These terms are binding

These are the terms upon which we supply our services and the home gateway, USB modem and any other devices and equipment that you buy from us.

In these terms 'you' and 'your' mean the customer (that’s you!). ‘We’, ‘our’ and ‘us’ mean vividwireless Pty Limited.

‘Our services’ means the wireless broadband Internet access service specified in the plan that you have chosen.

By buying the home gateway or USB modem or other device or equipment from us or using our services you accept these terms just the same as if you had signed a piece of paper.

You must be at least 18 years of age to open an account for our services.

We may monitor your account to check that you are complying with these terms. If we do we will comply with our Privacy Policy. We may also investigate any alleged misuse of the service. We will cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally issued notices. We are also obliged to allow law enforcement agencies to monitor and intercept communications using our services under certain circumstances.

If you breach these terms in a serious way, we may terminate your account. 

Our Acceptable Use Policy (AUP) also applies to your use of the Services.  We may suspend or terminate your service if you breach the AUP.

If you buy anything from us online you will also be bound by the terms and conditions governing our online shop.

If you purchase from us through one of our promotional or special offers, you will also be bound by any additional terms and conditions that apply to those offers. You should read the additional terms and refer to our FAQ’s for more information.

Nature of our services

The home gateway is a wireless all-in-one Internet access device with three core features:

  • Ethernet (fixed) connectivity to your computer.  Connect your computer to the device with an Ethernet cable for Internet access.
  • Wi-Fi (wireless) connectivity. Wi-Fi enabled devices in its range (up to 30 metres indoors) can connect to the Internet.
  • Voice capability and a telephone connection enabling the device to be used to make telephone calls over the Internet. You can use this service to avoid fixed line phone rental charges and to generally reduce your telephone bill.

The USB modem is a pocket-sized modem key.  Plug it into the USB port on your laptop or PC and connect to the Internet wirelessly.

The USB modem booster is a high gain external antenna that is specifically designed to work with the USB modem, boosting its signal. Customers whose signal is affected by environmental factors or are some distance from a base station, could benefit from the USB modem booster – it just sits on your desk or table next to your computer, ideally near a window.

Our services provide wireless broadband access for the period and up to the usage allowance specified on the pre-paid voucher that you have chosen. You can check your usage in the 'My Account' section of the website.

Details of each plan (including promotional offer) and voucher we offer are available on the plans and prices page of our website. Those details form part of these terms.  If you buy additional features from us that complement the services, they will be subject to the terms and conditions detailed on our website.

We will provide our services to you in accordance with these terms, using reasonable skill and care.

We will make sure that the services do everything that we say they will do as far as it is reasonably within our control to do so.

Using our network

You should be able to use our services indoors or outside within our network coverage area.

We use the residemtial address information that you give us when you buy from us online or over the phone to check whether you fall within our network coverage area, and whether we can provide our services to you. You should always do this in store or on line before you buy our products from a retailer.

Unfortunately, like all wireless services, we cannot guarantee the availability of our services in advance, as there may be places within our network coverage area where you cannot receive the services because of unusual terrain or other environmental circumstances. If this happens to you, we offer a 14 day money back guarantee.  See below for more detail on how it works. 

Availability of our services

We try our best to ensure that our services are available to you within our network coverage area at all times. Sometimes availability is affected by factors outside our control, such as prolonged interruptions to power supplies.

Speed may be affected by environmental factors or by the volume of traffic that the base station you are connected to is experiencing. For this reason we cannot guarantee that our services will be available to you all the time, or that speeds won't vary from time to time.  The speed that you receive may also be slightly slower with our USB modem than with our home gateway or from the USB modem using the modem booster. This is because the antenna in the USB modem is smaller and less powerful.

Your home gateway is also a Wi-Fi device.  Where you locate it inside your house can affect its range and the speed of the wireless connection between it and your computer.  This is different from the speed of the connection between your home gateway and the Internet over our network. 

The home gateway’s Wi-Fi performance can be affected by the number and type of walls between the home gateway and your computer, and whether other electrical devices like cordless phones, TVs and radios are nearby. The number of computers that you connect via Wi-Fi will also affect the speed of the Wi-Fi connection.

