written calculation on request before cancellation.

10.4B No early termination charge applies before activation; where clause 3.7, 7.4, 10.3 or 16.1 applies; where you cancel because of our material breach or a major service failure; where the sale was misleading or unauthorised; or where you exercise a non-excludable right under the Australian Consumer Law.

10.5 On cancellation, clause 5.4 applies to recovery of our equipment.

11. Faults, maintenance and service changes

11.1 Report faults to our customer service contacts in your CIS. We will respond within a reasonable time and repair them as quickly as we reasonably can.

11.2 We may carry out planned maintenance and will aim to do so at times that minimise disruption. Planned maintenance and events outside our reasonable control may interrupt the service. Outages outside our control are not a breach of this agreement by us, but this does not limit your rights under the Australian Consumer Law.

11.3 We may change the technology or configuration used to deliver the service provided the change does not materially reduce the service you receive.

12. Consumer guarantees and liability

12.1 Our services and goods come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to cancel the service and obtain a refund for the unused portion, or to compensation for its reduced value, and to compensation for reasonably foreseeable loss or damage. For goods, you are entitled to a replacement or refund for a major failure and to compensation for reasonably foreseeable loss or damage.

12.2 Nothing in this agreement excludes liability or a remedy that cannot lawfully be excluded, including compensation for reasonably foreseeable loss recoverable under the Australian Consumer Law.

12.3 For goods not ordinarily acquired for personal, domestic or household use, and only where section 64A of the Australian Consumer Law permits and the limitation is fair and reasonable, our liability for failure to comply with a consumer guarantee is limited, at our election, to replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacement or acquisition of equivalent goods, or paying the cost of repair. For services in that category, the permitted limitation is, at our election, supplying the services again or paying the cost of having them supplied again. That limitation does not apply where it would be unfair or unreasonable, or to fraud, wilful misconduct, personal injury, or breach of confidentiality or privacy obligations.

12.4 To the extent permitted by law: (a) neither party is liable for indirect or consequential loss that is not an ordinary and direct consequence of the breach; no category of loss, including profit, revenue, data, business or opportunity, is automatically treated as consequential; (b) for Small Business Customers only, our aggregate liability arising under or in connection with this agreement in any 12 month period is limited to the charges you have paid us under this agreement in the 12 months before the claim; and (c) liability is reduced to the extent the other party caused or contributed to the loss. The exclusions and cap do not apply to non-excludable liability, personal injury or death, fraud, wilful misconduct, breach of confidentiality or privacy, or liability that it would be unfair or unreasonable to limit.

12.5 You are responsible for direct loss we suffer to the extent it is caused by your proven negligent or unlawful act or omission, subject to law and our duty to mitigate. You do not indemnify us for personal injury, loss caused by us or our suppliers, or remote or unforeseeable loss.

12.6 You acknowledge the matters in clauses 2.2 to 2.5 and that the service should not be relied upon where a failure could cause harm that a backup arrangement would prevent.

13. Financial hardship and payment assistance

13.1 If you are having difficulty paying or may be unable to pay on time, contact us. Our Financial Hardship Policy is published on our website and explains the free assistance options, how to apply, how we assess a request and how to complain. Applying for assistance is free and does not affect your service while we consider it. We comply with that policy and the applicable financial hardship rules before taking credit management action.

13.2 If domestic, family or sexual violence is affecting your safety or your finances, our Domestic, Family and Sexual Violence Statement, published on our website, sets out the support available. You will not be asked for evidence of your circumstances to access that support.

14. Complaints and disputes

14.1 Our Complaints Handling Process is published on our website. You can make a complaint from My Account, by email, by post or by phone. For a complaint made by telephone or in person, we acknowledge it immediately; for email, post or another recorded channel, within 2 Working Days. We propose a resolution within 10 Working Days, or within 2 Working Days for an urgent complaint, and implement an agreed resolution within 5 Working Days unless you agree otherwise or the law permits a different period. If you are not satisfied with how we have handled your complaint, you have a right to take it to the Telecommunications Industry Ombudsman, which is a free and independent service. The Ombudsman helps individuals, small businesses and not-for-profit organisations, and publishes its own eligibility criteria at tio.com.au/how-it-works/who-we-help. You can reach it on 1800 062 058 or at tio.com.au.

15. Privacy

15.1 We collect, use and disclose personal information in accordance with our Privacy Policy and any collection notice provided when information is collected, including to qualify your address, provision, install and support your service, and bill you.

15.2 To supply the service we disclose only the personal information reasonably required by our installation contractors and by the service providers listed in our Privacy Policy, such as your name, service address, contact details and site access information. Some of the providers we use store information outside Australia, in Japan, Singapore, the United Kingdom and the United States. Our Privacy Policy lists each recipient, what we share with them, why, and the country where it is held, and is updated if a recipient changes. We remain accountable for your personal information under the Privacy Act 1988 (Cth) even when it is held or processed overseas.

15.3 Where we use an automated process to make a decision that could significantly affect you, our Privacy Policy explains the kinds of decisions and the information used.

16. Changes to this agreement

16.1 We may vary these terms where reasonably necessary to comply with law or regulatory requirements; reflect a supplier change on which the service depends; protect network security or integrity; reflect a material change in third-party supply costs; correct an error; or improve the service without material detriment. We give at least 30 days written notice of a variation that could adversely affect you, explain the change and your options, and provide a genuine right to cancel before it takes effect without an early termination charge. A detrimental change does not take effect for you during that notice period. Clause 7.4 applies to detrimental changes to charges, and clause 8.1 prevails for a locked early bird monthly rate.

17. General

17.1 We may assign this agreement as part of a genuine business transfer only where the successor assumes our obligations and the transfer does not materially reduce your rights. We will give reasonable notice. We may use contractors to perform our obligations. You may not transfer the agreement without our consent, which we will not unreasonably withhold.

17.2 Notices may be given by email to the address on your account, by SMS, through your bill, through My Account, or by another method you agree to. You must keep your contact details current. Nothing in this clause permits a method of notice or a notice period shorter than a mandatory statutory requirement.

17.3 If part of this agreement is unenforceable, the rest remains in force.

17.4 This agreement is governed by the laws of Western Australia.

18. Definitions

18.1 Activation Date means the date the service is operational and available for use. Agreement Date means the date we issue the written Order Confirmation. Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth). Business Customer means a customer acquiring the service wholly or predominantly for business use. CIS means the Critical Information Summary for your plan. Estimated Activation Window means the estimated date range stated in the Order Confirmation. Fixed Term or Minimum Term means an optional 12, 24 or 36 month term commencing on the Activation Date. Installation Subsidy and Recovery Period have the meanings in clause 5.1A. Longstop Date means the final date for satisfying the conditions in clause 3.5, as stated in the Order Confirmation. Order Confirmation means our written acceptance identifying the service, plan, price, term, conditions, estimated activation window and Longstop Date. Service means the fixed wireless broadband service described in clause 2 and your CIS. Small Business Customer means a Business Customer to whom the protections for small businesses under the Australian Consumer Law apply. Working Day has the meaning given in the applicable telecommunications consumer rules and excludes weekends and public holidays at your service address.