• Your Local Connection to the NBN™

NBN™ Coverage Map

Critical Information

Product Description

The CQ Connect NBN plan is an internet package aimed at providing a high quality internet connection to users in Central Queensland and giving back to the community.

This product is a data only connection.

Pricing Information

Basic NBN Plans

  • Basic up to 12/1 mbps, 100GB Data, $59 per month
  • Basic up to 12/1 mbps, Unlimited Data, $69 per month

Standard NBN Plans

  • Standard up to 25/5 mbps,  100 GB Data, $69 per month
  • Standard up to 25/5 mbps,  Unlimited Data, $79 per month

Advanced NBN Plans

  • Advanced up to 50/20 mbps, 100GB Data, $79 per month
  • Advanced up to 50/20 mbps, Unlimited Data, $89 per month

Super NBN Plans

  • Super up to 100/40 mbps, 100GB Data, $89 per month * (if available)
  • Super up to 100/40 mbps, Unlimited Data, $99 per month * (if available)
All plans are under a minimum 12 month contract.
Setup charges of $129.00 will include a NBN ready modem.

Support a Local Organisation

CQ Connect will donate to a local organisation $2.50 per limited service or $5 per unlimited service per month for the period which the service is connect with CQ Connect under contract.

Details of the local organisations CQ Connect supports are available here.

Availability

  • This product is only available to customers who have access to the NBN Network.
  • This product is only available to customers within the Rockhampton and Mackay CSA.

Equipment Required

This service requires an NBN compatible modem.

CQ Connect only supports approved hardware.

Minimum Term

This service is subject to a 12 month agreement. Disconnection of this service prior to the end of the contract period will incur a $165 Early Termination Fee.

Installation Fee

There is no installation fee for this service however premises in a new development area are subject to the New Development Charge charged by NBN™ of $300.

If you don’t have an active phone line that you are willing to sacrifice in FTTN / FTTB areas, you may be required to pay for a subsequent install currently set at $300* exc. GST + Labour Rate + Materials *cost subject to change by NBNco.

Customer Support

Our Support Team is able to help with any support issues you may encounter.

They can be reached at 1300 488 898 or support@cqconnect.com.au.

NBN Availability

The CQ Connect NBN Plan may not be available in all areas or premises. There may be technical or commercial reasons that affect our ability to connect a service at your address. Please contact our team for availability on 1300 488 898.

Internet Speeds

The speeds described in the plan tiers may be higher than the practical speeds of some servers and customer equipment. NBN™ does not guarantee speeds above 25/5Mbps on a FTTN/FTTB connection. The download and upload speeds stated are the maximum that each type of link can deliver and will rarely, if ever, be achieved by any user for all sorts of reasons. CQ Connect makes no guarantees of any kind on the actual speeds that will be achieved by any individual users as we rely on NBN™ to ensure services are provisioned to deliver optimum speeds at all times. Speeds that customers experience on these services in practice have tended to be affected by the following internal and external factors:

  • The type of content being downloaded by the end-user;
  • The connection method within the premises (wireless or fixed);
  • The end-user’s network, operating system, hardware, software and software configuration (e.g. router/firewall configuration);
  • The number of individual end-users at a residence using the service at the same time;
  • The source of the content (the destination host) being downloaded (including any content server limitations);
  • Network contention or congestion in CQ Connect’s Network or any of our supplier’s networks;
  • For FTTN/FTTB connections, the distance from the Node to the premises and quality of the copper that services your premises and/or the internal wiring.

If you wish to change your speed after installation, a fee of $16.50 will be payable on your next invoice.

Billing Cycle and Upfront Payment

All CQ Connect plans are billed on the first of each month for that month.

If the service is activated between 2nd and 23rd, you will receive an interim bill for the period of activation date until end of month, then monthly after that.

If the service is activated between 24th and the end of the month, your first bill will be received on the 1st of the following month and will also include a pro-rata charge for the previous month.

All CQ Connect plans are to be paid by direct debit.

Upfront payment is required to process any CQ Connect NBN order.

Terms and Conditions

  • This Critical Information Summary form part of the Entire Agreement and needs to be read in conjunction with the Terms and Conditions available on the CQ Connect website.
  • Fair Use Policy applies.
  • This plan is for consumer/residential use only.
  • Connections to an existing NBN installation can take up to 3 business days.
  • Connections to premises requiring an NBN installation are subject to NBN technician availability.

