Ph: 1300 661 965
Infinity Broadband- Standard Form of Agreement
1. Introduction
a) Terms and Conditions
JODAN INFINITY GROUPPty Ltd T/As Infinity Broadband, ’us or we’, supplies Services on the termsand conditions in your Agreement with us. If you obtain or seek to obtain Servicesfrom us, you do so in accordance with the terms and conditions contained in thedocuments which comprise your Agreement with us. This Agreement supersedes all previous agreements that we have with you as per our right to vary that agreement.
b) Standard Form of Agreement
For the purpose of section 479 of the Telecommunications Act 1997 this SFOA was formulated.
c) Customer assistance
For further assistance or information, please do not hesitate to contact us on 1300 661 965 or email us on
2. Definitions
The following definitions apply:
Acceptable Use Policy means our policy which applies to the customer's use of the Services, a copy ofwhich is accessible online via ourwebsite at
Agreement or our Agreement means the agreement between the customer and us for the Services,comprising the terms stated in the customer's Application, this Standard Form of Agreement, theConditions of Service and our Acceptable Use Policy.
Application means an application made by the customer for the provision of Services by us, made byway of either a form, either online or printed, approved by us; or a telephone application with us.
Business Hours means 9.00am to 5.00pm Monday to Friday, excluding days which are publicholidays in Victoria.
Carriage Service Provider means a carriage service provider within the context of the
Telecommunications Act 1997.
Conditions of Service means the specific terms and conditions applying to a particular Serviceas set out in the Conditions of Service for the particular Service.
Customer Equipment means any equipment or facility in the possession, ownership or controlof the customer other than Service Equipment.
Due Date unless otherwise agreed, means the date specified on the invoice as the due date.
Equipment unless otherwise specified, means Service Equipment or Purchased Equipment.
Fee(s) means a fee payable for a Service as set out in the Application, the relevant Conditionsof Service or the Schedule of Fees and Charges and any other amount payable by the customer inaccordance with the terms of our Agreement.
GST has the meaning given in section 195-1 of the A New Tax System (Goods and ServicesTax) Act 1999 (Cth).
Internet Access means being able to access the Internet such that data can be transferred toand from the user’s computer.
Interruption in the supply of goods or a service means a delay in supplying, a failure tosupply or an error or defect in the supply of, those goods or that service
Law means Commonwealth, state or local legislation, judicial administrative, or regulatorydecrees, judgments, awards or orders, binding industry codes and all common laws and equity.
Optical Fibre Access Network means the optical fibre customer access network that forms part of the National Broadband Network.
Personal Information means any information or document referred to in section 276(1) of theTelecommunications Act 1997 and any Personal Information within the meaning given in section6 of the Privacy Act 1988 (Cth).
Privacy Act means the Privacy Act 1988 (Cth).
Schedule of Fees and Charges means our price list for Services and administrative fees andcharges payable in accordance with our Agreement, as displayed on our Website.
Service(s) means a product or service which we have agreed to supply to the customer as detailed in the customer application.
Shaped Services or Shaping means the controlled reduction in speed of a Broadband service.
System Requirements means the minimum pre-requisite computer hardware and operating systems software required for installation and customer support of an internet service.
Taxable Supply has the meaning given in section 195-1 of the A New Tax System (Goods andServices Tax) Act 1999 (Cth).
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Third Party Supplier means a 3rd party supplier from whom we acquire wholesale serviceswhich form all or part of the Service we provide to the customer.
Website means our online presence:
we, our or us means JODAN INFINITY GroupPty Ltd T/A Infinity Broadband
you, your or the customer means the current account holder for the Services.
3. Services Provided
a) Commencement
Our Agreement begins when we accept (at our discretion) your Application and continues until terminated in accordance with our Agreement.
When you make a request for us to deliver and supply a Service to you, which may be made using via our online or printed Application Forms, or by telephone, we then decide whether to approve your Application and to supply the Service to you based on:
i) the Conditions of Service;
ii) your eligibility for that Service;
iii) its availability to you;
iv) you meeting our credit requirements; and
v) your past conduct and/or history with reference to any previous supply by us or a
reseller of any goods or service to you.
b) Application
The terms of this SFOA do not apply to the extent that we have agreed
on alternative or different conditions with you. Particularly, the Application which you completed in order to receive the Service and it's Conditions relating to your
required service may require different terms, typically, your Application and the
Conditions of Service will state the specific details of these conditions that apply.
c) NBN services
Subject to our terms, we offer NBN fixed fibre services and NBN fixed wireless services.
