Foxtel Broadband & Home Phone

Agreement

Effective from 23 February, 2016

Foxtel Broadband on ADSL Service Description

CONTENTS

1. ABOUT THIS SERVICE DESCRIPTION 1

2. FOXTEL BROADBAND ON ADSL 1

3. PLANS 1

4. MINIMUM TERM 2

5. REQUIREMENTS AND RESTRICTIONS 2

6. SERVICE ACTIVATION 5

7. EXTRAS 6

8. BUNDLE TERMS 6

9. FAULT RECTIFICATION & SUPPORT 7

10. USAGE ALLOWANCE AND SHAPING 7

11. QUALITY AND PERFORMANCE 8

12. IP ADDRESSES 9

13. MOVING TO THE NBN & OTHER SERVICES OR PLANS 9

14. DEFINITIONS 10

If you receive Foxtel Broadband on ADSL, this Service

Description forms part of your Foxtel Broadband & Home

Phone Agreement

This Service Description describes Foxtel Broadband on ADSL

and sets out some of the terms on which we will supply Foxtel

Broadband on ADSL to you.

2.1 Foxtel Broadband on ADSLFoxtel Broadband on ADSL is an Internet access service that

is supplied up to the Network Boundary Point in your Home

using ADSL technology.

2.2 Network Boundary PointWe are responsible for supplying Foxtel Broadband on ADSL

up to the Network Boundary Point in your Home. We are not

responsible for anything on your side of the Network Boundary

Point (except for faults caused by any Foxtel Supplied

Equipment during its Warranty Period).

You are responsible for everything on your side of the

Network Boundary Point, including your computers, devices,

home cabling and home networks, but excluding faults caused

by any Foxtel Supplied Equipment during its Warranty Period.

2.3 ADSL technology Foxtel Broadband on ADSL is supplied using high frequency

spectrum of an active telephone line that is ADSL compatible.

Like all Internet access services supplied using ADSL

technology, Foxtel Broadband on ADSL provides higher data

transfer rates for downloads and lower data transfer rates for

uploads.

We will prioritise ADSL2+ services over an ADSL 8Mbps

service if ports are available.

We offer to supply the Foxtel Broadband on ADSL service in

accordance with different Plans. You must choose to receive

the Foxtel Broadband on ADSL service in accordance with

one of these Plans.

The Plans and pricing for the Foxtel Broadband on ADSL

service are set out in the Price Guide.

1. ABOUT THIS SERVICE DESCRIPTION

2. FOXTEL BROADBAND ON ADSL

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3. PLANS

You can acquire Foxtel Broadband on ADSL for the Minimum

Terms set out in the Price Guide.

Your Minimum Term will be set out in your Application for Foxtel

Broadband on ADSL as accepted by us or will be subsequently

agreed with us in accordance with this Agreement.

If you are receiving Foxtel Broadband on ADSL as part of a

Bundle, your Minimum Term will be set out in your Application

for the Bundle as accepted by us or will be subsequently

agreed with us in accordance with this Agreement.

5.1 Availability Selected areasFoxtel Broadband on ADSL is only available in selected areas

that are covered by the Supplier Network. If your Home is

not located in an area in which we supply Foxtel Broadband

on ADSL, we will not be able to supply Foxtel Broadband on

ADSL to your Home.

Active and compatible telephone lineWe can only supply Foxtel Broadband on ADSL to your Home

using an active telephone line that is ADSL compatible.

An active telephone line must be a telephone line over which

a basic telephone service is being supplied, whether by us or

another service provider. An ADSL compatible telephone line

is one that is capable of supporting supply of ADSL services

and must be on the Telstra or Telstra Wholesale networks.

We may perform certain tests and/or make certain enquiries

to determine whether the telephone line over which you have

asked us to supply Foxtel Broadband on ADSL is an active

telephone line that is ADSL compatible. If any of our tests or

enquiries shows that the telephone line over which you have

asked us to supply Foxtel Broadband on ADSL is not an active

telephone line that is ADSL compatible, we will not be able to

supply Foxtel Broadband on ADSL to your Home.