Download Terms & Conditions.

Privacy Policy

Financial Hardship Policy

Customer Complaint Handling Policy

Fair Use Policy (“FUP”)

Our FUP is to ensure that you do not use our Services in an excessive or unreasonable manner. The CQ Connect FUP is intended to ensure all active customers have access to Services that are continuously of high quality.

If your usage of CQ Connect services is deemed excessive, we may contact you and request that you decrease your usage.

After contact from CQ Connect, should your usage continue to be excessive, CQ Connect may, without further notice to you:

  • Suspend or limit your Service, or service feature, for a length of time CQ Connect deems necessary;
  • Terminate your Agreement;
  • Revise the pricing of your service according to usage.

CQ Connect considers the excessive use threshold of utilisation to be over an average of 900Kbps per month.

Supporting You local Organisation

Terms & Conditions

We, CQ Connect (ABN: 31 618 903 549), will provide you, our customer, with services in accordance with these Terms and Conditions.

1 Our Agreement with You

1.1 These Terms and Conditions are referred to as the CQ Connect Terms and Conditions and comply with section 479 of the Telecommunications Act 1997.

1.2 We will provide you with The Service(s) in accordance with your Entire Agreement with us.

1.3 Your Entire Agreement with us consists of:

a) Your signed or online application form (or a copy thereof) or voice recording (or copy thereof) if you made the application by telephone;

b) Critical Information Statements / product brochure(s);

c) These Terms and Conditions which may be updated from time to time and are available on our website.

1.4 If these Terms and Conditions conflict with any item of 1.3 a) or b) then:

a) Unless you advise us that there is a conflict in your Entire Agreement then the provisions of these Terms and Conditions shall prevail;

b) If there is a conflict in your Entire Agreement we will immediately attempt to resolve the conflict with you.

1.5 We may vary product specifications, carriers and suppliers at any time.

1.6 You must notify us within fourteen (14) days if you change your address or other billing details.

1.7 The Entire Agreement commences when you sign the application form for The Service(s) or when you complete a voice recorded agreement with us to take The Service(s) and continues until terminated or expires.

1.8 The provision of The Service(s) commence when your account is created. Provisioning of The Service(s) can take up to 90 days.

2 The Service(s)

2.1 We will provide The Service(s) to you by using our facilities and those of other suppliers or carriers that enable The Service(s) to be provided.

2.2 The Services are supplied to you on the basis and to the extent that we are provided The Service(s) by other suppliers and carriers.

2.3 If any of The Service(s) is/are disrupted we will use our best endeavours to have The Service(s) reinstated as soon as we are able, taking into account all the circumstances.

2.4 The Services may be added to or varied at any time by you agreeing with us in writing.

2.5 We reserve the right to change those other suppliers or carriers without reference to you but subject to The Service(s) being of no lesser standard.

3 Charges

3.1 We will send you an invoice for services based on our current charges.

3.2 The prices and rates of products and services are subject to change from time to time and we will give you prior written notice of at least 30 days.

3.3 Invoices are issued to you monthly in advance for plan charges or line rental (if you have that service) and monthly in arrears for any usage charges.

3.4 If The Service(s) are connected within the first 21 days of a calendar month, an interim invoice will be issued for the period from the connection date until the end of that calendar month.

3.5 Invoices will include most of our charges relating to that billing period but may also include charges from previous billing periods incurred no more than 190 days before the current billing period.

3.6 If applicable, GST will be added to all charges where not already included.

3.7 Other charges that may appear on your invoices are:

a) interest calculated at a rate of 8.5% p.a. if your account is not paid by its due date;

b) other carriers' and suppliers' charges to us with our margin included for services and add-on services, including fees for connection, initiation, increases, monthly connections or cancellation of any service;

c) $30.00 fee for each service transferred if you require a change of Lessee;

d) Usage based charges in accordance with our published tariff if connection is made to an Internet Service Provider (ISP);

e) 1.5% surcharge if you pay your bill by credit card;

f) $5.50 payment declined/dishonoured fee;

g) Other charges as per the Critical Information Summary and/or product brochure.

4 Payments

4.1 Payment of our invoice will be direct debited from debit card, credit card or bank account fourteen (14) days of the date of the invoice.