Occasionally we may also need to interrupt our services in order to upgrade or maintain them. If we need to interrupt our services we will:

  • whenever possible conduct maintenance or upgrades between 1.00 am and 5.00 am Western Australian Time; and 1:00 am and 5:00 am Eastern Standard Time
  •  if possible tell you in advance (by email, sms or on our website), if our services will be unavailable due to maintenance or another foreseeable reason; and
  • restore disrupted services as soon as possible.

Login details

We will provide you with unique login details to access your account. The IP (Internet Protocol) address allocated to you may be different each time that you log in. It is not possible to retain your login (username) for later use if your service is cancelled.

Changing your plan

We want you to enjoy as much flexibility as possible. You can change to a subscription plan at any time you like, and you can change back to a pre-paid plan whenever you like subject to the rules in the rest of this document.  If you change to a subscription plan before your current pre-paid voucher expires, any remaining pre-paid data credit will be rolled over to the first month of your month-to-month plan (excludes plans with unlimited data amounts). Any credit rolled over to a subscription plan will be valid for 30 days.

If you buy additional features through our website, and then decide that you don't want them, you will have to pay for them for at least a month. Unfortunately we cannot refund the charges for additional features deactivated during a billing period.

If you change to a subscription plan, the following rules apply:

  • Other than during your first month, you can change your plan at any time you like, but only once during a billing month. You don't have to wait for the end of your billing month to make a change to your plan.
  • When you change your plan, we will make adjustments to your bill.  We will give you a credit to adjust for charges already paid for the month under your previous plan, and we will apply a charge to adjust for your new plan for the rest of the month.
  • You cannot move within a billing month to a subscription plan with a usage allowance below what you have already used in that month. In other words, you have to pay for what you have used.  Also, some of our fixed term or promotional plans restrict your ability to change.  You should refer to the special separate additional terms that apply to them.

Only one vividwireless device per pre-paid account

You can only attach 1 vividwireless device to one pre-paid plan. The usage of the device attached to one pre-paid account will count toward the usage allowance on the current voucher on that account. Of course you can open new accounts when you buy new devices if you want them to operate on separate accounts.   

Equipment

To access our services you will need our home gateway or USB modem (or another of our modem devices available from us from time to time), which you can buy either directly or from one of our participating retail partners. If you buy a modem from another supplier not associated with us it remains your responsibility to ensure that it is able to be used to access our services.

Services will only be available once you select a vividwireless data plan and sign up.

When you buy a home gateway, USB modem, USB modem booster or any other device or equipment from us:

  • responsibility for the device passes to you as soon as you receive it, and full ownership passes to you when you have paid in full;
  • the device and any equipment they come with are covered by a repair and replacement warranty against all manufacturing faults for 12 months from the date of purchase (unless they are refurbished* items, in which case the warranty period is 6 months);
  • your warranty rights:
    • are in addition to any non-excludable rights, conditions or warranties implied by law, including those under the Trade Practices Act 1974 (Cth); and
    • will no longer apply if your contract with us is terminated for any reason;
    • your warranty is as set out here. All other rights, conditions or warranties relating to the devices and equipment are excluded;
    • we reserve the right to update software in your device to offer additional features and functions or to improve the performance of the device to best match the performance of the vividwireless network. Under most circumstances upgrades will be completed over the air, and you won't have to do anything but leave your device switched on. We will give advance notice of upgrades. You won't have to pay for them;
    • in the unlikely event that your device needs servicing outside the warranty period, we can arrange this for you at your cost.

*Refurbished devices are "as new" and may have been used for testing or demonstration purposes, or been returned by customers who were outside our network area. They have been checked, tested and re-packed.

Replacing faulty equipment

If it becomes necessary to replace your device or any other equipment that you bought from us during your 12 month warranty period (or 6 months for refurbished devices) described in Equipment above, give our Sales and Service Centre a call and they will provide instructions for its return.

The faulty equipment replacement process works in two steps.

First, a courier will be dispatched to any reasonable location nominated by you. The courier will deliver a satchel containing the replacement equipment.

Secondly a return satchel, pre-addressed to vividwireless Returns, will be mailed to you with a letter explaining how to return your faulty equipment. You will need to follow these instructions and organise a pickup of your faulty equipment.