d) Service Requirements
Services are strictly only available in NBN Co serviceable areas and regions. All services are subject to availability and the following eligibility criteria:
i) your household or premises must be connected to the NBN Optical Fibre Access Network
ii) you must meet all of our system requirements
e) Changes to the agreement
i)Throughout the term of our Agreement, we may need to alter the terms or charges of our Agreement due to incidents and scenarios beyond our control, including changes in Law, urgent changes required for security reasons, changes by one of our upstreamsuppliers of the terms on which they supply services to us or changes to the function of a Service or its backend technology. With this in mind we may not always have the ability to provide you with an ongoing Service on the same terms and conditions that were present when we first commenced providing that Service to you.
ii) In addition to changes which we are required to make due to circumstances
beyond our control, we may opt to change the Agreement for our own purposes
during the term. Any changes we opt for will take effect for your Service in accordance with sections 3.f) and 3.g) below.
f) your rights if we change the agreement
i) Subject to the exceptions allowed in section 3.g), we will give you notice at least 30 days prior to the effective date of the changes we propose to our Agreement, including changes to the terms of this SFOA.
ii) Subject to the exceptions permitted by section3.g), if the proposed changes we make causesyou a detrimental impact that is not minor then you may immediately cancel the affectedService without incurring any early termination fee or additional penalty (on condition that we can recover anyoutstanding Charges incurred on which our Agreement ends and any outstandingamounts that cover installation costs or equipment where such equipment can be used inconnection with services provided by other Third Party Suppliers), by writing to us within 42 days of the date of the notice referred to in paragraph (i)above.
iii) You agree that if you don't provide written notice to us within the 42 day period referred to in paragraph (ii) above, then you are deemed to have accepted our changes from the effective date of those and that our Agreement, as altered by those
changes, will govern the relationship between you and us from that date forward.
g) exceptions
You agree that our obligation to give you 30 days notice of our proposed changes as per section 3.f.i) and to provide you with a right to terminate our Agreement as per section 3.f) will not apply in relation to:
i) Urgent changes we are required to make by Law, for security reasons or
technical reasons necessary to protect the quality and stability of our network;
ii) the introduction of a new Fee or an increase in an existing Fee due to an
additional tax or levy imposed by Law;
iii) the introduction of a new Fee or an increase in existing administrative Fees
for ancillary services such as credit card transaction fees (provided we
have offered you a reasonable alternative at the same or lesser cost to the
original Fee); and
iv) increases in Fees due to increases imposed on us by our suppliers for the following types of Services and charges:
- international carriage services for voice and data, current fees are listed on
- content and premium services (including 1900 prefix services)
which we resell to you from a third party, including where we
collect fees from you on behalf of that third party.
h) Change of account holder
If you require your account to be changed into the name of another person, you can
organise this by contacting us directly on 1300 661 965 or emailing us at . You will remain liable for your obligations under our Agreement until the date we accept the change of account holder. The new account holder will need to accept and be bound by the Agreement prior to the transfer being accepted by Infinity Broadband.
i) Customer Service Guarantee (CSG) waiver
The Customer Service Guarantee Standard (CSG) sets out minimum performance standards in relation to the supply of a Standard Telephone Service. It is a condition of providing our NBN UNI-V phone service that you waive your entitlements under the CSG. For more information about the CSG, see the Australian Communications and Media Authority's website at
4. Charges & Fees for services
a) charges & fees
i) You are obliged to pay the Fees for the Services throughout the term of our Agreement with you. You are liable to pay for all Fees arising out of the use of the Services we
provide, whether the use was by yourself or another person, and with or without consent.
ii) If a Service is used to procure the facilities or services of a 3rd party supplier,
any amounts charged by that other supplier are, unless our Agreement
specifies otherwise, your responsibility, and you will indemnify us in relation
to these charges. If we are charged those amounts we may include
them in the Fees.
iii) If during any period of our Agreement you do not receive, or are unable to use, the
Services you will, unless our Agreement specifically provides otherwise, be liable to pay
for all Charges during such period. However, in certain circumstances you will be entitled
to claim a pro-rata refund of Charges for the duration of an Interruption, in accordance
with point 10. b)
b) Discounts, Credits and Rebates
Upon making your Application you will be informed of any discount or special rate for which you may be eligible. If you are eligible for a rebate, such as a promotional rebate, we will inform you of such an entitlement.
c) Goods and Services Tax (GST)
Unless stated otherwise, all charges and fee amounts payable by you under our Agreement are inclusive of Australian GST.
d) Invoicing
- We will provide an invoice for the Service on the date your connection
becomes active and each month thereafter on the anniversary date.
- Your nominated credit card or bankaccount will be debited on the Debit Date.
- Monthly fees are billed in advance and any applicable usage, or additional usage charges are billed in arrears.
- Any applicable connection or setup fees and hardware will be billed on
your first invoice.
We will invoice you for the Service, plus any applicable GST. We may vary invoice
frequency upon giving you reasonable notice. All portions of your use of the
Services are charged for and unused allocations are not transferable or refundable.
We reserve the right to reissue an invoice if any error in the amount shown owing on
the invoice is discovered afterwards.
