Health Plus DSL Service Terms

1. What are these special terms about?

These terms are product specific special terms for Qualified Services under the Broadband for Health Program.

2. What terms apply?

These special terms along with our DSL category terms, applicable DSL service terms, and our core terms (which can be found at au.pacnet.com/terms-and-conditions/) together form your customer contract with us.

3. What is a Health Plus plan?

A Health Plus plan is any Qualified Service we provide to an Eligible Practice under BFHP.

4. Who is eligible for a Health Plus plan?

4.1. We will only provide a Health Plus plan to you:

4.1.1. if you are an Eligible Practice; and

4.1.2. you are located in an area where we can provide a Qualified Service.

4.2. If at anytime during which we provide you with a Qualified Service you cease to be an Eligible Practice (or otherwise not be eligible to participate in BFHP), then you agree and consent to your customer contract with us being varied by deleting these special terms.

5. Installation

5.1. When we install and enable a Qualified Service we will provide you with an installation certificate.

5.2. If we are unable to install a Qualified Service, then we will provide you with a written advice (‘technical report’) to this effect within 3 business days of our assessment.

6. What obligations arise from claiming the BFHP subsidy?

Where you request that we claim a subsidy under the BFHP you:

6.1. give us full authority to act on your behalf in applying for and receiving the BFHP subsidy;

6.2. consent to us disclosing all information, including personal information as defined by the Privacy Act 1988 (Cth), to all Government agencies and other bodies who administer the BFHP for any purpose associated with the Qualified Service or the BFHP;

6.3. will provide us with all relevant information that we require to process the application for a subsidy;

6.4. agree to comply and do all things required by us to facilitate the subsidy claim;

6.5. remain responsible for all charges that are incurred under your customer contract; and

6.6. remain responsible for the payment of all charges (including late fees and interest charges) under your customer contract by their due date.

7. What warranties do you give us?

You warrant that:

7.1. the information you provide us is truthful and accurate; and

7.2. you are eligible for the subsidy.

8. Are there any other terms?

8.1. Your customer contract with us must have a minimum term of no less than 12 months.

8.2. Once the minimum term of your customer contract with us expires, you can enter into a new customer contract with us for a minimum term of at least 12 months.

8.3. If you have an existing customer contract with us for any DSL service e.g. ADSL or SDSL, other than a Qualified Service, then you can terminate that customer contract subject to:

8.3.1. giving us 30 days notice; and

8.3.2. entering into a new customer contract with us for a Qualified Service that has a minimum term of 24 months or any other period we agree to in writing.

8.4. Subject to clause 4.2, if the BFHP ends or is varied, your customer contract with us continues and you remain responsible to pay our fees in full.

9. Improper use

In addition to our other rights, we may suspend a Qualified Service if it is used in a manner that is deemed to be inappropriate by DHA in its reasonable opinion.

10. Indemnity

10.1. Subject to clause 10.2, if we must indemnify DHA or HIC against, any cost, expense, liability, loss, or damage of any nature arising from:

10.1.1. our provision (or lack of provision) of any services to you under your customer contract with us;

10.1.2. our compliance with our obligations to DHA or HIC under the BFHP; or

10.1.3. any suit, action, demand, dispute or claim by any person arising directly or indirectly from any action or failure to act by us relating to services to you under these special terms (or your customer contract with us), any actual or proposed individual contract, a BFHP subsidy or any other matter directly or indirectly relating to the BFHP – then you must indemnify us in respect of all amounts we pay or are liable to pay under that indemnity.

10.2. The indemnity in clause 10.1 does not apply to the extent that any negligent act or omission of us contributes to the relevant cost, expense, liability, loss, or damage.

11. Definitions

BFHP Broadband for Health Program
Eligible Practice Eligible Practice: a general practice, health service clinical practice or pharmacy that DHA declares to be eligible to participate in BFHP and has been issued with a UIN
DHA The Commonwealth Department of Health and Ageing (including its successors)
HIC Health Insurance Commission
Qualified Service at any point in time a broadband service then currently approved by DHA to be marketed to Eligible Practices to attract the BFHP Subsidy
UIN an identifier that is issued by the HIC to each Eligible Practice to identify it as a potentially Eligible Practice