4.2 If payment is not received by the due date we may suspend, temporarily disconnect or discontinue all or part of our services to you after the required notice period is given.

5 Collection of Overdue Monies

5.1 We may engage the services of a third-party supplier for the purposes of collecting overdue amounts.

5.2 In the event invoices remain unpaid and require the use of a mercantile agency, you agree to indemnify CQ Connect of all costs associated with this collection.

5.3 We will notify you in writing prior to taking any debt recovery actions that will result in further charges to you.

6 Credit and Privacy

6.1 Subject to the Privacy Act 1988 (Cth) we may use your personal information, including your name, address and other information you give us in your application.

6.2 We may disclose personal information you provide to us to a credit reporting agency.

6.3 You agree the credit report containing personal information about you can be given to any credit reporting agency to help assess your application for commercial credit, or for collecting overdue payments that are owed by you to us.

6.4 We can obtain information about your credit worthiness from any person or body who provides this information to assist in our assessment of your application for commercial credit.

6.5 We may at our absolute discretion conduct periodic credit worthiness assessments.

6.6 We can provide your personal information to:

a) Collection agents to recover overdue amounts you may owe us;

b) Carriers or service providers if they need information to provide the service to you;

c) To government or regulatory bodies as may be required by law.

6.7 Except for uses stated above we will keep your personal information confidential.

7 Exclusion of Liability

7.1 We will use our best endeavours at all times to provide a fault free service to you. However, our ability to provide a fault free service depends on the services of other carriers and suppliers.

7.2 We are not liable in any circumstances to you or any person claiming through you under statute or the common law for:

a. Any property or economic loss or damage (including loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits);

b) Any direct, indirect or consequential loss, howsoever arising;

c) The acts or omissions of any of our employees, officers, agents, contractors, subcontractors, carriers or suppliers of The Service(s) or of the failure of, or fault or defect in, any telecommunication service, network, facility, equipment or service, used by us in supplying The Service(s);

d) Any loss of whatever nature caused or contributed to by any delay or default in performance under this agreement, if it is caused by any event reasonably beyond our control including but not limited to:

i. Delay or failure of any other supplier or service on whom we rely to provide The Service(s);

ii. Any delay in installing any Service;

iii. Any delay in correcting any fault in any service;

iv. Failure or incorrect operation of any service;

v. Industrial action or trade embargo;

vi. Force Majeure including war, civil strife, Acts of Terrorism, Pandemics, and Acts of God.

7.3 Any liability that we might otherwise have is reduced by the extent that any loss or damage suffered by you has been caused or contributed to by you.

7.4 You acknowledge that any liability that a carrier or supplier has to you or us in relation to telecommunication service is governed by the terms and conditions current from time to time under which the carrier supplies service(s) to its own customers.

7.5 You agree to indemnify us and keep us indemnified from and against any liability, loss or damage sustained by any third party or any party claiming through you, where such loss or damage is caused directly or indirectly by any breach of the Entire Agreement by us, or any claim or action arising directly out of any negligent or wilful act of ours or any of our employees, officers, agents, contractors, or subcontractors

7.6 The failure by CQ Connect to exercise any right or remedy under the Entire Agreement in a timely manner does not in any way constitute acceptance of the matter which gave rise to the right or remedy, nor does it constitute a waiver by CQ Connect of such right or remedy.

8 Termination

8.1 You may terminate the Entire Agreement at any time by giving us no less that 30 days’ notice of your intention to terminate. However, if your Entire Agreement is a fixed-length agreement and you are terminating within the minimum period, then you may be liable to pay a cancellation fee and or contract payout fee applicable to your particular rate plan at the time of cancellation. If you fail to give us 30 days’ notice and you go directly to another service provider, our automated system will retain your account. Your account will continue with us for 30 days before it can be moved to another service provider.

8.2 You may terminate the Entire Agreement immediately if we breach or fail satisfactorily to perform or observe the Terms and Conditions of the Entire Agreement. 8.3 Notice to terminate the Entire Agreement under clauses 8.1.and 8.2may be made by one of the following methods:

a) Telephone: 1300 488 898

b) E-mail: support@cqconnect.com.au

c) In writing: GPO Box 749, Brisbane Qld 4001 8.4 If the Agreement is terminated under this Clause 8:

a) You are liable for any charges incurred up to and including the date The Service(s) is cancelled, you authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges; and where there are no outstanding charges we will refund on a pro-rata basis any over payment and any money you have paid in advance for The Service(s);

b) If you are required to pay for The Service(s) by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account; c) If the Entire Agreement is terminated by you under clause 8 and we then reinstate the service, you may have to pay a reconnection or reactivation fee.

