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".

1. About this agreement

1.1 This is our Standard Form of Agreement for fixed wireless broadband services supplied to consumers and small businesses. 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, Privacy Policy, Financial Hardship Policy and Complaints Handling Process, each published on our website.

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 policies.

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.

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.

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.

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 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. 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 difference between the $850 standard installation fee and the installation fee you paid. Your Recovery Period is the number of months, stated in your CIS, 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 $235, with pricing set out at purchase. Routers you purchase from us are yours. 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. Unlimited plans are subject to the fair use provisions of that policy.

6.2 Capped plans include the monthly data allowance in your CIS. When you use your monthly allowance, your service is slowed to 2 Mbps for the rest of your billing month. There are no excess data charges. We notify you when you reach 50%, 85% and 100% of your allowance. Unused allowance expires at the end of each billing month.

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

6.4 You are responsible for the security of your network and devices, and for all use of the service through your connection.

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; card payment surcharge 1%.

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 notice, and recover reasonable debt recovery costs. We will not take credit management action for an amount genuinely in dispute or while a financial hardship arrangement is in place.

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. If a change is detrimental to you, you may cancel without an early termination charge 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 you materially breach this agreement, where required by law, or where reasonably necessary to protect the network. Unless urgent action is reasonably necessary, we will first give reasonable notice and an opportunity to remedy a remediable breach, in addition to any notice required by law.

10.3 We may withdraw a plan or cease providing the service on reasonable 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 states the maximum early termination charge for the selected plan and term. 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 or 10.3 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.

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 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.

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. For services not ordinarily acquired for personal, domestic or household use, and only where section 64A of the Australian Consumer Law permits, our liability for failure to comply with a consumer guarantee is limited, at our election, to resupplying the service or paying the reasonable cost of resupply. 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.

12.3 You acknowledge the matters in clauses 2.2 to 2.4 and that the service should not be relied upon where a failure could cause harm that a backup arrangement would prevent.

13. Financial hardship

13.1 If you are having trouble paying, contact us. Our Financial Hardship Policy is published on our website and sets out the assistance options available. Applying for assistance is free.

14. Complaints and disputes

14.1 Our complaints process is published on our website. If we cannot resolve your complaint, the Telecommunications Industry Ombudsman provides free, independent dispute resolution: 1800 062 058, tio.com.au.

15. Privacy

15.1 We collect, use and disclose personal information in accordance with our Privacy Policy, including to qualify your address, provision and support your service, and bill you.

16. Changes to this agreement

16.1 We may vary these terms where reasonably necessary to comply with law or regulatory requirements; 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 will give at least 30 days notice of a variation that could adversely affect you. Clause 7.4 applies to detrimental changes, 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, or through your bill. You must keep your contact details current.

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). 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.