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Standard Form of Agreement PDF

CRITICAL INFORMATION SUMMARY
Varsity Internet Pty Ltd’s (Varsity Internet) Fibre to the Home/Fibre to the Rise is a stand-alone high speed broadband service delivered to the premises’ Network Boundary Point using optical fibre cable or fixed wireless.

Requirements & Availability
If you intend to use “WI FI” and or multiple devices on your service, you will require an Ethernet router or ‘home gateway’ to connect your Fibre to the Home/Fibre to the Rise broadband service. You can purchase a suitable router at an additional cost from Varsity Internet if you do not have a suitable router.
Fibre to the Home/Fibre to the Rise broadband is only available within certain serviceable areas and may not be available in all areas or premises. There may be technical or commercial reasons that may affect our ability to connect a service at your address.
You can verify the availability of Varsity Internet Fibre to the Home/Fibre to the Rise broadband by contacting (07) 5512-6102 or (02) 8405 7526 or Email enquiries@varsityinternet.com.au.

Limitations & Line Speeds
The download and upload speeds stated are the maximum that can be delivered through the network access port. Actual internet data transfer speeds may vary. Varsity Internet makes no guarantees of any kind on the actual speeds experienced by customers. Actual speeds may vary as they are affected by external factors including but not limited to:
The number of end-users at the premises using the service at the same time.
The operating system, hardware, software, and connection method (wireless or fixed). The congestion of the network supplier’s connection.
The type or source of the content being downloaded by the end-user.

Minimum Term
Varsity Internet Fibre to the Home / Fibre to the Rise broadband is available for a minimum term of either a Month-to-Month contract or 24-Month contract.

Information About Pricing

Connection Fee
A Month-to-Month contract requires an initial connection fee of $99.00 to set up the connection.
A 24-Month Contract has a $0 initial connection fee. You are liable for any early cancellation charges if you cancel your service during the initial 24-Month period.
Early Termination Charge
Should you cancel your service during the Minimum Period/Contract term you will be charged a termination fee. The termination fee is calculated by multiplying the remaining months of your Minimum Period/Contract term by the monthly service fee. Additionally you may be charged for any hardware that has been provided to you and not returned to Varsity Internet.
Total Maximum Monthly Cost
The Total Maximum Monthly Cost depends on whether you have upgraded your download speed.

Monthly Total Minimum Cost Unit Cost
Allowance Charge Month-to-Month 24-Month 1 GB
100 GB $59.95 $158.95 $1,438.80 $0.60
500 GB $69.95 $168.95 $1,678.80 $0.13
UNLIMTED $79.95 $178.95 $1,918.80

* Excess usage: No extra cost for excess data usage. Users on a 100 GB / 500 GB plan will be speed
shaped to 256 Kbps / 256 Kbps after the data limit has been exceeded. No speed shaping for Unlimited Plan.Total Minimum Cost
The Total Minimum Cost for the Month-to-Month Contract is based on the initial connection fee plus first month of monthly plan charges.
The Total Minimum Cost for the 24-Month Contract is based 24 months of monthly plan charges.

Excess Usage Charges
No excess usage charges will be applied to your broadband service. Speed shaping to 256 KBS will be applied to your account until your next bill cycle if you do exceed your download allowance. You may upgrade your data allowance at any time by contacting (07) 5512-6102 or (02) 8405 7526 or
Email: enquiries@varsityinternet.com.au.

Credit Card Surcharge
A Credit Card surcharge of 3% will be charged for all Visa or MasterCard transactions and 7% for all American Express transactions.

Speed Change
If you choose to change the speed of your Fibre to the Home/Fibre to the Rise broadband service after we connect the service, a charge of $50.00 will be applied to your account.
Other Information

Usage Information
Customers can obtain the broadband usage at their premises by logging into http://users.varsityinternet.com.au using the username and password we provide you during the initial setup.

Customer Service Contact Details
You can contact Varsity Internet’s customer service team at (07) 5512-6102 on the Gold Coast and (02) 8405-7526 in Sydney. Customer service hours are weekdays, 9:00am to 5:00pm AEST or Email: enquiries@varsityinternet.com.au.

Customer Complaints
You can contact Varsity Internet concerning any dissatisfaction with our service through our customer service department; alternatively you can email us at complaints@varsityinternet.com.au for our internal dispute resolution process.