8.5 Local Number Portability a) If the Entire Agreement is terminated by you under Clause 8 and you wish to change the carrier but keep your existing telephone number, then you agree to pay CQ Connect an administrative fee(s) for this service;

b) You must contact CQ Connect to request the Local Number Portability fee(s) information.

9 Transfer of Services

9.1 In order for you to use our services we may need to change your arrangements with your current telecommunications services supplier. In which case:

a) You appoint us as your agent to transfer your account for these Services to us and you authorise us to sign, on your behalf and in your name, the authority that will cause your current supplier to transfer your account to us;

b) If we request, you must give written instructions to your current supplier;

c) You must pay your current supplier all amounts owed to them;

d) If you ask to transfer your account to another supplier, you must pay our charges up to date of transfer of the services, as well as any termination fees applicable.

10 Information

10.1 You hereby consent to:

a) The carrier and CQ Connect and related bodies corporate exchanging information about you;

b) Provide us with any information we request in connection with our providing The Service(s) to you under this Agreement;

c) Our conducting a physical audit of The Service(s) and any Equipment supplied in respect of The Service(s);

d) The carrier disclosing to us all records and in particular exchange line details, telephone accounts information, call charge records and call event records, data usage records, Internet service details.

e) Receiving marketing materials from us or our associated companies unless you request otherwise.

10.2 We retain all intellectual property rights in any information relating to the Services, the design or operation of our network and other technical information relating to the provision of the Services.

11 Complaints and Disputes

11.1 If you have any complaints in connection with your Service(s), you may complain in writing or by calling us. We will handle your complaint in accordance with our Customer Complaints Handling Policy (available from our website).

11.2 If we are unable to resolve your complaint to your satisfaction you may take your complaint through other avenues, such as the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the Department of Fair Trading or Department of Consumer Affairs in your state or territory.

12 Our Equipment

12.1 Equipment is any equipment provided by us or any third party to you for purchase or hire in relation to the provision of The Service(s).

12.2 Risk in any Equipment passes to you upon delivery. You accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.

12.3 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under the Entire Agreement and the cost of such Equipment have been paid in full. You hold the Equipment as bailee for us.

12.4 If Equipment is installed at premises occupied by you, you must not interfere with the Equipment or its installation.

12.5 You irrevocably grant to us, our agents and servants, leave and license without the necessity of giving any notice to enter at any time on and into premises occupied by you using reasonable force if necessary to inspect, search for and retake possession of any Equipment in respect to which payment is overdue. You shall indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from such possession.

12.6 On the termination of this Agreement, you must immediately return to us all Equipment owned by us or make it available for our collection.

13 Other Equipment

13.1 Where you have equipment which another supplier uses to provide you with services, we will disconnect that equipment when you transfer the services to us and we connect our Equipment (if any). You must immediately notify that supplier that you have transferred your services to us and arrange for them to remove their equipment from the premises.

14 Cooling Off Period

14.1 There is a ten (10) business day cooling off period starting from date of application which may be either in writing or a voice recording if you made the agreement by telephone.

14.2 If any Equipment is returned opened, charges may apply.

14.3 To exercise your right to cancel within the ten (10) day cooling off period you must notify us by one of the following:

a) Telephone: 1300 488 898

b) E-mail: support@cqconnect.com.au

15 Contracted Term or Minimum Spend

15.1 If your Service is under contract, and your Service is terminated for whatever reason (other than cooling off or our default), you agree to pay any applicable Contract Payout fee and/or Cancellation fees.

15.2 If your Service is subject to a minimum spend requirement, you agree to pay such minimum amount.

15.3 We reserve the right to change the terms and rates without notice should they offend the Fair Use Policy in clause 21.

16 GST

16.1 Unless expressly stated otherwise, the charges payable for The Service(s) under the Entire Agreement are exclusive of GST. You must pay to CQ Connect in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services.