Network availability and capacityWe can only supply Foxtel Broadband on ADSL to your

Home where there is sufficient availability and capacity on the

Supplier Network to so do. This includes available ports on our

Supplier’s DSLAM at your local telephone exchange.

We can supply a maximum of one (1) Foxtel Broadband on

ADSL service to your Home at any one time.

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4. MINIMUM TERM

5. REQUIREMENTS AND RESTRICTIONS

Other factorsThere may be other commercial, operational or technical

reasons why we cannot supply Foxtel Broadband on ADSL

to your Home. If any of these reasons prevents us from being

able to supply Foxtel Broadband on ADSL to your Home, we

will notify you of the nature of those reasons.

5.2 Permission to use the telephone lineYou must either:

• be the account holder for the basic telephone service

being supplied over the telephone line in respect of which

you have asked us to supply Foxtel Broadband on ADSL;

or

• have the express permission of that account holder to use that

telephone line for the supply of Foxtel Broadband on ADSL.

You warrant to us that you satisfy either of these requirements.

5.3 Reliance on the telephone lineFoxtel Broadband on ADSL relies on the existence of an active

telephone line that is ADSL compatible (as set out in clause 5.1).

You must either:

• maintain supply of the basic telephone service over the

telephone line in respect of which you have asked us to

supply Foxtel Broadband on ADSL; or

• ensure the account holder for that basic telephone service

maintains supply of that basic telephone service.

Certain events and circumstances that occur in relation to that

basic telephone service and/or telephone line may prevent us

from supplying Foxtel Broadband on ADSL to you.

Where an event or circumstance occurs in relation to that basic

telephone service and/or telephone line and that event or

circumstance prevents us from supplying Foxtel Broadband on

ADSL to you, we may immediately cancel and stop supplying

your Foxtel Broadband on ADSL service, even during the

Minimum Term of that Service. If we cancel your Foxtel

Broadband on ADSL service, you may need to pay an Early

Termination Fee for that Service.

By way of example only, the occurrence of any of the following

in relation to that basic telephone service and/or telephone

line may prevent us from supplying Foxtel Broadband on ADSL

to you:

• any suspension or cancellation of the basic telephone

service being supplied over that telephone line;

• any change to the account holder of the basic telephone

service being supplied over that telephone line;

• any change to the telephone number associated with that

basic telephone service; or

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• any change to that telephone line that renders it inactive

or incompatible with ADSL.

5.4 Effect on other services supplied over the telephone lineLike all Internet access services supplied using ADSL

technology, your Foxtel Broadband on ADSL may affect

the basic telephone service being supplied over the same

telephone line.

You may experience minor disruptions to your basic telephone

service being supplied over the same telephone line, including

when we establish and activate your Foxtel Broadband on

ADSL.

5.5 Incompatible products and servicesWhile you are receiving your Foxtel Broadband on ADSL, you

may not be able to access or use some other products and

services that are incompatible with Internet access services

supplied using ADSL technology. This may include some types

of fax machines and phone systems. If you have any questions

about this, please contact us.

5.6 System Requirements and Required EquipmentIn order to receive Foxtel Broadband on ADSL, you must:

• meet (and continue to meet) all of our System

Requirements; and

• install and operate all of the Required Equipment in

accordance with our instructions.

Where you connect a telephony device to the telephone line

over which you are receiving your Foxtel Broadband on ADSL

service, you must install filters and/or splitters in accordance

with our instructions. If you don’t comply with this obligation,

your basic telephone service may suffer from interference and/

or your Foxtel Broadband on ADSL service may not work.

5.7 Foxtel HubIf you acquire a Foxtel Hub with your Foxtel Broadband on

ADSL service, then we will deliver the Foxtel Hub to your

Home, unless you have requested an alternative delivery

address or method.

We will supply a self-install kit with your Foxtel Hub. You must

follow the self-install kit instructions to be able to activate and

receive your Foxtel Broadband on ADSL service. We are not

responsible if you do not install the Foxtel Hub in accordance

with the self-install kit instructions and by the date we activate

the Service.

