Pacnet Mobile Broadband Service Terms

1. Application

These terms apply to all mobile broadband services we provide to you and form part of our customer contract with you. They must be read in conjunction with our SFoA core terms at au.pacnet.com/terms-and-conditions/.

2. Service Conditions

2.1.      To access the mobile broadband service, you need:

2.1.1.   a computer conforming to the minimum system requirements;

2.1.2.   an approved modem;

2.1.3.   a SIM card.

2.2.      If your computer does not meet the minimum system requirements, you will not be able to successfully use the service.

2.3.      You may:

2.3.1.   purchase an approved modem from us to access the service; or

2.3.2.   use your own mobile broadband modem approved for use on the network to access the service.

2.4.      If you choose to use your own mobile broadband modem to access the service:

2.4.1.   your mobile broadband modem must be an approved modem;

2.4.2.   the operation of your mobile broadband modem, and any repairs to it, is your responsibility; and

2.4.3.   subject to your statutory rights, we or our wholesaler do not make any warranty regarding the software or data provided to you as it operates on your device and interacts with your other applications.

2.5.      If you purchase an approved modem from us for use with the service clause 37 of the core terms apply.

3. SIM Card

3.1.      We will supply you with a SIM card to access the service.

3.2.      You agree to take reasonable care of the SIM card, and agree that if you fail to do so you will be responsible for the costs of repair or replacement in the event that it is damaged, lost or stolen.

3.3.      You must:

3.3.1.   keep the SIM card secure;

3.3.2.   not remove the SIM card from the modem (unless instructed to do so by our personnel);

3.3.3.   only use the SIM card to access our service;

3.3.4.   not interfere with or impair the operation of the SIM card;

3.3.5.   not duplicate the identity of the SIM card (including for the purpose of back up).

3.4.      You should not use the SIM card to access (and you may not be able to access) other services, such as voice calls or MMS.  If you are able to access such services, your use of such services will:

3.4.1.   be charged at prevailing rates; and

3.4.2.   count towards your data allowance.

3.5.      If you remove the SIM card and/or use it in another modem, we may cancel the service without notice.

3.6.      The mobile service number is not issued to you with the service and the service does not support mobile number portability between mobile carriers.

4. Security and Data Use

4.1.      Your data usage applies to uploading and downloading.

4.2.      If your data usage exceeds the data allowance or included hours for any given billing month, then you will be charged excess usage charges for any data usage or additional hours over and above your data allowance or any included hours until the first day of your next billing month.

4.3.      You are solely responsible for implementing security and anti virus measures on your computer and you acknowledge that mobile broadband is subject to additional risks such as unauthorised use and security breaches.

4.4.      You are able to obtain an approximate indication of your usage via the software included with your modem and an accurate indication via the on-line usage feature via the Pacnet Account Toolkit. Any unused data allowance cannot be rolled over to a subsequent billing month.

4.5.      Your data usage must not exceed 8Gb in each calendar month.  If it does, we may suspend or cancel the service.

5. Coverage and Data Transfer Speeds

5.1.      The service is only available in areas covered by the network.

5.2.      You are responsible for inquiring whether coverage is available in the area in which you want to use the service.

5.3.      In areas that the service is available, it is technically impracticable for us to guarantee that:

5.3.1.   the service is available in each place within an area where there is coverage,

5.3.2.   ‘drop-outs’ will not occur,

5.3.3.   there will be no delays in transferring data when switching between bearer networks, and

5.3.4    there will be no congestion on the network.

5.4.      For the latest coverage information visit www.optus.com.au/coverage.

5.5. The speed of data transmitted using the service will vary depending on the following factors:

5.5.1.   The network used to connect to the service.  You will not experience broadband speeds where only GSM coverage is available (including in Tasmania and the Northern Territory).

5.5.2.   The distance you are from a mobile tower;

5.5.3.   The capacity and load of the mobile tower;

5.5.4.   Your equipment and software;

5.5.5.   The number of users sharing the network;

5.5.6.   General activity on the Internet; and

5.5.7.   Speed and capacity of the server you are accessing.

5.6.      Theoretical maximum download speeds on the network are up to 3.6Mbps and in selected locations up to 7.2Mbps. The average speed is between 512kbps and 1.5Mbps. Many factors affect mobile broadband speeds, including volume of internet traffic, your equipment, location, software and source of your download.

