Terms and Conditions

1. What these terms cover

These terms apply to every service we supply you. Together with your order form, the Critical Information Summary for your plan, our Acceptable Use Policy, our Financial Hardship Policy, our Complaints Handling Policy and our Privacy Policy, they form our agreement. All of these are published at www.atelis.com.au.

If your order form says something different to these terms, the order form wins.

"We" and "us" means Launch Crew Pty Ltd trading as Atelis. "You" means the person or business that ordered the service.

2. When the agreement starts and how long it runs

Your service starts on the day we activate it. That's the day billing starts.

Your minimum term is on your order form. When it ends, the service continues month to month until one of us ends it.

3. What we'll do

We'll supply the service with reasonable care and skill, and we'll work to keep it running.

We can't promise the service will never be interrupted or that every packet will reach its destination. Networks fail, upstream carriers fail, and things get dug up. Where we've committed to a service level, that commitment is in your order form and we'll honour it.

We'll give you reasonable notice of planned maintenance that will interrupt your service, except where we have to act immediately to protect the network.

4. What you'll do

• Pay your invoices on time.
• Use the service in line with our Acceptable Use Policy and the law.
• Give us safe and timely access to your premises when we need it to install, fix, or remove equipment, and let us or our suppliers modify equipment where it's necessary for the service.
• Keep your account details, contacts and payment method up to date.
• Look after your own equipment and internal network. We supply the service to our network boundary.
• Don't interfere with our equipment or the operation of the network.

You're responsible for what happens on your service, including use by anyone you let onto it.

5. Emergency calls

If your service includes voice, you need to understand its limits:

• It will not work in a power failure, or if your internet connection is down.
• The address emergency services see is the address registered on your account. If you move the equipment without telling us, they will be sent to the wrong place.
• You should keep a mobile phone available as a backup for emergency calls.

Tell us straight away if your service address changes.

6. Support

Faults on our side of the network are our problem and we fix them at no charge. Report them to our service desk and we'll respond in line with your plan.

Work on your side — your equipment, your cabling, your software, your configuration — is chargeable at our current rates, which are published on our site. We'll tell you before we start billable work and get your go-ahead.

Support hours for your service are set out in your Critical Information Summary.

7. Charges and billing

Charges are billed monthly in advance unless your order form says otherwise. Usage-based charges are billed in arrears. Invoices go to your billing email at least seven days before payment is due.

If you think an invoice is wrong, tell us at accounts@atelis.com.au before the due date and we'll investigate. You still need to pay the undisputed part.

Payment surcharges, if any, are shown to you at the time you authorise the payment. Where a payment is dishonoured, we'll pass on the actual fee our bank or payment provider charges us — nothing more.

If an invoice is overdue we'll send you a reminder. If it's still unpaid seven days after that reminder, we may suspend the service (see clause 10) and charge interest on the overdue amount at the RBA cash rate plus 3%, calculated daily from the due date until it's paid.

All prices include GST unless stated otherwise. If a tax or regulatory charge changes, we may pass on the difference with 28 days' notice.

8. Financial hardship

If you're having trouble paying, contact us at accounts@atelis.com.au before the account falls behind. Our Financial Hardship Policy is published at www.atelis.com.au and sets out how we assess a request and what arrangements we can offer. We won't disconnect a service while a hardship arrangement is being agreed or is being kept to.

9. Changing or moving your service

Requests to upgrade, downgrade, move or cancel a service must be in writing.

Upgrades usually take effect immediately. Downgrades take effect at the start of your next billing period and may restart your minimum term — we'll tell you before we make the change.

If you move premises, we'll relocate the service where we can. There's a relocation fee, which we'll quote once we know the new address. If we can't supply a comparable service at the new address, we'll offer you the closest alternative we can. If you don't want it, you can cancel and clause 12 applies.

10. Suspension

We may suspend your service if:

• your account is overdue and you've had a reminder (clause 7);
• you're in breach of these terms or our Acceptable Use Policy and haven't fixed it after we've asked;
• we're required to by law or by a regulator; or
• we need to protect the network, our other customers, or you — for example during a security incident.

Where it's safe and practical to do so, we'll warn you first. Where the reason is serious — an active attack, illegal use, or a legal direction — we may suspend immediately and tell you afterwards.