The Foxtel Hub will be network locked for use in connection

with the Foxtel Network. This means that you may not be able

to use the Foxtel Hub to receive broadband services from

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any service provider other than Foxtel. Except to the extent

we may be required by law, we will not support your use of

the Foxtel Hub to receive broadband services from third party

service providers.

5.8 Other ADSL ModemsIf you do not acquire a Foxtel Hub then we will assume that

you wish to use your own ADSL modem with your Foxtel

Broadband on ADSL service.

We will send you a unique internet device username and

password that you will need to manually enter into your ADSL

modem’s interface in order to activate and receive your Foxtel

Broadband on ADSL service. We are not responsible if you do

not install your own ADSL modem correctly and by the date

we activate the Service.

If you are using your own ADSL modem and subsequently

decide, or are required, to acquire a Foxtel Hub, then, if

available, we will provide you with a Foxtel Hub and will

charge you the applicable equipment fee specified in the

Price Guide.

5.9 No changes to your ServiceWe may be required by law, not to permit any changes to your

Foxtel Broadband on ADSL service during certain periods

(e.g. during an NBN cease sale period).

5.10 Service movesIf you wish to move your Service to another service

provider, you must contact that new provider to organise

the disconnection from us. If you wish to cancel your Service

without moving to another provider, we will arrange the

disconnection.

We will use our best efforts to start supplying your Service

between 3 and 20 business days after we accept your

Application.

We rely on our Suppliers to supply your Services and this may

affect when we can start supplying them to you.

If priority connect is available, and this will reduce your Service

activation time, we may offer you this service.

We will charge you an activation fee as specified in the Price

Guide, for activation of your Foxtel Broadband on ADSL

service. An additional fee may apply for the priority connect

service.

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6. SERVICE ACTIVATION

Data Top UpsIf you acquire a Data Top Up, then these terms will apply to you.

Data Top Ups are blocks of additional data available for

purchase that apply once you’ve exceeded your Usage

Allowance, should a Usage Allowance apply to your Foxtel

Broadband on ADSL Service. You may acquire as many Data

Top Ups in a Bill Period, as required.

If a Usage Allowance applies to your service and you exceed

it, we will Shape your access speed on the Foxtel Broadband

on ADSL network in accordance with clause 10.3 below. A

Data Top Up will remove the Shaped access to the Foxtel

Broadband on ADSL network for the additional data allowance

specified in the Data Top Up.

If you exceed your additional data allowance specified in the

Data Top Up, we will also Shape your access speed on the

Foxtel Broadband on ADSL network in accordance with clause

10.3 below.

The additional data allowance in a Data Top Up must be used

within the Bill Period that it was purchased. Any unused data

allowances in a Data Top Up will not rollover to subsequent

Bill Periods. Your Usage Allowance will continue to apply in

subsequent Bill Periods.

Data Top Ups are available for purchase through

www.foxtel.com.au/myaccount or by calling 131 999.

Pricing details of Data Top Ups are set out in the Price Guide.

If you acquire your Foxtel Broadband on ADSL service as part

of a Bundle, then these Bundle Terms will apply to you.

• The Foxtel Broadband on ADSL service must be supplied

to the same physical address as all other Services in the

Bundle.

• All Foxtel Services that form part of a Bundle must be

billed in the one Foxtel bill.

• There is a limit of one Foxtel Broadband on ADSL service

per Bundle.

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7. EXTRAS

8. BUNDLE TERMS

Where a fault in relation to your Service is caused by the

Foxtel Network, we will use our best efforts to rectify the fault

within 72 hours after you have reported the fault to us, but it

may not always be possible for us to do so.

Where a fault in relation to your Service is caused by a

Supplier Network, we will use our best efforts to ensure that

our Supplier rectifies the fault within 5 business days after

we have notified them of the fault, but it may not always be

possible for us to do so.

10.1 Usage AllowancesYour Plan may be subject to a Usage Allowance. Usage

Allowances apply in respect of a whole Bill Period. Both

downloaded and uploaded data count towards a Usage

Allowance.