17 Notices

17.1 Any notice to be given must be addressed as set out in these Terms and Conditions or as last notified by each party to the other.

17.2 Notices may be hand delivered, sent by prepaid mail or email.

17.3 Notices sent:

a) by prepaid mail will be taken to be received on the third Business Day after posting; and

b) by email will be taken to be received when the email enters the recipientthe communicati

18 Governing Law

18.1 This Agreement is governed by the laws in force in the State of Queensland. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

19 General

19.1 If any part of these Terms and Conditions is found to be invalid or of no force or effect the Terms and Conditions shall be construed as though such part had not been inserted and the remainder of these Terms & Conditions shall retain its full force and effect.

19.2 We may assign the benefit of the Entire Agreement at any time to a person or corporation nominated by us, including a carrier and in this event, such assigned or nominated carrier shall deal directly with you for the purpose associated with the provision of The Service(s) under the Entire Agreement.

19.3 Any and all legal costs incurred by us in enforcing our rights pursuant to the Entire Agreement including but not limited to the recovery of monies payable by you, are payable by you to us on a full indemnity basis.

20 Direct Debit Agreement

20.1 By signing a Direct Debit Request on your application form, or providing us with valid instructions, you have authorised us to arrange for funds to be debited from your account as and when they fall due.

20.2 We will advise you, in writing, the details of our invoice at least fourteen (14) calendar days prior to the first drawing.

20.3 Where the due date falls on a non-business day, we will draw the amount on the next business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

20.4 We will not change the frequency of drawing arrangements without your prior approval.

20.5 We reserve the right to cancel the drawing arrangements if three or more drawings are returned unpaid by your nominated financial institution and to arrange with you an alternative payment method.

20.6 We will keep all information pertaining to your nominated account at your financial institution, private and confidential.

20.7 You may change the drawing arrangements at any time by giving written notice to us. Such notice should be received by us at least ten (10) business days prior to the due date.

20.8 Where you consider that there has been an error in debiting your account (outside our arrangements) you should take the matter up directly with us.

20.9 If we conclude that your account has been incorrectly debited, we will arrange for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you of the amount by which your account has been adjusted.

20.10 If we conclude as a result of our investigations that your account has been correctly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

20.11 We reserve the right to charge a dishonour fee where funds are not available when drawing takes place.

20.12 You must:

a) Ensure sufficient funds are available in your account to meet a drawing on its due date;

b) Ensure the authorisation given to draw on the nominated account is identical to the account signing instruction held by the financial institution where the account is based;

c) Advise us if your nominated account is transferred or closed.

20.13 If there are insufficient funds in your account to meet a debit payment:

a) You may be charged a fee and/or interest by your financial institution;

b) You may also incur fees or charges imposed or incurred by us; and

c) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

21 Fair Use Policy (“FUP”)

21.1 Our FUP is to ensure that you do not use The Service(s) in an excessive or unreasonable manner. The CQ Connect Fair Use Policy is intended to ensure all active customers have access to The Service(s) that are continuously of high quality. It also includes any plan based on special conditions in favour of the customer.

21.2 If your usage of CQ Connect services is deemed excessive, we may contact you and request that you decrease your usage.

21.3 After contact from CQ Connect, should your usage continue to be excessive, CQ Connect may, without further notice to you:

a) Suspend or limit your Service, or service feature, for a length of time CQ Connect deems necessary;

b) Terminate your Agreement;

c) Revise the pricing of your service according to usage.

21.4 The details of what CQ Connect deem as excessive usage can be found on the Critical Information Summaries.

21.5 CQ Connect reserves the right to review or amend this policy from time to time. Please refer to the CQ Connect website for the most recently updated Terms and Conditions and Critical Information Summaries.

22 Compliance

22.1 You will ensure that you comply at all times with all laws and obligations, including license conditions, applicable to the Services and their use.

22.2 You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense we suffer as a result of you doing so.

23 Broadband Service Acceptable Use Policy 23.1 All services are subject to the Internet Acceptable Use Policy per clause 24.

23.2 By using The Service(s) you agree to the terms laid out in the policy below.

24 Internet Acceptable Use Policy

24.1 About this policy

This policy is set out below - please read it carefully. Your use of the service is subject to the following rules and guidelines contained in this policy.

