For services activated on new modems purchased after 9th October 2017
These are the terms upon which we supply our monthly and fixed term data services and the modem and any other equipment that you buy from us.
In these terms 'you' and 'your' mean the customer (that’s you). ‘We’, ‘our’ and ‘us’ means Vividwireless Pty Limited.
‘Our services’ means the wireless broadband Internet access service specified in the plan that you have chosen.
By buying or receiving the modem 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.
If you breach these terms in a serious way, we may terminate your account.
Our Fair Go Policy also applies to your use of the services. We may suspend or terminate your service if you breach the Fair Go Policy.
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 service
Our services provide wireless broadband access up to the usage allowance specified in the plan that you have chosen. You can check your usage in the 'My Account' section of the website..
Details of each data plan 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 within our network coverage area. Our service qualification is regularly updated..
We use the residential address information that you provide 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 must always do this in store or on line before you buy our products from a retailer.
Unfortunately, like all wireless service providers, we cannot guarantee the availability of our services in advance, as there may be places within our network coverage area where you can’t receive the services because of unusual terrain or other environmental or structural circumstances. If this happens to you, we offer a 14 day money back guarantee, in addition to your statutory rights under the Australian Consumer Law. 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. However 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. Click here to view our Speed FAQs.
Your modem 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 Eastern Standard Time and 1.00 am and 5.00 am Western Standard Time;
- If possible, tell you in advance (on our website), if our services will be unavailable due to maintenance or another foreseeable reason; and
- Restore disrupted services as soon as possible.
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.
Changing your plan
We want you to enjoy as much flexibility as possible.
You can upgrade your plan at any time. However you cannot downgrade your plan within the first month. Apart from that, and subject to paying any applicable early termination fee for fixed term contracts, you can change your plan at any time you like, but only once during a billing month.
When you change your plan, we will make adjustments to your bill. We will give you a credit adjustment 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).
Within a billing month you cannot move to a 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.
Some of our promotional plans restrict your ability to change/move within plans. You should refer to the special additional terms that apply to those offers or refer to our FAQs for more information. Additionally, you can go to My Account for further details on permitted plan changes.
If you sign up on a plan with a fixed term contract and you wish to change to a monthly plan, you will need to pay the applicable early termination fees of the fixed term contract before signing up to an alternate monthly plan.
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 one month - unfortunately we cannot refund the charges for additional features deactivated during a billing period.
To access our services you will need a Vividwireless modem which you can buy either directly from us or from one of our participating retail partners. If you buy a Vividwireless 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.
Only one device may be attached to a plan at any time.
When you buy a Vividwireless modem 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 when you have paid in full; and
The modem and any associated equipment (cords, plugs etc.) are covered by a repair and replacement warranty against all manufacturing faults for 12 months from the date of purchase.
Your warranty rights:
Are in addition to any non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws, including those under the Competition and Consumer Act 2010 (Cth) ; and/p>
Will no longer apply if your contract with us is terminated for any reason.
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 updates will be completed over the air, and you won't have to do anything but leave your device switched on. You won't have to pay for these updates.
In the unlikely event that your device needs servicing outside the warranty period, we can arrange that for you at your cost.
Replacing faulty devices and equipment
If it becomes necessary to replace your device or any other equipment that you bought or received from us during your 12 month Vividwireless warranty period call our Sales and Service Centre to receive instructions for its return.
The faulty equipment replacement process works in two steps.
First, a return satchel, pre-addressed to Vividwireless Returns, will be mailed to you with a letter explaining how to return your faulty device or equipment. You will need to follow these instructions and organise a pickup of your faulty device or equipment. Secondly, a courier will be dispatched to any reasonable location nominated by you. The courier will deliver a satchel containing the replacement device or equipment.
Only the returned faulty device or equipment will be replaced. For example, when a modem is replaced no new cables or quick start guide will be provided. As devices or equipment are superseded by new versions or models, replacement under warranty will be like for like - you will not receive a new version or model unless none of the returned model remain in stock, new or refurbished.
In addition to any consumer guarantees under the Australian Consumer Law, 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 device or equipment.
We will check the faulty device or equipment and if we determine that the equipment fault is not covered by the Vividwireless warranty (for example it's full of water), an equipment replacement fee will be charged to your account. We will tell you about any fee before applying it to your account.
Similarly, if you fail to return your faulty device or equipment within 10 days of receiving the replacement, we will issue an invoice for the cost of the replacement and a charge will then be applied to the account that you pay us from..
We reserve the right to repair faulty devices or 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 advise you that you should seek an alternate Internet service.