You must, and you must ensure that any person who accesses

your Foxtel Broadband on ADSL service, only use the Service

in compliance with the Foxtel Fair Use Policy.

10.2 Unmetered usageIf you receive Foxtel TV, then your Foxtel video content will

be unmetered. This unmetered content will continue to be

supplied to you at the full, unshaped, connection speed even

when you have consumed your Usage Allowance, should a

Usage Allowance apply to your Foxtel Broadband on ADSL

service.

10.3 Consequences of exceeding a Usage AllowanceIf you exceed any Usage Allowance that applies to your Foxtel

Broadband on ADSL service during a Bill Period, subject to

clause 10.2, we may Shape the access speed of your Foxtel

Broadband on ADSL service to 256kbps for upload and

download from the time at which you exceed the Usage

Allowance to the end of the Bill Period in which you did so.

No additional fees apply.

If you upgrade your Plan or acquire Data Top Ups, your

Service will be Shaped if you exceed the Usage Allowance

within your new Plan (should a Usage Allowance apply) or the

Data Top Up you have purchased.

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10. USAGE ALLOWANCE AND SHAPING

9. FAULT RECTIFICATION & SUPPORT

10.4 Usage notificationsUnless we agree with you otherwise, we may notify you by

email to your primary email address when your data usage has:

• exceeded 50% of your Usage Allowance during a

Bill Period; and/or

• exceeded 85% of your Usage Allowance during a

Bill Period; and/or

• exceeded 100% of your Usage Allowance during a

Bill Period.

If you have upgraded your Plan or acquired a Data Top Up,

then any additional data allowance specified in that new Plan

or Data Top Up will be taken into account when providing your

data usage notifications.

10.5 Checking your usageYou can check your usage of your Foxtel Broadband on ADSL

service through your Online Account. This usage information is

updated approximately every 15 minutes.

10.6 No rollover of unused Usage AllowanceWe will not rollover any unused Usage Allowance (should

one apply to you) or Data Top Up for a Bill Period into a

subsequent Bill Period.

10.7 Usage Allowance Reset Usage Allowances and Data Top Up allowances will be reset

at 12.01am Australian Eastern Standard Time on the first day of

each Bill Period.

11.1 Supply on a “best efforts” basisFoxtel Broadband on ADSL is a “best efforts” Internet access

service.

This means that supply of your Foxtel Broadband on ADSL and

your access to the Internet will not be continuous, fault-free,

accessible or available at all times.

11.2 Data transfer rates and rates of latency, jitter and lossWe do not represent, warrant or guarantee that Foxtel

Broadband on ADSL will achieve any particular data transfer

rates or any particular rates of latency, jitter or loss.

All data transfer rates are theoretical network maximum data

transfer rates based on our tests or tests of our Supplier.

The data transfer rates you experience when using Foxtel

Broadband on ADSL depend on a number of variables,

including:

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11. QUALITY AND PERFORMANCE

• the length, configuration and quality of the copper line

between your Home and your local telephone exchange;

• the number and types of services being supplied to other

end users over the same line;

• electrical interference from external sources;

• the configuration and quality of the communications wiring

within your home;

• the hardware and software you are using; and

• the capacity of, load on and access data rate of the

destination host computer.

We will allocate dynamic IP addresses to you for use in

connection with your Foxtel Broadband on ADSL. Any IP

addresses we allocate to you will remain our property.

Typically, we will allocate you a new dynamic IP address

whenever your modem is switched on or rebooted and we

will maintain that allocation until your modem is switched off

or rebooted. We may, in our discretion, allocate you a new

dynamic IP address or change the dynamic IP address you

have been allocated at other times and for other reasons.

We may elect to move your Foxtel Broadband on ADSL

service to another Foxtel Broadband service or Plan, including

a Foxtel Broadband on NBN service (if available), that we

believe is reasonably comparable to your current plan, by

giving you at least 30 days notice.

