This document outlines the general Terms and Conditions that will govern the relationship between Omniconnect and The Client. Any Service and Pricing Schedule (Appendices) will form part of this agreement, and must be signed to indicate you have read and agree to the fees outlined.

In the case that you wish to use additional Omniconnect services not detailed in the attached Service and Pricing Agreement, you will be asked to sign additional Service and Pricing Schedules which will form an addendum to this Agreement.

Definition of Terms
The Client: Client of Omniconnect
The Reseller: Client of Omniconnect

Customer Terms and Conditions Updated: September 07

1. Services
As a licensed telecommunications carrier we offer carrier services based on the Telecommunications Act 1997.
1.1. Services covered by this Service Level Agreement (unless under a custom SLA for specific services)
a. Business Dialup Internet
b. Business ADSL Internet and Private Networks
c. Direct Ethernet internet connection
d. Licensed and Unlicensed Microwave Internet and Private Networks
e. Web and Application Server Hosting
1.2. At 101 Collins Street Melbourne direct ATM connections are available to other Carriers situated at 101 Collins. Interconnection cabling requirements are the responsibility of the customer.
1.3. In addition, wireless connections to 101 Collins Street are available subject to OMNIconnect provisioning and technical requirements. These connections can be rented only from Omniconnect’s. POA.
1.4. Wireless radio or microwave connections at other sites may be rented. POA.
1.5. Data provided to OMNIconnect by an upstream service provider is the responsibility of that provider and subject to its service agreement.
1.6. Omniconnect’s hours for Normal Business Hours are 9 am to 5:30 pm, Monday to Friday.

2. SLA Overview
2.1. This Service Level Agreement (SLA) defines service assurance and performance parameters of the services offered in section 1.

3. Omniconnect Service Assurances (Service Level Agreement)
3.1. Omniconnect’s SLA does not cover outages resulting from:
a. Planned Network Outages
b. End User omissions
c. End User equipment including software
d. Damage by external forces such as vandalism, theft or accidental damage by third parties.
e. Other situations beyond the reasonable control of Omniconnect
3.2. OMNIconnect service obligations and assurances do not include customer equipment or equipment associated with a tail circuit offered by another Carrier such as Telstra.
3.3. OMNIconnect obligations do not include customer radio links unless previously agreed under a nomination agreement or additional maintenance agreement.
3.4. The repair of faults on any OMNIconnect equipment located at the customers premises caused by interference, wilful damage or any act of omission of the customer, negligent or otherwise, is not covered by prescribed charges. OMNIconnect reserves the right to repair faults at the Customer expense.
3.5. Omniconnect’s assurance for mission-critical service interruption is based on a 1 Hour Response, 4 hour Diagnosis and Rectification within Business Hours. Service grade covers a 4 Hour response, 8 Hour Diagnosis and Rectification outside Business Hours.
3.6. OMNIconnect will make all best effort to restore services within the 4-hour restoration period, however in the event that outage times exceed this time the following monthly rebates apply:

Service Level Calculation – Links

Service level = Days in month x 12 – outage hours/Days in month x 12
Service Level Service fee as a % of $ per month
Grater than 99%: 0% discount
Between 98-99%: 2% discount
Between 97-98%: 5% discount
Between 96-97%: 10% discount
Between 95-96%: 15% discount
Between 94-95%: 25% discount
Less than 94%: 100% discount (customer pays no service rental)

3.7. Scheduled Outages. From time to time OMNIconnect will carry out routine maintenance and upgrades to its network, if this is to involve a temporary outage to the service OMNIconnect will inform affected customers prior to scheduled outage. Outages of this nature do not apply for the above rebate.
3.8. Minimum Link Latency Guarantees can be provided on a per-client basis upon discussion with an OMNIconnect representative. Discount applies to POA Wholesale and Corporate Class Internet Download rates only. Home and Commercial Dialup plans, or Fixed-Rate Unlimited Data feeds are exempt from service fee discounts.
3.9. In the event OMNIconnect is responsible for customer radio links, OnRamp services, DDS, HDSL tail circuits or equipment, the customer is responsible to provide access to premises for any service or maintenance required. If access to OMNIconnect cannot be guaranteed as required this equipment could not be covered by Omniconnect’s service assurance regarding rectification periods.
3.10. Rebate due to outage as shown in section 3.6 is based on bandwidth charges only as specifically quoted to the customer.

4. Customer Obligations
4.1. The customer must take all reasonable necessary measures to ensure the safe and proper performance of all work OMNIconnect performs at the Customers Premises.
4.2. OMNIconnect will not connect any customer premises cabling unless registered cabling service provider installs the cabling, and that the cabling meets the minimum technical requirements of the ACMA.
4.3. The Customer must pay OMNIconnect any cost OMNIconnect incurs in repairing or replacing property, which is damaged or destroyed as a result of the connection of DTE to OMNIconnect equipment.
4.4. The customer must ensure that any faults reported to OMNIconnect are in its network, or an incorrect call out fee will apply. For example, the fee of $150 will apply if the customer asks OMNIconnect to attend to a customer DTE fault. If the customer cancels a service before the end of the contracted term, the customer must pay OMNIconnect the remainder of contract value plus an early termination fee equal to two months charges. The termination fee and service rental for remaining term will be waived by OMNIconnect in the event of a breach of clause of 6 or any sub-clauses thereof by OMNIconnect.