Only the returned faulty equipment or device will be replaced. For example, when a home gateway is replaced, no new cables or quick start guide will be provided. As equipment is superseded by new versions or models, replacement under warranty will be like for like - you will not receive a new version or device model unless none of the returned model remains in stock, new or refurbished.

A warranty of thirty days, or the balance of the warranty period on your original equipment, whichever is the longer, will apply to the replacement equipment.

We will check the faulty equipment and if we determine that the equipment fault is not covered by the vividwireless warranty (for example it's full of water), you will be invoiced for an equipment replacement fee or the fee will be charged to your account. We will tell you about this fee before applying the charges.

If you fail to return your faulty equipment within 10 days of receiving the replacement equipment, we will issue an invoice for the cost of the replacement equipment and a charge will then be applied to the account that you pay us from.

We reserve the right to repair faulty equipment, or provide refurbished equipment when replacing equipment under warranty.

We reserve the right to limit the number of times that we will accept warranty returns from you.  If we think that our products or services just won’t suit you, we will complete your latest return, refund you according to these terms and then let you know that you should look for an alternative Internet service.

Money back guarantee

We offer a 14 day money back guarantee (MBG) if you cannot use our service due to poor coverage.

If, within 14 days of purchase, you plug in your home gateway or USB modem device, sign up to a plan and believe that you cannot receive our service, please ring our Sales and Service Centre on 1300 32 78 37.  We will conduct tests while you are on the phone to determine whether you are able to receive a satisfactory signal. 

You will only be eligible to receive this MBG if you have made a reasonable attempt to establish a connection and our tests show that you cannot receive a satisfactory signal.

If you bought your product online or through our Sales and Service Centre, we will give you a full refund of the device purchase price. However any unused prepaid data will not be refunded.

You must return the equipment in its original undamaged condition together with accessories, CDs, cables, anything else included, and the original packaging. We will pay the return costs, but we will not refund your original delivery fee or one-off purchases made after sign-up, such as additional usage.

The refund will be applied to the account that you pay us from. We may process your refund before we receive your returned device. If we do that, and you fail to return your equipment within 10 working days, we will issue an invoice for the amount of the refund and charge your account. We will also charge you if, when your returned device is received, we find that the conditions of the guarantee have not been met, for example the device is damaged or some items have not been returned.

If you bought your home gateway or other device or equipment from a retail store, you must return it to them to receive your refund. You must always talk to our Sales and Service Centre to cancel your plan and organise your refund of any plan charges that you have paid.

Suggestions for USB modem customers:

If you are a USB modem user we may suggest that you try the USB modem booster before you take advantage of the MBG.

If you are a USB modem user and you have decided to try the USB modem booster within your USB modem MBG period, we will apply a new MBG period of 14 days calculated from the date that you purchased your USB modem booster.  If you buy the booster after the USB modem MBG period has expired, an MBG will only apply to the booster.

We reserve the right to limit the number of times that we will accept MBG returns from you.  If we think that our products or services just won’t suit you, we will complete your latest return and refund, and advise you that you should seek an alternative Internet service.

Software

Software that we provide to you is licensed (or sublicensed) to you only for use with our services.

Intellectual property

You do not have any intellectual property rights in the services, devices or other equipment you receive from us, or the content of our website.

Your pre-paid voucher usage allowance and time period

vividwireless pre-paid recharge vouchers have a usage allowance and a time period during which the usage allowance must be used.  Details are on the Plans and Pricing page on our website.

You can use your Service as soon as you sign up and enter the code on your voucher. Each day is a period of 24 hours. For example, if you buy a seven day voucher and you sign up and enter your voucher code at 1.00 pm on 1 May, the seven days will end at 12.59 pm on 8 May.

Unused time can be rolled over if you have used up your usage allowance and you enter a new voucher. A maximum of 60 days can be rolled over. If you are rolling over 60 days, you will still receive the number of additional days on any new voucher that you buy and enter. If when you have used up your usage allowance you have more than 60 days still available to you, only 60 days will be rolled over when you top up again.

When measuring the consumption of your broadband usage allowance, both downloaded and uploaded data (data both sent and received by the modem) will be taken into account.

Unused data cannot be rolled over. It will be forfeited if the time on your voucher expires first.