Money back guarantee
In addition to your Australian Consumer Law rights, we offer a 14 day money back guarantee (MBG) if you cannot use our service due to insufficient coverage and/or signal strength.
If, within 14 days of activation, you plug in your modem , sign up to a plan and believe that you cannot receive our service due to coverage and/or signal strength 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 satisfactory coverage and /or signal. Additional follow up tests may be required if the results of these initial tests are uncertain.
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 satisfactory coverage and/or signal.
If you purchased your product online or through our Sales and Service Centre, we will give you a full refund of the purchase price (excluding the delivery fee), any plan charges that you have paid and any additional monthly service charges that you have paid for in advance.
You must return the device or equipment in its original undamaged condition together with accessories, CDs, cables, anything else included, and ideally the original packaging to prevent any transit damage. 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 device or 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 or an independent technical expert finds 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 purchased your modem 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 (S&SC) to first attempt to troubleshoot the issue to confirm if you cannot use our service due to poor coverage and/or signal strength. The S&SC will then confirm the process to cancel your plan and organise your refund of any plan charges that you have paid.
We reserve the right to limit the number of times that we will accept MBG returns from you. If we consider 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. The MBG does not apply if you simply change your mind (early termination fees on fixed term contracts will apply).
Software that we provide is licensed (or sublicensed) to you only for use with our services.
You do not have any intellectual property rights in the services, devices or other equipment that you receive from us, or the content of our website.
Copyright in all material on this site is owned by Vividwireless.
The trademarks, service marks and logos (the "Trademarks"), used and displayed on this web site are registered and unregistered Trademarks of Vividwireless and others..
Nothing on this web site should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the web site without the written permission of the Trademark owner.
You may not use these or any other Vividwireless trademarks or service marks without the written permission of Vividwireless.
Your monthly usage allowance
Your monthly usage allowance is specified in the data plan that you have chosen (details are on the plans and pricing page on our website).
If you use all of your allowance there are no excess usage charges but your speed will be slowed to 256kbps download and 256kbps upload until the start of your next billing period. We will do our best to email you before this happens and again when it does happen. Please make sure we always have your current email address. We will not charge you for any excess usage while your service is slowed in this way but your standard monthly charges continue.
You can increase your usage allowance by moving to a higher plan (unless you’re already on our highest plan). We’ll do our best to email you when you are close to reaching the limit of your monthly usage allowance, to give you the chance to upgrade before you run out. You can change your plan up or down (to your original plan with no downgrade fees) once a month at any time after your first month, and the upgrade will take effect almost immediately. You don't have to wait until the end of your billing month. You can also upgrade your plan once during the first month. You cannot downgrade your plan during the first month.
You can also buy blocks of additional usage without changing your plan. Like your included plan allowance, if you don’t use the top up data the remainder will not be rolled over to the next month.
Remember too that some things you do online will use up a lot of your allowance, including downloading video files, video and audio streaming, applications software, audio files and peer-to-peer data sharing software. Our Fair Go Policy governs all of our plans. We may de-prioritise non time-critical activities like peer to peer over our network to reduce its impact on other users on the network. Click here to view our Fair Go Policy.
Some things are out of 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; personal devices, router, VPN etc. ;
- You do not use our services correctly, such as by using illegal torrents;
- 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.
- Additionally, we cannot control the speeds that all internet users can expect from their peer to peer applications. All internet users have the ability to limit the amount of uplink traffic that leaves their computer, which in turn makes the speed slower for the source (in this case being the Vividwireless customer); this is completely out of our control.
Other things that might cause your device or equipment to fail
- We will not accept responsibility for everything that happens to your modem.
- 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 the opening of the modem 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.
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 that 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.
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 or anyone accessing your service 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 Fair Go Policy.
You are responsible for the use that you make of your device and our services.
- Keep your Vividwireless devices secure against use by other parties. You are liable for all charges 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 resume your existing contract where you left off. If you choose not to and you have some time on your contract to run, you will have to pay any applicable early termination fee;
- Keep confidential all identification and log-in information required to access our services. You are liable for all fees and charges resulting from use of our services when accessed using your log-in information, whether authorised by you or not;
- Comply with our policies in place from time to time (a copy of our Fair Go Policy, which forms part of these terms and conditions, can be found on our website). You must also ensure that any other person you let 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;
- Not use our service to operate a business as we may shape or slow your access to the network suspend or terminate your service. Our wireless broadband services are intended for ordinary domestic use.
