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SA Terms of Service

About this agreement

This Agreement governs the supply of services provided by Cirrus Communications Pty Ltd ABN 87 109 931 731 trading as Swoop, with its offices located at 1A, 155 Queen St, Warragul VIC 3820 (herein referred to as ‘us‘, ‘we‘ or ‘our‘), and in part by our third-party suppliers.
By applying for or using a service we provide, you indicate your acceptance of all terms and conditions outlined under this agreement.

Definitions

Agreement refers to this agreement for services provided by us to you.
Charges refer to funds payable by you to us, pursuant to this agreement and including but not limited to installation, access, use, interest, and consulting fees. Service refers to internet access or phone service supplied as described by this agreement. Application date identifies the date your application is received by us. GST stands for Goods and Services Tax and refers to the same, described in the ‘A New Tax System (Goods and Services Tax)’ Act of 1999, and any related legislation. Third-party supplier refers to a third party whose services are employed by us for the provision of services to you.

Agreement Terms

This agreement begins on the application date and will continue until services are terminated by either you or us. If you terminate this agreement, you will be liable for all charges and all other amounts that you are required to pay under this agreement. We reserve the right to change these terms at any time. Any changes will be made available on our website at www.swoop.com.au and are effective within seven days.

Notices

Notices under this agreement may be sent by ordinary post, facsimile, electronic mail (email) or short messaging service (SMS). Notices will be deemed received: For ordinary post: three business days after dispatch. For facsimile, email and SMS: on transmission receipt by our facsimile equipment, our server(s) or third-party server(s) respectively. Services
In accordance with this agreement’s terms and conditions, we will use our best endeavours to provide a service to you, and to provide the information necessary to access that service. We will use our best efforts to ensure a continuous service, but this is not guaranteed. You acknowledge that: Service continuity is dependent on a wide range of factors, many of which are beyond our control. Your access to the service may be interrupted by a variety of factors, including but not limited to, third-party supplier network congestion, equipment failure, scheduled maintenance and peak demand. We may limit certain classes of traffic on our network to enhance peak performance and/or protect against network attacks where that traffic may be detrimental to the overall performance of the network. We shall not be held liable for any losses whatsoever that you may incur due to interruption to the service. You indemnify us from any liability, claim, action, suit, demand, loss, or any expense whatsoever arising from your use of the service or in any way connected. This includes any negligence by us or our third-party suppliers. We cannot provide support, or accept responsibility, for content accessed via the service. We have no control over content accuracy or appropriateness available via the service. If you are applying for a Voice over Internet Protocol (VoIP) or fixed line phone service, we will propose that you sign a form agreeing to waive your rights under the Customer Service Guarantee (CSG) standard. You are not obligated to waive your protection and rights under the CSG; however, we may choose not to supply a VoIP or fixed line phone service to you if you do not agree to wholly waive your rights. You must agree to provide safe and timely access to the supply premises if required by us or our third-party suppliers to perform connection, disconnection, maintenance, upgrade or remediation works or other necessary works in relation to our network or our third-party supplier’s network. Some installations types may require equipment to be connected by you. Connection of the router to the phone socket, or nbntm connection box, or fibre connect equipment or other activated port is not part of the standard install and not covered by the activation fee. If you are unable to connect the router with the assistance of our free technical support phone service then you will need to arrange and authorise another person to assist you, or you can arrange and authorise a third-party technician at your own cost. If we agree to dispatch a technician to perform the connection at your request then a fee for service may apply, and we will require your agreement to pay the fee for service before a technician attends the property, and we reserve the right to require upfront payment of the fee for service before the technician attends in some circumstances.

Billing

Billing begins when the service is ready for use, which will usually be the date the service is activated or installed by our technicians. Your monthly access fee is billed in advance, and any applicable use or excess charges are billed monthly in arrears. New orders require upfront payment of your first month in advance. Your installation charge will be included on your second monthly invoice. Your invoices will be issued monthly on the same day. All charges invoiced by us are payable within seven (7) days unless we agree otherwise. If you need an extension, please ask us. In most cases we can extend your terms without any penalty to you. See our financial hardship policy for more information. All amounts expressed by us are inclusive of GST, except where noted.

Payment methods

Accepted payment methods: credit card, and BPAY. If you have set up automatic payments by putting a credit card on file with us, your payment will be withdrawn from your nominated credit card on the due date of your invoice. BPAY payments are not instant and may take up to three (3) business days to reach us. You may receive reminders that your account is overdue if your BPAY payment does not reach us by the due date.

Additional fees and information

We may deliberately and automatically suspend your access to the service if you do not meet our terms. Invoices are sent via email, and it is your responsibility to keep your contact details current. You accept any excess charges that may apply for your service use, in accordance with the terms of your plan. If you are experiencing financial hardship and need assistance to manage your bills or payments, please contact us for help. The earlier you contact us, the better we will be able to help prevent your debt becoming unmanageable. Please refer to our Financial Hardship Policy for further information.

Special terms

Business customers can request special terms (EG 30 days for payment) – we reserve the right to reject such requests. Customers with a poor credit history with us may be subjected to special terms at our discretion. If we are unable to provide the service or if you cancel the service, any unused funds paid in advance are refundable.