24.2 General

This policy is designed to ensure that your use of the service does not break any laws, hinder the efficient operation of Our Network, interfere with the rights of our Customers, or interfere more generally with the rights of Internet users.

You are responsible for ensuring that use of the service and your Account (if any) complies with this policy. You are also responsible for any use of the service even if, for example, it was used, with or without your consent, by a friend, family member, guest or employee who gains access to the service or your Account.

If we amend this policy, we may notify you, and you hereby consent to us sending you notices in such a way, by using one or more of the following methods:- mail (to the last address you have given us), email (to your primary email address), or notice on our web site.

You should consult this policy regularly to ensure that your activities conform to the most recent version. If there is an inconsistency between any other part of your agreement and this policy, this policy will apply.

If you become aware of any violations of this policy by other users you should contact us.

24.3 Illegal Activity

You must not use the service for any activity that breaches any law or violates any local, state, federal or international law, order or regulation.

Prohibited activities include (but are not limited to): posting, disseminating, or in some cases accessing, content which is unlawful, including: content that is or would be classified by the Classification Board as RC rated or X rated and that is or would be classified by the Classification Board as R rated where a Restricted Access System is not in place, content which violates the copyright or other intellectual property rights of others.

You assume all risks regarding the determination of whether material is in the public domain, or content that defames, harasses or abuses anyone or violates their privacy, pyramid or other illegal soliciting schemes, or any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

24.4 Security

You are responsible for any misuse of the service.

You must take reasonable steps to ensure that others do not gain unauthorised access to the service and your Account.

The service must not be used to obtain or attempt to obtain unauthorised access to any computer, system or network. If you do not have authorisation, prohibited activities include (but are not limited to): accessing, monitoring or using any data, systems or networks, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the Account or private information of any other person or entity, accessing any server in violation of any acceptable use policy of that server.

You must not: use (or attempt to use) or distribute tools designed for compromising security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools, knowingly transmit or disseminate any information or software, which contains a virus or other harmful feature, use (or attempt to use) the service in a manner that may interfere with the technical operation of the service or any other computer, system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host, or interfere (or attempt to interfere) with the regular workings of our systems or network connections.

You are solely responsible for the security of any device you choose to connect to the service, including any data stored on that device.

We recommend against enabling file or printer sharing of any sort. We recommend that any files or services you do choose to make available for remote access be protected with a password or other appropriate measures to prevent unauthorised access.

You must notify us immediately of any unauthorised or attempted unauthorised use of your service and any other breach or attempted breach of security.

24.5 Risks of the Internet

Some activities that you can perform when accessing the Internet may be harmful or cause loss to you, other people that may access your service, or your equipment. Typical activities include (but are not limited to): downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to your computer, purchasing goods or services using the Internet, transmitting confidential information over the Internet (such as your credit card number or other personal information), or accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).

You bear all risk associated with the activities referred to in paragraph (a) above, and we do not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.

You may minimise the risk of accessing illegal or offensive content as well as managing use of the Internet by using a Filtering Solution. You have the right to make complaints to the Australian Communications and Media Authority about Internet content which is or would classified by the Classification Board as X rated, RC rated, or R rated and does not have a Restricted Access System in place.

24.6 Content Publishing

You are solely responsible for any content that you publish via websites, email, newsgroups, Online Forums or other publishing mediums accessed via the service.

You must not publish material that is or would be classified by the Classification Board as RC rated or X rated via websites, email, newsgroups or other publishing mediums accessible via the service.

You must take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them. This includes implementing a Restricted Access System on content that is or would be classified by the Classification Board as R rated.

We also encourage you to use appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children. We reserve the right to block access to, to remove, or to refuse to post any content, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates privacy rights or intellectual property rights of others, or is likely to be defamatory of another person. Commonwealth legislation allows the Australian Communications and Media Authority to direct us to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain Internet content.

We may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from the Australian Communications and Media Authority, including removing any content (including part or all of a website) from our servers, blocking access to newsgroups, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website.

We may take these steps at any time and without notice to you. Commonwealth legislation allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessing copyright materials.

We may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from our servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website.

We may take these steps at any time and without notice to you.

We are under no obligation to monitor transmissions or published content on the service.