Vouchers can be entered before the usage or time of a current voucher has expired. They will then activate automatically as required, based in the preferences that you have set. Once entered, they cannot be removed or refunded under any circumstances.

Example:

If you reach your specified voucher broadband usage allowance before the voucher days have expired, there are no extra charges but the speed of your access to our services will be reduced to 64 kbps upload and 64 kbps download. Alternatively, you can choose to recharge with another voucher to regain seriously fast broadband speeds. Unused days on your initial voucher will roll over to your new voucher. A maximum of 60 days can be rolled over. We will do our best to email you before this happens and again when you run out of broadband allowance.  (Make sure we always have your current email address). There is no charge for additional usage if your service is slowed down.

If your voucher time expires before all of your broadband usage allowance has been consumed, your unconsumed usage will be forfeited.

Your account username will be reserved for your use for 6 months from the expiry of your last voucher. If your account has not been recharged for a period of 6 months, your account will be closed and you will need to select a new username when you recharge your account.

Vouchers purchased from retail recharge locations must be kept in Pending Vouchers (via the recharge page), or used to recharge your account within 6 months from the date of purchase. If vouchers are not entered into the system within 6 months of purchase they will expire and cannot be used, returned or exchanged.

Remember that some things you do will consume a lot of your allowance, including downloading video files, applications software, MP3 files and peer to peer data sharing software. Our Acceptable Use Policy governs your usage. We may also slow this kind of traffic or give it a lower priority over our network.

Rollover credit

Unused data can be rolled over if you purchase and activate a new pre-paid voucher before your existing pre-paid voucher expires. The valid data credit to be rolled over is the pre-paid data credit remaining once your current voucher expires. The rolled over data credit will be valid for the term of the newly purchased pre-paid voucher. You must have an active pre-paid voucher when adding a new voucher to qualify for rollover.

There are no limits to the amount of pre-paid data credit that may be rolled over in any month. However any credit rolled over to a subscription plan will only be valid for 30 days. Unlimited data plans are excluded from pre-paid rollover. Go to My Account for further details.

Some things are beyond our control

We want to offer you the best service possible, but some things are beyond our control and we cannot accept responsibility for them.

We are not responsible for any service failure which happens because:

  • of a fault with anything that we have not supplied to you, like your own computer;
  • you do not use our services correctly;
  • you do not setup your device according to our instructions;
  • you do not update software that we provide to you;
  • you do not let us update software supplied to you; or
  • anything else outside of our reasonable control, like a flood or bushfire.

Other things that might cause your equipment to fail

We will not accept responsibility for everything that happens to your home gateway, USB modem or other devices that you have purchased from us.

We are not responsible for repairing or replacing a device or other item of equipment if it is defective due to:

  • any abuse, misuse, neglect or mishandling; any accident by you or a third party; any improper maintenance or service, including for example opening the home gateway case by anyone but our authorised technicians, or connection to external antennas that are not approved by us; any unusual hazards affecting the device, or failure to provide a suitable environment for it (including for example exposure to excessive humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic interference, or incorrect power voltage);
  • electrical supply problems; or
  • natural disasters including for example floods, lightning and fire, acts of terrorism, or any other cause beyond our reasonable control.

System compatibility

We have tried to make our services compatible with popular software packages and computer configurations. However, we are not responsible for ensuring that our services, devices or the software we provide will be compatible with your computer, other equipment, software or data.

Visit the system requirements section of our products on our website to check compatibility.

Internet content

We are not responsible for:

  • ensuring that the data you access or make available through our services will be private, secure or free of anything which may damage your equipment or data; or
  • the content or reliability of any information or software that you access or make available through our services.

You are responsible for all information and material that you send or make available using our Services.

You must not publish or make available any material which is illegal. You also acknowledge that vividwireless does not check or approve anything available to you when you use our services.  You access and use information and material at your own risk.  Please read the AUP.

Your responsibilities

You are responsible for the use you make of your device and our services.