Acceptable Use Policy

Please refer to our Acceptable Use Policy.

Technical Support

The service includes free technical support covering the installation and ongoing service maintenance. This support is provided via email, or by telephone. You acknowledge that free technical support is provided as a troubleshooting service, and you may be requested to provide reasonable assistance to help our technical support team to diagnose and resolve an issue. If you are unable or unwilling to provide that assistance then you can arrange for and authorise another person to do that on your behalf, or you can arrange and authorise a third-party technician at you own cost. If you fail to complete troubleshooting and we agree to dispatch a technician then a fee for service may apply. We will require your agreement to pay the fee for service before a technician attends the property, and we reserve the right to require upfront payment of the fee for service before the technician attends in some circumstances. Telephone support is available from 8AM to 10PM from Monday to Friday. You may contact us by phone on 1300 66 55 75. You can log support requests 24 hours a day, 7 days a week by sending an email to [email protected]. We will endeavour to respond as quickly as possible, but make no guarantees as to response time.

Complaints handling

If you are not satisfied with the resolution of a complaint handled by us, you can refer the complaint to the Telecommunications Industry Ombudsman (TIO). Complaints can be lodged with the TIO online at www.tio.com.au or by phone on 1800 062 058.

Equipment ownership

For wireless services, the antenna, mast, power injector, and all AC adapters and cabling remain our property. If you have opted for a wireless router upgrade, the router becomes your property and the other equipment remains our property. The AC adapter and power injector will need to be returned to the office should you wish to cancel the service: all remaining hardware including antenna, mast, and cabling will be removed by our technicians at a cost to the customer.

Equipment compatibility

Broadband services require a compatible and compliant router configured with your service details. We will provide a router at the time of activation at no additional charge. If you bring your own (BYO) router, this is at your own risk as we cannot assess the compatibility of third-party hardware. We cannot compensate you for downtime caused by your equipment.

Equipment terms and conditions

The routers we supply and their associated supplied accessories including cables and power supply units are covered by a manufacturer’s warranty in addition to any guarantees that apply under Australian Consumer Law. When we supply a router to you, responsibility for the device passes to you as soon as you receive it, and full ownership of the device passes to you when you have paid for your installation costs in full. The manufacturer may release new software (firmware) for the device periodically for security improvements, compatibility and to resolve known bugs. It is your responsibility to make sure that your device is kept up to date. You can contact us for help updating firmware on your device. In some cases, we may require an update to your device. If there is an associated cost with this, we will notify you in advance.

Contractual obligations

The following terms apply if you have entered, or are entering, into a contract with us for the provision of a broadband service. If the service is cancelled by you prior to the contract end date, you will pay us an early termination fee based on the remaining duration of the contract, unless:
    • The service has not yet been provided (see below); or,
    • We are in breach of contract or these terms of service
We may cancel the contract without charging an early termination fee if we:
  • get your consent to do so
  • offer you a credit or rebate
  • are no longer able to provide a service for technical or legal reasons, or
  • become bankrupt or insolvent, or it appears that we will
No cooling-off period applies to the contract. The contract can be cancelled before the service is provided, but we may charge you any reasonable costs we have incurred while preparing to provide the service. The monthly access fee of any contracted service cannot be changed by us, unless the change:
    • has a beneficial or neutral effect on you (for example, a price reduction, or a change to your plan giving you additional data for the same price
    • is required for security or technical reasons
    • is required by law
      • IP address space
      You acknowledge that any IPv4 or IPv6 addresses assigned to you for the service use:
    • will remain the property of us or our third-party suppliers
    • are non-transferable, non-portable and cannot be multi-homed
    • may change from time to timeIf we have agreed to provide you with a static IPv4 address, we will use our best endeavours to avoid changing it. Should a change be unavoidable, for example due to changes to our network architecture, we will provide you with at least seven days notice.
Priority Assistance
Priority assistance is a service to provide the highest-level response in the event of service failure. Priority assistance is a service for customers who have, or who are living with someone who has, a diagnosed life-threatening medical condition and whose life may be at risk without access to a fully operational phone service. We cannot offer priority assistance at this time. Should you require this service, you should apply for services through a telecommunications provider who can offer priority assistance. Telstra is a telecommunications provider that offers a priority assistance service. Connection Speed
The service speed of your plan is a theoretical maximum. Swoop Broadband fixed wireless connections are residential grade services with no guarantee of consistent speeds. Data transfer speed is dependent on a number of variables beyond our control, including: your local network configuration, infrastructure limitations and environmental conditions. Service termination
Swoop Broadband services that are provided to you on a no-contract basis may be discontinued with verbal or written notification. Unless you contact us to cancel the service, we will continue to provide the service on a monthly basis and you agree to continue paying the charges. Account terminations can only be submitted by the account holder, or an authorised contact. Third parties wishing to act on behalf of the accountholder may be asked to provide power of attorney or other legal documentation authorising them to act on your behalf. At the time of termination, you must pay any outstanding balance(s) on the account. Terminations may not be backdated. You should contact us as soon as possible to organise the termination of the service. Minimum total cost after service activation is equal to the first recurring payment of the chosen plan, plus any applicable non-recurring setup or activation fee.