6. Service supply

6.1.      We may modify aspects of the service and the delivery of the service to you if it is necessary to do so for the efficient operation of the network.  We may, for example:

6.1.1.   deliver access and content via proxy servers and caches,

6.1.2.   manage the network to prioritise Internet traffic of certain types or users over others,

6.1.3.   manage the bandwidth available to certain types of data, such as peer to peer traffic;

6.1.4.   block or filter specific Internet ports,

6.1.5.   block incoming and outgoing e-mail messages which exceed 10 megabytes in size,

6.1.6.   limit the number of addresses to whom an outgoing e-mail can be sent, or

6.1.7.   refuse to accept incoming e-mail messages to mailboxes that have exceeded the e-mail storage limit.

7. Service use

7.1.      Any username you elect to use in conjunction with the service must meet our specifications as advised when you apply for the service.  We reserve the right to delete usernames that we consider offensive, defamatory, illegal or otherwise inappropriate without notice.

7.2.      We are not responsible for any Internet content that may be obtained via the service.

7.3.      In order to provide you the service, we may collect certain information about the performance of the service, your computer and your use of the service.  Subject to clause 7.4, unless we are permitted or required to do so under our privacy policy, we will not use this information to identify you.

7.4.      You consent to us disclosing your details (including any listed or unlisted telephone numbers, address, account history and the services supplied to you to our wholesale carrier.

7.5.      You agree to allow us and our wholesaler to use that detail in order to facilitate the supply of the services to you and for marketing purposes.

7.6.      You must:

7.6.1.   comply with our Acceptable Use Policy when using the service, and

7.6.2.   ensure that the software you use with the service is properly licensed.

7.7.      You must not:

7.7.1.   resell, share or otherwise distribute the service (or any part of the service) to any third party without our prior written consent; or

7.7.2.   run or provide network services to others via the service.

7.8.      We may monitor your service to ensure that you are complying with the agreement.  We are entitled to investigate any misuse of the service, including any breach of the Acceptable Use Policy, and may involve police or other law enforcement agencies in doing so.  If we find that you have misused the service, we may recover from you any costs of investigating that misuse.  If your misuse causes loss to another user and we are required to pay compensation to that user, we may require you to reimburse us.

7.9.      If you breach clause 7.6 or clause 7.7 above, we may, in addition to and without limiting our other rights, immediately suspend or cancel the service without further notice.

8. Wholesale Carrier Terms and Termination

8.1.      We acquire this service from our wholesale carrier.

8.2.      If our wholesale carrier ceases to provide the service, we may terminate your customer contract for these services, on notice to you.

8.3.      We will endeavour to provide you with at least 14 days notice of termination under clause 8.2, where practicable but we are not liable for any loss or damage which arises from termination of a customer contract under this clause 8.

8.4.      Our wholesale carrier shall not be liable to you, whether in contract, tort (including negligence) or otherwise, in relation to the service or any delay or failure to provide the service.

8.5.      You will only send or receive content using the service for your own personal or business use.  You warrant that you are not a Carrier or Carriage Service Provider.

8.6.      If you become a Carrier or Carriage Service Provider, then either we or our wholesale carrier may immediately cancel the service by notice to you, in which event either we or our wholesale carrier (as the case may be) will negotiate with you in good faith to enter into an agreement for supply of the service to you on terms to be agreed.

9. Software

9.1.      You are granted a non-exclusive licence to use the software provided with the approved modem subject to the end user agreement provided with the software at the time of installation.

9.2.      We do not make any warranty or representation regarding the performance of any software provided to you in connection with the service as it operates on your computer.  This does not affect our obligations under any statutory warranties.

9.3.      You must not disassemble, decompile or reverse engineer any software provided by us or our wholesale carrier.

10. Dictionary

10.1.    In these service terms, unless the context indicates otherwise:

approved modem mobile broadband modems approved by us for use with the service.  The approved modems can be found at: au.pacnet.com/terms-and-conditions/mobile-broadband-service-terms/mobile-broadband-approved-hardware/
Carrier or Carriage Service Provider has the same meaning as those terms are defined in the Telecommunications Act 1997 (Cth)
data allowance the amount of maximum data usage that can be used at in a given billing month as set out in your pricing plan.  Data allowance is measured in Megabytes (MB) (1 Gigabyte (GB) = 1000 MB).
data usage the amount of data that you have uploaded and downloaded in a given billing month.  Data usage is measured in MB.
minimum system requirements the minimum computer hardware and operating systems software required for connection and customer support.  The minimum system requirements can be found at: au.pacnet.com/terms-and-conditions/mobile-broadband-service-terms/mobile-broadband-approved-hardware/
network our wholesale carrier’s 3G/HSPA network, used to transmit 3G services (including HSPA services) at 2100MHz and 900MHz frequencies.
SIM card the subscriber identity module (SIM) card which, when inserted into your equipment gives you access to the service.
wholesale carrier Optus Networks Pty Limited (ABN 92 008 570 330) and its related bodies corporate.