We may issue an interim bill in the following circumstances:
- You change your existing plan;
- You request a new service to be connected;
- You relocate an existing service;
- You request to be invoiced for any ‘unbilled’ charges;
- We have reasonable grounds to believe you may be a credit risk; or
- As otherwise agreed with you.
We will refund or credit any overpayment due to a variation in the Fees or
cancellation of a Service. If we have undercharged you, you will be liable for any
underpayment.
e) calculation of fees
Fees and charges are calculated by referring to data recorded by us. Records held
by Infinity Broadband will be considered evidence of the Usage of your Service and ultimate charges payable by you. Data is calculated monthly in accordance with your Conditions of Service.
f) time of payment
All invoiced amounts must be received via direct debit from your nominated bank account or credit card by the due date.
g) payment methods
Our NBN services must be paid by credit card standing authorisation or via direct debit from your bank account. We reserve the right to pass on to you any Charges that we incur from or must pay to your bank. When you opt to make payment by credit card, you will be charged a credit card surcharge as set out in our Schedule of Charges and Charges. If there is any payment discrepancy or disagreement about bank charges applied, you should contact us before your bank and we will try to resolve the issue. If you contact your bank and we incur a bank Charge as a result, we reserve the right to on-charge this amount to you.
h) Dishonoured Direct Debit Transaction or Credit Card Authorisation
In addition to any other rights that we have under the Agreement in relation to late
payment, if an invoice is paid by direct debit or credit card authorisation and there are
insufficient funds in the account, a dishonour fee will be added to your next invoice
as set out in the Schedule of Fees and Charges.
i) Suspension for Non-Payment
We reserve the right to
i) physically disconnect your service if Charges or any other amount payable by you
remains unpaid 28 days after the Due Date (unless we have received written notice from
you of a legitimate dispute of those Charges or other amount prior to the Due Date); and
ii) suspend your service if you fail to pay the outstanding amount in full within 3 days after we give you a notice demanding payment of the Charges which to remove any doubt will include administrative Charges.
j) Early Termination Fee
You have the facility to cancel your Service at any time as perSection 9 b).
However, if your Application confirms that you have agreed to a Fixed Contract Term for the Service then, if you cancel the Service before the expiry of the FixedTerm, you will be liable to pay an early termination fee as set out in the Schedule ofFees and Charges
k) Refunds and Credits
i) The set-up fee is processed upon commencement date and is non-refundable
unless we are unable to provision the service for you.
ii) In the event that your account for a Service is terminated and monies are
owed to you by us (for example, for the unexpired portion of any Fee paid
in advance by you), you agree that we may deduct any outstanding Fees
on final settlement of your account and state on your final invoice (as
applicable) the amount credited to you or the amount you must pay to us.
iii) You may elect to claim a refund for any amount credited on your final
invoice or apply the credited amount to another Service we may supply to
you by notifying us within 90 days of your receipt of the final invoice
l) Removal of Discount
If any Charges remain unpaid for 7 days or more, we reserve the right to remove anydiscount previously applied to your Service and to charge you at our standard rate rather than anyspecial rate which we have previously provided to you.
m) Prepayment
i) If, at the time of application, we have reasonable grounds to believe you
may be a credit risk, we may request that you pay in advance the estimated
cost of using your Service for an invoice period.
ii) We may decline your Application, cancel, suspend or disconnect a Service
if you do not provide the prepayment in advance when requested to do so
in accordance with paragraph i) above.
iii) If we cancel or disconnect all of the Services, we will return to you that
portion of the prepayment that is not required to meet any outstanding
Fees and charges.
n) Disputed invoices
i) If you dispute an invoice or claim a refund for overpayment of any Fees
under our Agreement you should do so within 5 months of the date of the
invoice to which the disputed amount or alleged overpayment relates.
ii) Your rights to issue proceedings in relation to a disputed invoice or alleged overpayment are not limited by anything in this above section.
o) cancellation, suspension or disconnection
If we cancel, suspend or disconnect any Service for non-payment, you remain liable
for all Fees and other liabilities incurred before the date of cancellation, suspension
or disconnection of the relevant Service.
p) disconnection or reconnection
We may charge you a fee for the disconnection or reconnection of any Service as
set out in the Schedule of Fees and Charges, except where the disconnection was
caused by our error or our failure to perform our obligations under this Agreement.
q) billing netting / set off
Unless agreed in writing by us, you must pay the Charges without any set off or netting off, counterclaim or deduction.
5. Personal Information
Collection and Use - Consent
You consent to us using and disclosing your Personal Information for any
of the purposes outlined in this Section 5. If you choose not to provide all or some of
the Personal Information requested, we may refuse to provide or limit the provision to you of any Service.
a)Use of Personal Information
i) You permit us to collect, disclose and use Personal Information