Telecommunications Industry Ombudsman
If we are unable to resolve your complaint, you can contact the Telecommunications Industry Ombudsman on 1800 062 058. You can also visit www.tio.com.au/about-us/contact-us for more information.

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Financial Hardship Policy
We understand that financial hardship can be either limited or long term in duration, and may be the result of a variety of factors or events, such as:
*The loss of employment of you or a family member;
*A family breakdown;
*Illness including physical incapacity, hospitalisation, the mental illness of the consumer or a family member, a death in the family;
•Natural disaster
If an extension is required to pay an account, customers should contact us prior to receiving their monthly account or reminder notice. We may be able to arrange a payment plan which will allow payment by instalments if the circumstances are eligible under our Financial Hardship Policy. It is important that we are advised prior to the account’s due date to prevent late payment fee/s that may apply as per the terms of the customer’s contract.

Please contact us using any of the contact methods below:
Financial Hardship
The Telecommunications Consumer Protections Code C628:2012 defines Financial Hardship as a situation
where a customer is unable to discharge of the financial obligations in relation to our services but where
the customer expects to be able to do so over time if payment arrangements are changed.

Contact Us
We encourage you to contact us if you experience any difficulties paying our services.
Telephone*
(07) 5512-6102 Gold Coast (02) 8405 7526 Sydney
Email
enquires@varsityinternet.com.au
Registered Mail
Varsity Internet Pty Ltd. 11/226 Varsity Parade. Varsity Lakes, QLD 4227
* Weekdays from 9:00am to 5:00pm AEST– except Public Holidays

The Process:
When assessing your eligibility for Financial Hardship, we may ask you to provide certain documents such as
A statutory declaration or official written communication from a person or support group that is familiar with your circumstances,
Evidence that you consulted a recognised financial counsellor,
A statement of your financial position.

We may not be able to make an assessment of your circumstances if you do not provide us with the
requested information. We may use the information you provide as well as other information available to
us. Once we have received all required information, we will let you know within 7 working days whether
you are eligible for assistance under our Financial Hardship Policy.

If you are eligible under our Financial Hardship Policy, we will work with you to come to an arrangement
that allows you to pay your outstanding charges in a way that does not worsen your financial position.
Generally, we will structure your payment plan to help you repay the debt at a rate that you can manage, to ensure that you do not go further into debt under the arrangement.

We will not charge you for assessing your Financial Hardship circumstances or for administering the matter.

Where appropriate, we will discuss means with you how to limit your spend which may include barring
some service features during the time of our arrangement and thereafter.

Once we come to an agreement, we will put this in writing via letter or email to you. You must inform us if
your circumstances change (for better or for worse) during our arrangement.

Finding a Financial Counsellor
You can talk to a phone financial counsellor from anywhere in Australia by ringing 1800 007 007 (minimum
opening hours are 9.30 am – 4.30 pm Monday to Friday). This number will automatically switch through to
the service in the State or Territory closest to you.
Alternatively, you can find the financial counselling service nearest to you by visiting
http://www.financialcounsellingaustralia.org.au/Corporate/Find-a-Counsellor.

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Data Service Application Terms & Conditions
(“You/The Principal Account Holder”) agree to acquire communication services set out by Varsity Internet Pty Ltd (“Us/Our/We”) ABN 94 160 316 101 in accordance with the Varsity Internet Terms & Conditions.

Compliance with Terms & Conditions
You acknowledge receipt of the Terms & Conditions and that you agree to these Terms & Conditions.

Term
You agree that your initial data service contract is for a minimum 1 month duration for a Month-to-Month service or 24 months for a 2 year contract.
After the initial first month contract period, your contract will automatically renew in 30 day intervals until you provide written notice to Us for the Month-to-Month service. If you decide to cancel before the end of your initial contract period for the 2 year contract, a $ 200.00 charge, as a recovery of administration costs and not as a penalty.

Commencement of Service
Upon completion of this form and payment of the requisite fee, we will endeavor to install your service in the shortest turn-around time possible. Our general service standard is 5 clear working days from the date of receiving this application. Where there is a complication, or a difficult area to install to, this may increase to as many as 10 clear working days. Where we are not able to install your service once we have committed to provisioning your service, all amounts paid by you will be refunded in full within 10 clear working days from the date we advise you that we are unable to provision your services. Where You or your agents, including building managers, lessors or agents; or, flat mates or friends, impede Us or Our agents in any way from in stalling your services in a timely manner, our service standards will be extended by at least one clear working day for each instance described above.