5. Customer Service Guarantee
5.1 The rights of customers under Part 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 provide that if OMNIconnect breaches ACMA’s performance standards, OMNIconnect is liable to the customer.
5.2 The customer may if unsatisfied with the service make a complaint to OMNIconnect by sending an email to enquiries@omniconnect.com.au
5.3 The customer may if unsatisfied with the way their complaint was handled by OMNIconnect take the matter to the Telecommunications Industry Ombudsman and the Office of Fair Trading in Victoria. The Telecommunications Industry Ombudsman will deal with the complaint made by the customer. The Office of Fair Trading can provide the customer with assistance in handling the dispute between the Customer and OMNIconnect as well as provide information to the customer on their rights.

6. Termination of Services Under Contract
6.1. The Customer may terminate the service at any time with 60 days written notice in the following circumstances:
a. The Service Level uptime on the link to the customer falls below 80% in any month during the term of the contract
b. OMNIconnect commits an act of insolvency, comes under any form of insolvency administration, or is wound up under the laws of the state of Victoria.
6.2. OMNIconnect may terminate or suspend the service at any time without notice at its discretion in the following circumstances:
a. Where the customer has failed to pay all outstanding charges for a period exceeding 45 days from invoice,
b. Where the customer commits an act of insolvency, comes under any form of insolvency administration, or is wound up under the laws of the state of Victoria.
c. Where OMNIconnect has reason to believe the customer has committed an act listed under section.
d. Where the customer has not adhered to the Terms and Conditions detailed in section 7.
6.3. Disconnection of service due to non-payment of account and subsequent reconnection will require full payment of outstanding account plus an $800.00 re-connection fee.
6.4. Disconnection of service prior to completion of the contract term will render The Client liable for full payment of all outstanding contract items, including but not limited to the following:
a. Outstanding setup, installation or upgrade charges contained within enclosed proposal documents
b. Monthly or Quarterly line or trunk rentals for the contract term
c. Port, Router and Switch Rentals for the contract term
d. Public Data Feed usage of internet data as provided within the terms of this agreement (if WAN link is connected to public internet)
e. Costs to OMNIconnect arising from negligent conduct or items listed in section 7.

7. Terms and Conditions
Service Installation, Maintenance and Access to the OMNIconnect network (“the service”) is provided to the user (“The Client”) subject to the following terms and conditions:
7.1. Provision of Client Service and Data Usage
a. The client agrees that the Username and Password are for The Clients’ use only and The Client accepts full liability and responsibility for any actions via The Clients’ Username and Password.
b. The Client agrees to notify OMNIconnect immediately unauthorised usage of The Clients account. The Clients’ Username is not transferable to any person or entity. The Client must be at least 18 years of age from the date of connection to have the right and ability to enter into this agreement.
c. The Client agrees to take full responsibility for any telephone call charges (local or long distance) The Client incurs in connecting to the OMNIconnect network.
d. The Client agrees the connection fee does not include the installation of Internet software on Customer Premises Equipment (CPE), or System Maintenance of CPE. If The Clients system requires maintenance to enable successful connection to the Internet, this can be provided at an additional cost or at the discretion of OMNIconnect.
e. The Client agrees to use the Service in a responsible manner, taking into account the effects The Clients use of the service may have on other users and the network.
f. The Client must not use the Service, or allow any other person to use the Service;
i. For any unlawful, illegal or improper purpose;
ii. In any way which interferes with the Service’s network availability for other users or otherwise interferes with the proper operation of the service;
iii. To access or damage another persons or entities computer system without permission;
iv. To infringe copyright or intellectual property rights;
v. To store, publish or distribute material which is obscene, offensive, defamatory, pornographic, abusive or that violates any law or regulation;
vi. To attempt to do any of the forgoing.
7.2. The Client must not resell the Service or any of its components or content provided via the Service.
7.3. The Client agrees to accept total responsibility for the content of files owned by The Client and stored on the OMNIconnect network, and also accept total responsibility for any data transferred or caused to be transferred across Omniconnect’s network.
7.4. The Client must indemnify OMNIconnect against any costs arising from or incurred in connection with any fault in the OMNIconnect network or any equipment or software connected to the OMNIconnect network due to your negligence or wilful misuse of the Service, or any unauthorised use of the OMNIconnect network, any equipment or software connected to the OMNIconnect network.

