Terms & Conditions
FREEDOM INTERNET CUSTOMER TERMS & CONDITIONS
CURRENT FROM JANUARY 2017
1.1 The following Terms and Conditions (the Ts & Cs) apply to purchase and use of the Freedom Internet high speed internet access and related services (the Services).
1.2 By proceeding with registration as a user, and / or making any payment to Freedom Internet and / or any use of the Services, you are accepting and agreed to comply with these Ts & Cs. If you do not agree to the Ts & Cs, please do not proceed with any registration or use of the Services.
1.3 You must only use the Services for your own lawful personal or business purposes, in accordance with the latest version of these Ts & Cs and any notice sent by Freedom Internet or other notices or updates posted on the Website.
1.4 You undertake that all information you provide to us when applying to use the Services is true and complete and that you will advise us of any changes.
(a) “Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
(b) “customer or you” means the person who registers for a Freedom Internet account and / or signs up to the data plan and includes all users of the Services under the customer’s account. If the customer is an individual using the Services on behalf of or for the benefit of any business or other organisation then it is deemed that the customer has the right to do so and to act on behalf of and bind the organisation and that both the customer and the organisation will be bound by these Ts & Cs and liable for any actions or omissions of any member of the organisation.
(c) “fees” means the fees payable by you (if any) for access to, and use of, the Services in accordance with the data plan you select or that is otherwise applicable to your building; along with any fees or charges payable by you for purchase or lease of a Freedom modem or other optional equipment or upgrades (if applicable to your plan). Subject to these Ts & Cs, Freedom Internet may update the Fees from time to time on reasonable notice to you.
(d) “Freedom Internet” means the supplier of the Services. The supplier for New Zealand is Freedom Internet Limited. The supplier for Australia is Freedom Internet Australia. The supplier entity may change from time to time in which case all of the supplier’s rights, obligations, duties and liabilities under these Ts & Cs will be assigned and novated in full to the new supplier and without notice to the customer other than an update of this paragraph.
(e) “Implied Term” means a term implied into these Ts & Cs by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law.
(f) “the Services” means the supply of high speed internet access to building residents (permanent or temporary) where the building has entered an agreement with Freedom Internet for wireless internet access; and may include use of the Freedom domain names for customer email and website addresses; lease or loan of equipment; and enhancements, upgrades or new services developed and/or provided by Freedom Internet made available to customers from time to time.
(g) “Website” means any Freedom Internet website.
3 Agreement to supply the Services
3.1 In consideration of the fees payable by the customer (or the building owner / management if applicable) and subject to these Ts & Cs, Freedom Internet grants the customer the right to access, sign up for a data plan, and use the Services for the customer’s own personal or business purposes.
3.2 The right to use the Services and these Ts & Cs shall commence on completion of registration and sign up to a data plan by the customer, and acceptance by Freedom Internet, and shall continue unless cancelled as set out in these Ts & Cs.
3.3 Freedom Internet may in its sole discretion decline any customer application to use the Services.
3.4 Subject to these Ts & Cs, Freedom Internet may change or withdraw any data plan or feature of the Services at any time on reasonable notice.
4.1 All Freedom Internet fee invoices and other payment details or information will be notified through your account or sent to you by email.
4.2 Subject to these Ts & Cs, the fees for your data plan and other services you subscribe to or use may be updated from time to time by notice in writing from Freedom Internet. We will give as much notice as practicable, and in any event, at least 10 days’ notice.
4.3 Unless your data plan allows unused hours to be carried forward, there is no credit or accumulation for data that is not used in the billing period it was allocated to. If your account is cancelled part way during a billing period, there is no refund for unused data.
4.4 All payments must be made through our portal or website by credit or debit card. Payments for monthly plans will be billed to your credit card automatically unless you ask us to stop – which you can do at any time by logging into your account and changing your preferences or data plan.
4.5 All internet access and use will cease or be suspended if payments are not made in full and on time.
4.6 Queries about your rates or plan can be made by telephone 1300 132 630 if you are in Australia; 09 281 2970 if you are in New Zealand or alternatively visit our website: www.FreedomInternet.org.
5.1 If your data plan requires a Freedom Internet modem to be installed in your apartment or unit, you agree to give us access at reasonable times to allow one of our technicians to attend and install the equipment. The equipment will need to be securely attached to a wall or other surface within your unit in a location that is optimal to ensure the best possible Wi-Fi transmission.
5.2 You confirm that you are the owner of the unit or that you are fully authorized by the owner to allow installation of the equipment in the unit including attachment to the wall. Freedom Internet will take all reasonable steps to ensure the installation is carried out in a tidy and professional manner. On request, Freedom Internet will remove the device at no cost. Freedom Internet shall have no liability to any person for any indirect or inconsequential damage that may be caused by the installation or removal of the equipment.
5.3 If you have not purchased the equipment Freedom will retain full ownership. If you leave the unit, unless you or the new occupant requests that we remove the equipment, it must remain installed for the next occupant.
5.4 You must not tamper, repair or attempt to repair. Neither remove or damage the equipment nor fail to stop any other person doing so. You must indemnify Freedom Internet for any loss or damage to equipment installed in your unit.