Charges keep running during a suspension caused by your breach or non-payment. They don't run during a suspension caused by us.

We'll restore the service once the cause is fixed. A reconnection fee may apply, and it will be the fee published on our site at the time.

11. Ending the agreement

You can cancel any service with 30 days' written notice. If you're still inside your minimum term, clause 12 applies.

We can end the agreement, or a service, by written notice if:

• the service has been suspended for your breach or non-payment for 14 days and you haven't fixed it;
• you breach these terms seriously and don't fix it within 14 days of us asking;
• an upstream supplier stops providing something the service depends on and we can't reasonably replace it — we'll give you as much notice as we can, and at least 30 days where possible; or
• you become insolvent, or an administrator, liquidator or receiver is appointed.

We'll also end the agreement if you ask us to because you're closing the business or the account holder has died.

When the agreement ends, you pay everything owing up to the end date, we stop the service, and we may collect any equipment we own. Clauses 13, 14, 15 and 16 keep applying after the agreement ends.

12. Early termination

If you cancel inside your minimum term, or we end the agreement because of your breach, you pay an early termination charge.

That charge is the remaining monthly fees for the minimum term, less the costs we no longer have to pay because the service has stopped. Where the service involved installation or hardware we subsidised, the unrecovered part of that cost is also payable. We'll itemise it.

We won't charge you an early termination fee if you're cancelling because we made a material change you didn't accept (clause 17), or because we breached the agreement.

13. Equipment

Equipment we supply on a rental or included basis stays ours. Look after it, don't move or modify it without asking, and give it back in working order when the service ends. If it isn't returned within 21 days we may charge its replacement value.

Equipment you buy from us becomes yours once you've paid for it in full. Until then it stays ours and you hold it for us.

14. Liability and your rights under Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or guarantee you have under the Australian Consumer Law or any other law that can't be excluded. If the ACL applies to your service, you have guarantees we can't contract out of, and this clause is read subject to them.

Where we're permitted to limit our liability, our liability for a breach of this agreement is limited to resupplying the service, or refunding what you paid for the part of the service affected.

Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data or business opportunity, except where the law says otherwise.

You're responsible for any loss we suffer that's caused by your unlawful use of the service, or by a third-party claim arising from what you or your users do with it.

You should insure your own business against interruption. We're not an insurer.

15. Privacy

We handle your personal information in line with our Privacy Policy at www.atelis.com.au/privacy. As a carriage service provider we're required to retain certain telecommunications data for at least two years, and to disclose information to emergency services, the Integrated Public Number Database and law enforcement in the circumstances the law sets out. The Privacy Policy explains all of this.

We won't use your details for marketing unless you've opted in, and you can opt out at any time.

16. Complaints

Tell us first. Contact us on 1300 283 547 or complaints@atelis.com.au. We'll acknowledge your complaint within two working days and propose a resolution within 10 working days. If it'll take longer, we'll tell you why and when to expect an answer. Urgent complaints — hardship, imminent disconnection, priority assistance — are resolved within two working days. Our Complaints Handling Policy at www.atelis.com.au sets out the full process, including how to escalate inside Atelis.

If you're not satisfied, you can take it to the Telecommunications Industry Ombudsman — tio.com.au or 1800 062 058. The TIO is free and independent.

17. Changes to these terms

We may change these terms or our prices. We'll give you at least 28 days' notice by email and publish the change on our site.

If a change has more than a minor detrimental effect on you, you can cancel the affected service without an early termination charge, by telling us within those 28 days. Otherwise, continuing to use the service means you accept the change.

18. General

Assignment. You can't transfer your agreement without our written consent, which we won't unreasonably withhold. We may transfer ours, and we'll give you 28 days' notice if we do.

Things outside our control. Neither of us is liable for failing to perform because of something genuinely beyond our reasonable control. If it lasts more than 60 days, either of us can end the agreement in writing. This doesn't excuse paying money that's owed.

Severability. If a court finds part of these terms invalid, the rest still applies.

Waiver. If we don't enforce something, that doesn't mean we've given it up.

Notices. We'll contact you at the email address on your account. Notices to us go to the address or email in clause 19.

Governing law. These terms are governed by the law of New South Wales.

19. Contact