8. Billing
8.1. Prepaid Plans
Charges for Installation (where applicable) and first month Service Rental are invoiced within 7 days of network provisioning. All Service Rental charges and prepaid (price capped) usage charges are paid in advance, preceding month of access. All metered data usage charges are calculated and invoiced in following month rental charges.
All data passing through the port used to connect to the client in an outbound or inbound direction will be measured throughout the billing month. Data is billed on single direction of flow, whichever is deemed to be greater.
a. Unless specified otherwise in the contract, Prepaid plan payments can be made by credit card, cash, cheque, direct deposit or Bpay.
b. All payments received must be made and cleared in advance of activation of the service being provided. Invoices will be issued prior to the due date via email.
c. Additional hard copy paper invoices can be issued at a cost of $2.20 per invoice inclusive of GST.
d. All prepaid hours not used in the specified time period will be forfeited upon the expiration of each billing period.
e. Failed credit card transaction attempts during period of service provision incur an administration fee of $7.70 inclusive of GST.
f. Cash/cheque payments – if payment is not received within 30 days of billing date, all services may be suspended until we receive payment.
g. Direct Deposit – if payment is not received within 30 days of billing date, all services will be suspended until we receive payment for further hours. Upon deposit, signed bank deposit receipt must be faxed/mailed to OMNIconnect Accounts department or payment will not be recognised.
8.2. Other Plans
Charges for Installation (where applicable) and first month Service Rental are invoiced within 30 days of network provisioning. All Service Rental charges are paid in advance, preceding month of access. All charges resulting from data usage beyond cap are calculated and invoiced in following month rental charges.
a. Unlimited data payments can be made by credit card, cash, cheque, direct deposit and BPay.
b. All payments received must be made and cleared in advance of activation of the service being provided. Invoices will be issued prior to the due date via email.
c. Additional hard copy paper invoices can be issued at a cost of $2.20 per invoice inclusive of GST.
d. All prepaid data not used in the specified time period will be forfeited upon the expiration of your prepaid hours.
i. Credit card payments - OMNIconnect will automatically invoice the cost of the service to your account, with the amount billed directly to your credit card. All charges resulting from data usage beyond cap will be automatically billed to your credit card and a receipted invoice provided. This process will continue until receipt of written service cancellation advice. Failed credit card transaction attempts during period of service provision incur an administration fee of $7.70 inclusive of GST.
ii. Cash/cheque payments – if payment is not received within 30 days of billing date, all services will be suspended until we receive payment for further hours.
iii. Direct Deposit – if payment is not received within 30 days of billing date, all services may be suspended until payment received for further service. Upon deposit, signed bank deposit receipt must be faxed/mailed to OMNIconnect Accounts department or payment will not be recognised.
8.3. Direct Debit Authorisation
a. Only debit your account in accordance with the Customer Agreement.
b. Allow you to stop any direct debit item or cancel a DDR where the term of the Customer Agreement or extension thereof has ceased and you no
c. longer wish to have OMNIconnect Pty Ltd as your service provider.
d. Provide you with 14 days notice if we propose to vary any of your direct debit arrangements.
e. As the provider of a DDR you:
i. Authorise us to process a direct debit item at the times and for the amounts specified in the Customer Agreement.
ii. Agree this DDR remains in operation until revoked in writing.
iii. Agree to advise us immediately of any reason why a direct debit item may not be processed. In such instances an alternative method of payment must be arranged 3 days prior to the due date and payment received by the due date.
iv. Will advise us in writing of your intention to withdraw the DDR not less than 14 days before the effective date of withdrawal. Such advice is to be communicated to us in the first instance. Where the DDR is withdrawn or cancelled, you agree to pay any outstanding or future debts under the Customer Agreement by an alternative DDR or credit card.
v. Will advise us of any disputed direct debit item as soon as practically possible. Such advice should detail the amount of the dispute, the reason for the dispute and your customer details.
vi. Authorise us to disclose information to our Financial Institution for the purposes of investigating any claim connected with an alleged incorrect or wrongful direct debit item.
vii. Acknowledge that it is your responsibility to ensure sufficient clear funds are available in the relevant account to permit the payment of direct debit in accordance with this DDR and the Customer Agreement.
viii. Acknowledge that if a direct debit is declined at the authorised time and for the authorised amount then a declined transaction fee of $7.70 incl. GST will apply to the invoice.

9. OMNIconnect Legal Rights
9.1. OMNIconnect management reserve the right to vary conditions of use, alter rates (outside those specified in agreement) and service conditions at its discretion. OMNIconnect will give notice of any variations to users of OMNIconnect who are not subscribers by posting the revised Terms of Use on our home page one billing cycle 30 days before the variations take effect. The Clients’ continued use after such notice will constitute acceptance of the variation.
9.2. OMNIconnect reserves the right to terminate or suspend its service at any time, after due consultation with a Client Representative, and establishment of due cause, in accordance with OMNIconnect terms and conditions, without refund of prepaid access or data usage.
9.3. OMNIconnect takes no responsibility for the legality or factual integrity of any information retrieved from files stored on OMNIconnect's servers, or servers hosted at OMNIconnect’s hosting site.
9.4. OMNIconnect accepts no liability for damages or loss of income due to system downtime, connection difficulties, termination of The Clients’ account, or The Clients’ use of the OMNIconnect network.