6 Conditions of Use
6.1 You will ensure that all usernames and passwords required to access the Services are kept secure and confidential. You will immediately notify Freedom Internet of any unauthorised use of your user names, passwords or any other breach of security and Freedom Internet will reset your password.
6.2 When accessing and using the Services, you must only to do so for lawful and legitimate purposes, and you must not:
(a) use, or misuse, or access or interfere with the Services in any way which may impair the functionality of the Services, or impair the ability of any other user to access the Services;
(b) hack, interfere with or undermine the security, functionality or integrity of Freedom Internet systems, networks or equipment;
(c) attempt to gain unauthorised access to any other users account or to the devices or channels on which the Services are hosted;
(d) transmit while using the Services any: files that may damage any other person’s computing devices, content that may be offensive, or in violation of any local or international law;
(e) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services or Freedom Internet network or equipment;
(f) attempt to use the Service or transmit any communication or data anonymously.
6.3 Freedom Internet is under no obligation to ensure that the communications, transmission, and other use of the Services is lawful and shall have no liability to any person for your use (or any person using your account with or without your express permission) of the Services.
6.4 Freedom Internet reserves the right to remove or modify the Services at any time in its sole discretion on reasonable notice to you.
6.5 Freedom Internet may implement internet traffic management policies to ensure fair use and access to all users.
7 Warranties and Acknowledgements
7.1 Acknowledgements: You acknowledge and accept that:
(a) The provision of, access to, and use of, the Services is on an “as is, where is” basis and at your own risk.
(b) It is your sole responsibility to determine that the Services meets your needs.
7.2 Limited Performance Warranty: Freedom Internet shall take reasonable care to ensure that the Services are of normal commercial quality and shall take reasonable steps to provide ongoing access to the Services.
7.3 In the event of interrupted supply or error in the Services Freedom Internet shall take reasonable steps to (but does not guarantee to) repair or restore or re-instate use of the Services. If Services cannot be restored or re-instated to your satisfaction and you wish to cancel any data plan we will refund payments made for any unexpired period after the date of cancellation and for any period you have paid for during which full Service was not available due to any fault or interruption within our control.
7.4 Technical Problems: The customer must take reasonable steps to investigate and diagnose problems before contacting Freedom Internet for technical assistance. Support is provided 24 hours a day online or by email request at email@example.com or by calling the support numbers listed above. Freedom Internet will provide technical support but does not guarantee that it will always be able to provide solutions or fix every problem. Freedom Internet may reasonably charge for extended, repeated, complex or specialist support.
7.5 Excluded Warranties
(a) Freedom Internet does not warrant that the use of the Services will be uninterrupted or error free.
(b) From time to time access to the Services or Website may be unavailable due to Freedom Internet initiated maintenance or other development activity or due to circumstances outside Freedom Internet’s control such as availability of the independently owned or controlled networks and systems used for accessing the Services.
(c) Freedom Internet will use reasonable endeavours to publish details of intended or planned activity in advance of interruptions or delays.
(d) Freedom Internet is not in any way responsible for any interference or prevention of your access or use of the Services.
(e) Freedom Internet does not warrant that the Services will meet your requirements or that it will be suitable for your purposes.
(f) Freedom Internet cannot prevent the malicious, fraudulent or negligent actions of people or technology outside its control. Freedom Internet does not guarantee continuous, fault free access to the Services, the Freedom Internet website or the payment portal.
(g) Other than as specifically set out in these Ts & Cs, Freedom Internet gives no warranties or undertakings whatsoever in relation to the Services. All Implied Terms are expressly included in these Terms. All other terms which might otherwise be implied into these Terms, are excluded.
(h) For New Zealand customers only: Application of the Consumer Guarantees Act and any other statutory consumer guarantees or legislation is excluded to the maximum extent permitted by law from the supply of the Services to all business customers.
8 Limitation of Liability
8.1 Freedom Internet excludes any liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss or damage (including indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to these Ts & Cs) or damage resulting, directly or indirectly, from the use of, or reliance on, the Services.
8.2 If you are not satisfied with the Services or any decision or action of Freedom Internet, your sole and exclusive remedy is to cancel your account.
8.4 Notwithstanding the exclusion of liability, should Freedom Internet or any agent, representative, officer or director thereof be held to have any liability to the customer in any way connected with these Ts & Cs or the Services before, during or after the Term and whether by claim or proceedings under these Ts & Cs, any statute, regulation or rule of law by the customer or any third party, the maximum amount that Freedom Internet shall be liable for (where liability can legally be limited) whether by way of damages, costs, interest, fines or otherwise shall be limited in respect of any one incident, or series of incidents to the Fees paid by you (or on your behalf) in the previous 12 months.
8.5 For Australian customers only:
(a) these Ts & Cs are to be read subject to the Australian Consumer Law;
(b) subject to (a) above and any law to the contrary, Freedom Internet’s liability for any breach of an Implied Term shall be limited, at its option, to one or more of the following: if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; and if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.