Quality of Service
Subject to your rights under the Competition and Consumer Act 2010 or other relevant legislation (including the Australian Consumer Law), You understand and agree that Varsity Internet’s service, irrespective of tier of service selected, is a “Consumer Grade” service. This means that critical data cannot be guaranteed to reach its recipient, and no warranty, express or implied, is provided with respect to transmission of data from You to your intended recipient.
You further understand and agree that any representation with regard to speed, anticipated speed, average speed or any other claim with regard to Our service’s speed is indicative of average speeds only. Varsity Internet cannot and does not for the purpose of this agreement undertake to guarantee any speed to a premise, as factors such as weather, interference and network congestion may affect the network. Varsity Internet warrants that speeds provided will be fit for purpose as required by the Australian Consumer Law.

Privacy
You authorize Varsity Internet to obtain personal and commercial credit information from credit reporting agencies in order to process this application. You further agree that We may require identification and personal information to complete these checks, and that you may decline to provide this information and withdraw this application at any time before your Connection Fee has been paid or the service has been provisioned.
Varsity Internet may collect, use and disclose personal information about the Customer for purposes related to the supply of the Service including invoicing and account management, business planning and product development, and to provide information about promotions.
Varsity Internet may provide your personal information to suppliers and other third parties for the purpose of supplying the service to You.

Plans & Shaping
You may at any time in the duration of your term with us increase or decrease the tariff paid and Cap allotment provided to You in accordance with the plans that Varsity Internet provides services for. An administrative handling fee of $50.00 will be applied to your account for an increase or decrease of speed. You may elect to make of these changes per 30 day billing cycle. All tariff changes become effective from the day You authorize the change. Should you exceed your Cap, your broadband connection speed will be reduced to 256 KBS (symmetrical) until the proceeding billing month or you elect to increase your data cap. All traffic, upload and download, is counted as part of your monthly bandwidth quota. Varsity Internet may impose restrictions over usage that, in our reasonable opinion, is fraudulent or adversely affects the relevant network or other customers’ use and access of the network or service.

Data Service Application
Set up Charges $99.00
Varsity Internet set up charges:
Activation of new broadband service in dwelling with an existing broadband and voice service connection (NTU/ONU or Network Modem) $99.00
Installation of a broadband and voice service connection (NTU/ONU or Network Modem) $260.00
Broadband service speed change. $50.00
Broadband and voice early service disconnection $200.00

Support
You understand and agree that Our support hours are Monday to Friday 9am-5pm AEST and not is available on public holidays.
Varsity Internet support cannot support all computer, handheld or other electronic device configurations. We offer a list of Approved Routers on Our website. For your convenience, these are also for sale at our office and can be delivered, installed and configured for a small fee.
If You decide to use your own router, other than a model listed as an Approved Router on Our website, Our ability to offer You support will be extremely limited, and will generally require us to ask you to plug your electronic device directly into your Varsity Internet Connection Point in your dwelling by Ethernet (CAT5) cable.

Equipment
All equipment purchased from Varsity Internet is governed by a 12 month manufacturer’s warranty period. You agree to contact Varsity Internet regarding fault with equipment provided by Us; upon receiving notice, Varsity Internet will arrange with You to troubleshoot the device or arrange with the manufacturer to have it repaired or replaced if the device is in the warranty period.

Subject to Availability
All services are subject to availability and services are not available in all areas. If you decide to move, relocate, take leave or for any other reason move away from your Varsity Internet capable dwelling inside of your initial contract period, you must still pay the lesser of all outstanding charges for the duration of the term, or $200.00, as a recovery of administration costs and not as a penalty.

Location
You agree to use the Service only in the dwelling provided to Us.
Any sharing, repeating or extending of your connection constitutes a breach of this Agreement. This will be grounds for Us to terminate this Agreement with You, upon Us serving You written notice of Our intention to cancel your Service. Should we cancel your Service under this clause of the Agreement, you will be liable to pay any and all outstanding charges, including the lesser of all outstanding charges in your Term, or $200.00.

Billing
Recurring charges will be billed in advance and usage will be billed in arrears. As excess usage is shaped and not charged, your bill should generally be for the amount for the plan you have selected, plus any plan change fees.
Invoices will be sent electronically to your nominated email address as You have provided. You agree to have your nominated account debited on the date of Your Invoice. You acknowledge,and agree to pay in full, any and all setup fees at a rate set by Varsity Internet will apply and appear on my/ourfirst account. You agree to pay an administrative handling fee of $10.00 for each default payment You incur asa result of insufficient funds or negligence on Your part. Your account will be re-debited 3 days after a default payment has occurred. If these are any amount higher than those we have agreed upon, We will seek your approval before proceeding with setup.
A Direct Debit option is available to pay Your bill free of charge.A Credit Card surcharge of 3% will be charged for all Visa or MasterCard transactions and 7% for all American Express transactions.