- Pay for the services in full by the due date nominated by us on your bill by direct debit from your credit card or bank account, or other method offered by us from time to time. This will happen automatically, but you must ensure that your credit card or other account details are kept up to date. For example, if your card expires and you receive a replacement with a new expiry date or account number, or you change the account from which direct debits are made, payments may not be processed. If you fail to keep your details current, or if you enter incorrect details when you sign up, your service may be suspended while records are updated. You will be charged your normal monthly charges while your account is suspended. You must tell us immediately if your card is lost or stolen, and nominate a new card for your Vividwireless account;
- Ensure that all information you provide to us is correct and up to date. 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 using this email address (for example about your usage or planned upgrades or outages);
- 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.
You are responsible for maintaining security on your computer against computer viruses and other possible security problems which may affect our network such as distributed denial of service attacks. 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 other customers in any way. Should you fail to take appropriate action to remove such a security risk your service may be terminated.
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 to our network from your computer. We may suspend your service if your computer has a virus which is affecting our network or other customers.
You should not have to make changes to firewalls or other security devices to use our service, but we do not accept liability for any change or consequence that may occur as a result of any such changes that you make.
We will cooperate with law enforcement agency investigations which may involve disclosure 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.
You can find all of our charges on our website. Please read the details of the charges before you sign up to a plan. We may change these charges from time to time, subject to:
- Any fixed term contract pricing commitments that we make to you, which we will not alter during the term; and
- Our obligations set out in the section headed “Term and Termination” below (relating to notification and your rights of termination).
Unused usage in any month cannot be carried over to the next month.
If you terminate the service during a billing period, service charges paid will not be refunded.
IIf you have agreed to take services for a specified contract term (fixed term contract), you must maintain your services until the end of the term or pay any applicable early termination fee, regardless of your reason for leaving us. Early termination fees are reasonable and necessary for Vividwireless to recoup costs associated with the cancellation of a fixed term contract. They are not imposed as a penalty for terminating your fixed term service early.
The Early Termination Fee (ETF) will be charged to your account. The Early Termination Fee (ETF) will be calculated as follows:
(Device RRP at activation)/fixed term length) * [months remaining] = ETF.
The Early Termination Fee is calculated using the device RRP at the point of activation. Hence even if the device RRP subsequently changes during the fixed-term period, the ETF will still be calculated based upon the RRP at the time of activation..
The ETF for a modem on a 24 month fixed term plan finishing 6 months early is:
Cost of Device ($199 / 24) * 6 = $49.75
You must pay to us the applicable GST payable for the supply of the services. All charges under these terms and on our website include GST. Charges on your bill are rounded up when GST is applied, and may vary a little for that reason.
Payment, interest and other charges
Every month we will send an email to your nominated email address with a link to your invoice. We do not send paper invoices. If you believe that there is a mistake in your invoice, please ring our Sales and Service Centre as soon as possible and we will investigate.
You must give us accurate credit card or bank account details and keep them current.
You agree that:
- We will invoice you monthly until service termination on approximately the same day each month following your commencement of the services. The charges will fall due a few days later (but if you are a direct bank debit customer, charges for your first month will appear on the invoice received in the following month);
- We will automatically charge the invoiced amount to your nominated account on or shortly after the due date specified on your invoice. This invoiced amount will include monthly charges for our service and any additional charges for products that you may have purchased that month. It will also include any other charges incurred by you in advance of your invoice being issued; and
- We are entitled to charge your account at or after termination for any outstanding fees you may owe us, including any applicable early termination fees or fees for any device or equipment that should have been returned to us.
- If your direct debit via credit card is declined, a direct debit via bank account is dishonoured or we do not receive payment for any other reason, we may suspend your access to the services. We will send you an email telling you that this has happened, or an SMS if you have given us your mobile number. If your bank account direct debit is dishonoured we will suspend your service immediately. If your credit card is declined and you have not arranged for payment within the period specified in our notice to you, your service will be suspended. If your account is suspended for this reason, you will be automatically redirected to a special web page which will explain how to have the suspension lifted. Your account will continue to be charged for your service while it is suspended.
- If charges continue to remain outstanding for more than 14 days, we may terminate your services. If we do terminate your services, you will be required to pay all charges outstanding at the time of termination. These charges may include charges for the month for which your payment was not made and the following month. If you are on a plan with a fixed contract term, you will also be required to pay an early termination fee if your termination date is before the end of your agreed contract term. If you revoke authorisation to charge your credit card or direct debit from your bank account, or if for any reason your card issuer or bank does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You will have to pay by an alternate method.
- If payments due to be made by you are delayed, we reserve the right to charge interest or a late fee, including administration fees if your direct debit is dishonoured. You will be responsible for any fees that your bank charges you in these circumstances. If you fail to pay on time for two consecutive months, we reserve the right to require you to pay for the remainder of your contract term in advance. If we have to chase you for payment, we will charge you any costs that we reasonably incur in doing so.