9 Term and Termination
9.1 Your rights to use the Services will continue until terminated as set out below or otherwise by law.
9.2 You may cancel your use of the Services at any time by updating your account preferences. Freedom Internet may (acting reasonably) take any or all of the following actions:
(a) immediately terminate or suspend for any period of time all access to and use of the Services by the customer;
(b) place conditions or limits on continuing use and access; and/or require a one off or continuing payment or re-imbursement to Freedom Internet or any other person to cover any costs or loss to any person as a result of or in connection with the customers use or misuse of the Services.
9.3 Termination of use is without prejudice to any liability, rights or obligations accrued up to and including the date of termination.
9.4 On termination of these Ts & Cs:
(a) The customer will remain liable for any accrued charges and amounts due to Freedom Internet and all such amounts must be paid in full immediately on termination; and
(b) All use of and access to the customer’s account and the Services by the customer shall cease.
10 Customer Privacy
10.1 Your personal information
(a) Freedom Internet stores and processes some personal, identifying information about customers that is provided or entered by that customer for the purposes of:
(i) signing up to use the Services
(ii) setting up and maintaining a customer account,
(iii) ensuring compliance with our access and communication conditions,
(iv) billing and collecting payment for the Services,
(v) system usage monitoring.
(b) Freedom Internet may use your personal information to obtain credit rating reports from third party agencies, and may rely upon such reports in making decisions whether to accept customer applications to sign up for the Services.
(c) Freedom Internet will only retain and use your personal information for these purposes and Freedom Internet will not otherwise access, or use nor make available for use to any other person any of this information without permission of the customer unless legally required to do so.
(d) The personal information entered, or imported on instruction, is stored securely and is only accessible to approved Freedom Internet administrators or the customer. A user name and password is required to access and update a customer’s account information. It is the customer’s responsibility to keep their passwords confidential and secure. Freedom Internet staff do not have access to the passwords and are unable to access the customer’s account without receiving time specific authority from the customer.
10.2 System usage monitoring: Freedom Internet has access to and may analyse usage information and transaction volumes for billing, implementation of Fair Use policies, monitoring server and software performance, resolution of user issues or errors, as well as for other internal purposes of Freedom Internet e.g. to better understand how customers are using Freedom Internet so improvements can be made to the Services.
10.3 Personal information security: The Internet is not in itself a secure environment. We use our best endeavours to ensure compliance with the latest and applicable industry standards but we cannot absolutely guarantee that personal or confidential information will not be accessed or used by unauthorized persons through actions outside our knowledge or control.
10.4 Credit card details: Your credit card details are not stored by and cannot be accessed by Freedom Internet. Your credit card details are encrypted and securely stored by an external payment solution supplier to enable Freedom Internet to bill your credit card on a recurring or top up basis depending on your data plan and account settings. We are not responsible for any action or omission of the payment solution supplier.
10.5 Access to your personal information at any time: On request, Freedom Internet will you with all personal information we hold in a common file format determined by Freedom Internet. Freedom Internet will change or update any customer information on request and will permanently delete all personal information on cancellation of your account unless we are required to hold it by law.
10.6 Email communications: By registering with Freedom Internet you are agreeing that we may send you emails relating to your registration, billing, transactions, information updates and product and service promotions from us and other companies. Promotional and unsolicited emails can be unsubscribed from at any time by following the instructions on the emails. You are responsible for ensuring that Freedom Internet has your current, valid email address at all times. Freedom Internet will not be responsible for any mail transmitted to an incorrect or invalid email address that has been provided by the customer.
10.7 Websites we link to: Freedom Internet has no responsibility for the privacy practices or content of websites you may link to through our website or other electronic forum or communication including the payment portal.
11.1 Entire agreement: These Ts & Cs and the terms of any other notices or communications to you from Freedom Internet, constitute the entire agreement between you and Freedom Internet relating to the Services.
11.2 Indemnity: The customer hereby indemnifies Freedom Internet against all claims, costs, damage and loss arising from or in any way related to customer use of the Services or any breach of these Ts & Cs.
11.3 Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Ts & Cs if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
11.4 No Assignment: You may not assign or transfer any rights to any other person without Freedom Internet’s prior written consent.
11.5 If you are in New Zealand, New Zealand law applies. If you are in Australia, the law of Australia and / or the State the Services are supplied in applies
11.6 Rollover data – All unused data will rollover for the time that you are subscribed to our service. If you choose to unsubscribe, or downgrade your data plan you will lose any accumulated data.
11.7 Variation of these Ts & Cs:
(a) These Ts & Cs and Freedom Internet’s rules and policies regarding the Services are subject to change by Freedom Internet from time to time. Any such change shall be uploaded to the Freedom Internet Website. It is your obligation to regularly update yourself as to the most recent Ts & Cs available on the Website.
(b) For Australian Customers only: In the event that a customer’s rights are substantially limited by such changes, the customer shall be entitled to terminate these Ts & Cs by written notice to Freedom Internet, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination.
Freedom Internet contact phone numbers
+ 64 9 281 2970
1300 132 630