Data Service Application

Indemnity
You agree to indemnify Us, Our agents, wholesalers, employees and contractors for any loss, damage, cost
or expense arising out of or a connection with this agreement, including those where your loss arises out of our negligence, direct or indirect actions.

Principal Account Holder Responsibility
You allow Us to take whatever action is necessary, including legal action, if You fail to pay for the supply of data services to the premises.
You, as Principal Account Holder, are solely and completely responsible for any and all charges incurred through your account, whether you, your agent or other person with your apparent authority incurred those charges. You will pay for all services supplied and charges incurred until written notification, has been provided to Us.

Minimum Costs
The minimum cost of this agreement is $158.95. This includes in its calculation setup fees and 1 whole or partial month’s usage. Your standard minimum cost will vary based on the Data Plan selected, and the duration you stay with us. The minimum monthly spend is $59.95 and varies based on which Data Plan you select.

Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These require that Our services must be fit for their purpose; provided or executed, as the case may be, with due care and skill; and, supplied within a reasonable period of time. None of the above diminishes or in any way alters your rights under the Australian Consumer Law.
I have read, understood and agree to this Agreement in its entirety, and agree to be subject to any or all of its Terms.

Severability
Where any term in this Agreement is found to be invalid, that term will be severed from the remainder of the Agreement and the Agreement will continue to operate, where possible.

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Complaint Handling Process – Summary

Varsity Internet Pty Ltd. (Varsity Internet) is committed to handling customer complaints in a fair, efficient and objective manner. We strive to solve any customer problems at first contact, however sometimes complaints need to be investigated. A Complaint Handling Process has been put in place to ensure all complaints are handled in an appropriate manner.

Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code) and responsibility for compliance with the process lies with our Chief Executive Officer.
We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first.

How to Make a Complaint
If you wish to complain, please contact us:
Weekdays from 9:00am to 5:00pm – except Public Holidays
Telephone
(07) 5512-6102 Gold Coast (02) 8405 7526 Sydney
Email
complaints@varsityinternet.com.au
Registered Mail
Varsity Internet Pty Ltd. 11/226 Varsity Pde. Varsity Lakes, QLD 4227

You can appoint an authorised representative or advocate to make a complaint on your behalf. To appoint an authorised representative, please view the Terms and Conditions page on http://varsityinternet.com.au/. Please download and complete the ‘Appointment of an Authorized Representative’ form and email it to us at complaints@varsityinternet.com.au or send the form through Registered Mail to the address listed above.

What we will do
We will acknowledge your complaint immediately if you talk to us over the phone, and within 2 working days if you have lodged your complaint through any other channel. We will give you timeframe for resolving your complaint. Our goal is to always fix your problem during your first contact with us. If this is not possible, we will then advise you accordingly within 15 business days of receiving your complaint. In the unlikely event that it will take longer than 15 business days to resolve your complaint, we will negotiate the timeframes with you. Once we have agreed on how to fix your problem, we will implement all actions required to fix the issue within 10 business days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.

You can follow up on your complaint by contacting us through any of the contact methods listed above.

Urgent Complaints
Your complaint will be treated as urgent
if you have applied for being in financial hardship under our Financial Hardship Policy and the issue you are complaining about directly contributes to the Financial Hardship you are experiencing, or
if your service has been disconnected or is about to be disconnected and due to an error on our part, orIn this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 business days. If there is a delay, we will explain why, provide you with a new expected timeframe.If you are unhappy with our effortsIf you are not satisfied with our resolution or the way we’ve handled the matter, we will escalate your complaint internally and you may request to raise your complaint with a manager. If you are still dissatisfied with the outcome, we will inform you about your options for external dispute resolution such as the TIO.Telecommunications Industry Ombudsman (TIO)We encourage you to always contact us first if you experience any problem or are unhappy. We will do our best to solve your problem during our first contact.You can contact the TIO as follows: Phone: 1 800 062 058Fax: 1 800 630 614Online: http://www.tio.com.au/making-a-complaint The services of the TIO are free of charge.