You must:

  • keep your vividwireless devices secure against use by other parties. You are liable for all charges and usage resulting from use of our services using your device, whether authorised by you or not. If your device is lost or stolen, notify us immediately. You will be liable for its use until we hear from you, at which time we will suspend its use. You will be responsible for replacing it. If you do you will be able to pick up your existing voucher, where you left off. If you choose not to and you have some time and usage left on your voucher  it will be forfeited and you will not be entitled to any refund;
  • keep confidential all identification and log-in information required to access our services. You are liable for all fees and usage resulting from use of our services when accessed using your log-in information, whether authorised by you or not;
  • comply with our usage policies in place from time to time (a copy of our Acceptable Use Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you permit to use our services also complies with these policies;
  • immediately report any misuse of your account or disclosure of your security data;
  • not resell the services we provide to you;
  • pay for the services in full by the approved method;
  • ensure that all information you provide to us is accurate and current. You must regularly check for emails from us at the email address you nominated as your contact email address when you signed up, as we may send you important notices about the service;
  • provide your own computer protection, including virus protection and firewalls. We strongly recommend that you install anti-virus and firewall software; and
  • reimburse us for any loss or damage that we suffer if you breach these terms.

Security

You are responsible for maintaining security on your computer against computer viruses and other possible security problems. We may suspend your service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with our network or any of our customers in any way.

It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus, or a virus has been introduced into our network from your computer.

Charges

You can find all of our charges on vividwireless.com.au.  Please read the details of the charges before you activate your account or sign up to a plan. We may change these charges from time to time

If you terminate the services while a voucher is current any remaining time or usage will be forfeited.

You must pay to us the GST payable on the supply of the services. All charges under these terms and on our website including voucher prices include GST.

Other charges

If you choose to pay for vouchers online using an American Express card a surcharge of 2% plus GST will apply. This surcharge is not refundable.

Other conditions and warranties are excluded

The warranties that apply to devices and equipment are described above. This section refers to implied conditions and warranties that may be relevant to the service.

Unless expressly stated in these terms, all other implied conditions and warranties are excluded.

Where our liability cannot be excluded by legislation (including the Trade Practices Act 1974 (Cth) and state fair trading legislation), any condition or warranty implied by that legislation will be included in these terms. However, to the extent permitted by such legislation, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:

  • if the breach relates to products, the replacement of the products or the supply of equivalent products, the repair of the products or the cost of replacing, repairing or acquiring equivalent goods; and
  • if the breach relates to Services, the resupply of the Services or the payment of the cost of having the Services resupplied.

Term and termination of services

This agreement commences when you purchase a home gateway, USB modem or any other equipment from us along with a voucher, and continues until six months after the expiry of your last voucher, unless terminated earlier in accordance with these terms. We may terminate your services if you breach these terms in a material way.  If we do terminate any remaining time or usage allowance on the voucher current at the time of termination will be forfeited.

If you elect to terminate the services while a voucher is current, any remaining time or usage will be forfeited.

We may terminate the services immediately if we stop providing Services on our network or if we have reasonable grounds to believe that:

  • a threat or risk exists to the security of the service; or
  • the provision of the service may cause death, personal injury or damage to property; or
  • cessation of the services is necessary for us to comply with our legal obligations (including legislative changes) or a Court order.

We may also terminate the immediately if, in your dealings with our staff, you harass, insult or abuse any of them, for example by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.

If the services are terminated under this clause, any remaining time or usage allowance on the voucher current at the time of termination will be forfeited.

Changes to these terms

We may change these terms or any information contained on our website, including prices and usage allowances at any time. However, if a variation is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will make reasonable efforts to notify you of the change and we will give you the option to terminate the services without paying any additional fee.

Privacy

By using our website or our services you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which forms part of these terms and is available on our website. We may for example disclose information about you to, or receive information about you, from your bank, credit card provider or their agents.

Spam

We comply with the Spam Act 2003 (Cth). If we send you promotional emails you may reply requesting us not to send you any similar emails. However, all of our official communication with you will be by email: notice of upgrades and outages, invoices and so on. You agree as part of your acceptance of these terms and conditions that we can send you emails for those and related purposes.

Notices

Notices will be sent by email to the email address that you have nominated. You will be deemed to have received a notice at the time that the email is sent.

Assignment

We may transfer all or part of our rights and obligations under these terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you.

You may not transfer your service. You are free to transfer ownership of your home gateway, USB modem or other devices and equipment but if you do and you no longer wish to be responsible for it you must cancel your Service and the new owner must enter into a new contract with us.