If we elect to move you to another Foxtel Broadband service or

Plan (other than to migrate you to a Foxtel Broadband on NBN

service) and this move adversely affects you (other than in a

minor way), you may cancel your Service provided you notify us

of your intention to do so within 14 days of receiving our notice

regarding the move. If you cancel in this way, you will not need

to pay any otherwise payable Early Termination Fee.

If we notify you of our intention to migrate you to a Foxtel

Broadband on NBN service and you do not wish to migrate

to the NBN with us, you must notify us of this within 14 days

of receiving our notice regarding the proposed move. If

you provide this notice we will continue to provide Foxtel

Broadband on ADSL to you until we are required by law

to disconnect this Service and move you to the NBN or

you cancel your Foxtel Broadband on ADSL service. If you

cancel in this way, you will need to pay any applicable Early

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13. MOVING TO THE NBN & OTHER SERVICES OR PLANS

12. IP ADDRESSES

Termination Fee unless this move to the NBN adversely affects

you (other than in a minor way). We may be required by law to

disconnect your Service, even during the Minimum Term for

that Service. If your Service is disconnected, there may be a

delay in the provision of a new service on the NBN due to third

party suppliers.

If we migrate you to a Foxtel Broadband on NBN service, we

will use our best efforts to minimise any disruption to your

Internet access during this transition. To do so, we may overlap

supply of your existing Foxtel Broadband on ADSL with supply

of your new Foxtel Broadband on NBN service.

If this is not practicable, we may cancel and stop supplying

your existing Foxtel Broadband on ADSL before we start

supplying your new Foxtel Broadband on NBN service. For

certain NBN technologies, excluding FTTP, you will require

a new Foxtel Hub to access your Foxtel Broadband on NBN

service.

In this Service Description, where a word or phrase is

capitalised and defined in:

• the definitions section of the General Terms, that word

or phrase will have the meaning given to it in that

definitions section; or

• this clause 14, that word or phrase will have the meaning

given to it in this clause 14.

ADSL means asymmetric digital subscriber line.

DSLAM means digital subscriber line access multiplexer.

Network Boundary Point, in respect of your Home, means the

network boundary point determined under section 22 of the

Telecommunications Act 1997 (Cth).

Required Equipment, in respect of Foxtel Broadband on

ADSL, means:

• a Foxtel Hub or compatible ADSL modem;

• a device, or devices, equipment with either an Ethernet or

WiFi network adapter;

• an Ethernet cable when connecting the Foxtel Hub or

other modem to an Ethernet network adapter (Foxtel will

supply one (1) Ethernet cable with Foxtel Hub); and

• where you connect a telephony device to the telephone

line over which you have asked us to supply your Foxtel

Broadband on ADSL, an ADSL filter for that telephony

device. Foxtel will supply one (1) ADSL filter with the

Foxtel Hub.

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14. DEFINITIONS

Shape or Shaping, in respect of a Plan, means a reduction of

the maximum download data transfer rate achievable by your

Foxtel Broadband on ADSL to 256kbps.

System Requirements means:

(a) for PC, the following minimum requirements:

• Windows, XP (SP3)

• Pentium 1Ghz or equivalent

• 256 MB RAM (Windows XP)

• 512 MB RAM (Windows Vista)

• 1GB RAM (Windows 7/8 32-bit)

• 2GB RAM (Windows 7/8 64-bit)

• Internet Explorer version 6.0+

(b) for Apple Mac, the following minimum requirements:

• Mac OS X 10.4, 10.5, 10.6 or 10.7

• 512 MB RAM (OS X 10.4)

• 1 GB RAM (OS X 10.5/10.6)

• 2 GB RAM (OS X 10.7)

• Safari version 5

Usage Allowance, to the extent that one applies to your Plan,

means the maximum amount of data that can be downloaded

and uploaded using your Foxtel Broadband on ADSL service

on that Plan in a Bill Period (being a month). For example,

if you are on a 100GB Broadband Plan then your Usage

Allowance will be 100GB per Bill Period.

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FX03992 0216

For all enquiries call 131 999