- If you are experiencing financial difficulty, please contact our Sales and Service Centre on 1300 32 78 37 to discuss payment arrangements. You can find our Financial Hardship Policy here.
Liability and indemnity
Our liability to you
You agree to use the service (and each of its features), accepting full risk and responsibility in doing so. You agree that, subject to below and to the full extent permitted by law, we are not liable to you for any loss or damage (including Consequential Loss, special or indirect loss or damage), whatsoever arising (including for Vividwireless’ breach of this Agreement), which you suffer under or in connection with this Agreement or the supply of the service, unless you suffer direct loss or damage because of any negligent act or negligent omission by us under or in connection with this Agreement. In this case we will be liable to you for any such direct loss or damage suffered. For example, we are not liable to you for any loss or damage (including Consequential Loss), that you suffer as a result of you or any other person using the service or any of its features for any improper purpose (including a purpose in breach of the Fair Go Policy or any other term of this Agreement).
Implied representations and warranties
The warranties that apply to devices and equipment are described above. This section refers to implied conditions and warranties that may otherwise be relevant to the service. If you are a consumer as defined in the Australian Consumer Law, our goods come with guarantees that cannot be excluded under that Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and that failure does not amount to a major failure.
You indemnify us
You indemnify us (hold us harmless and agree to reimburse us) for any loss or damage that we suffer relating to the use of the Vividwireless service by you. This indemnity does not apply to any loss or damage that we suffer as a result of any willful misconduct or reckless act or omission by us. Your obligations under this indemnity will continue despite the termination of this Agreement, until all monies that you owe us have been paid in full.
Term and termination of services
This agreement commences when you purchase a modem or any other device or equipment from us and sign up to a plan, and continues until terminated in accordance with these terms. We may terminate your services if you breach these terms, including the Fair Go Policy, in a significant or material way.
If you elect to terminate the services before the end of your fixed term contract period, we may impose the early termination fee applicable to the plan you chose when you joined up.
You must give us at least two days’ notice of termination by phone or email before the end of the current billing period. This includes the termination of a month to month plan.
We may terminate the services if we cease 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 Court orders.
We may also terminate the services if, in your dealings with our staff, you harass, insult or abuse any of them, including by reason of or by reference to their gender, ethnicity, race, nationality, language, sexual orientation, or religious beliefs.
Except in the case where we cease providing services on our network, if the services are terminated under this clause you must pay us all monies due. Termination will not affect either party's respective rights or remedies.
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 change 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 in writing (such as by email) and we will give you the option to terminate the services without paying any additional fee.
We comply with the Spam Act 2003 (Cth). If we send you promotional or marketing information you may reply requesting us not to send you any similar information. However, all of our official communication with you, including notices of upgrades and outages, invoices and so on, will be by email and/or SMS. You agree, as part of your acceptance of these terms and conditions, that we can send you emails for those and related purposes.
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.
We may transfer all or part of our rights and obligations under these Terms to our related bodies corporate. However, if assignment is likely to have a detrimental impact upon you, and that impact is more than a minor impact, we will notify you and give you the option to terminate the service.
You may not transfer your service. You are free to transfer ownership of your modem or other devices and equipment but if you do and you no longer wish to be responsible for payment, you must cancel your service and the new owner must enter into a new contract with us.
The only way in which we can be said to have given up any rights that we have under this Agreement is if we agree to do so in writing. Even if we give up one of our rights under this Agreement in a particular circumstance, that does not mean that we have generally relinquished that right. If we do not exercise a right, or delay the exercise of that right, that does not mean that we have relinquished that right altogether.
Governing law & jurisdiction
This Agreement is governed by the laws and jurisdiction of New South Wales.
Please contact our Sales and Service Centre on 1300 32 78 37 if you would like a copy of this Agreement in an alternative format, for example in a larger print size.
If any term in this Agreement or a right of either of us under this Agreement is not enforceable in a certain State or Territory that does not mean that:
- That term or right is not enforceable in any other State or Territory of Australia; or
- Any other term or right is not enforceable in that State or Territory of Australia or in any other State or Territory of Australia.
Our internal customer complaints procedure is designed to resolve your complaint with minimal fuss and expense. Please read our Complaints Handling Policy .
If you wish to make a complaint you can contact us:
By phone on 1300 32 78 37; or
By fax on 1300 31 94 54; or
In writing to us at Locked Bag 11, Joondalup, Western Australia, 6027.