However, we (or our agents) have the right to monitor such transmissions or published content from time to time and to disclose that content. By using the service to reproduce, publish, display, transmit or distribute content, you warrant that the content complies with this policy and authorises us (or our agents) to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner.

24.7 Electronic Messaging

You must not use the service to send bulk and/or unsolicited messages. This includes, but is not limited to commercial advertising, informational announcements, charity requests, and petitions for signatures, chain letters and political or religious messages.

You must only send such a message to those individuals who have explicitly requested it. The service must not be used to: send messages to any individual or entity who has indicated that he/she/it does not wish to receive messages from you, collect or redirect responses from unsolicited messages sent from Accounts on other Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or web site. Moreover, unsolicited messages sent from Accounts on other Internet hosts or messaging services may not direct the recipient to any web site or other resource that uses Our Network. You must not: obscure, alter or delete the source of messages that you send or forge message headers, send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or Account (for example, ‘mail bombing’), send chain letters, whether or not the recipient wishes to receive such mailings.

We are not responsible for forwarding or storing messages sent to any Account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.

24.8 Online Forums This clause applies to Online Forums, in addition to clause 24.7 Messages posted to an Online Forum must comply with the written charters for that forum.

You are responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to Online Forums that specifically permit this. Posting or cross-posting the same or substantially similar messages to more than eight Online Forums is prohibited.

You must not disrupt or attempt to disrupt Online Forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.

You must not use the service to connect to an Online Forum from which you have been previously banned.

24.9 Automated Applications

The service is provided for interactive use. However, if automated programs or programs that maintain a persistent connection to a remote service are used, they must only be used when you are physically present at the computer. These activities include (but are not limited to) automated file downloading, IRC ‘bots’, continuous streaming media and peer-topper file sharing applications.

24.10 Violation of Internet Acceptable Use Policy

If you, or someone with access to the service, use the service in a way that we, in our sole discretion, believe violates this policy or any other term of your agreement, we may take any responsive action we deem appropriate. Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any portion of the service.

We have no liability for any such responsive actions and may take any other legal or technical action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.

If your use of the service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.

We are not obligated to regularly monitor your usage of the service (including any content posted, disseminated or accessed by you); however we reserve the right to monitor your use of the service to identify violations of this policy, and to protect Our Network, the other users of this service, and other Internet users.

We reserve the right to investigate suspected violations of this policy, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the Account(s) involved, interrupt transmissions and/or remove material that potentially violates this policy.

In order to enforce this policy, you authorise us (or our agents) to cooperate with: law enforcement authorities in the investigation of suspected criminal violations, and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include us providing, for example, the username, IP address or other identifying information about a user. Upon cancellation of an Account, we are authorised to delete any files, programs, data and email messages associated with the Account. Any failure by us to enforce this policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This policy is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and territories.

24.11 What Do Words In This Internet Acceptable Use Policy Mean?

Account means the email account (if any) where you are billed (or you have prepaid) for one or more services and through which you can monitor and request changes to the service.

Classification Board is the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cth).

Customers means customers who are connected to one of the services.

Electronic messaging includes all forms of electronic communications to other individuals including email, instant messaging, web to SMS, Internet chat and Online Forums.

Filtering solutions means Internet filtering software or system approved for use under the Internet Industry Association Content Codes of Practice registered under the Broadcasting Service Act 1992 (Cth). The Internet Industry Association provides a list of approved filtering solutions on its website – www.iia.net.au

Online forum mean a forum accessible on the Internet that is generally devoted to the discussion of a specific topic area and includes (but is not limited to) newsgroups, message boards, chat

rooms or mailing lists.

Our network means the network(s) used to supply the Service to you as set out in the relevant service description.

R rated includes (but is not limited to) material containing excessive and/ or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contains depictions

that requires an adult perspective.

RC rated includes (but is not limited to) material containing detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, real depictions of actual sexual activity or obscene material.

Restricted Access System means a restricted access system as referred to on the Australian Communications and Media Authority website at www.acma.gov.au.

Service means each of the NBN, or Wireless Internet Service as applicable to the individual user.

X rated includes (but is not limited to) material containing real depictions of actual sexual acts.

Last update: 24 October 2017

Privacy Policy

Overview

CQ Connect is committed to providing its customers with the highest levels of customer service and support. This includes protecting your privacy throughout all interactions between you and us, in accordance with the Privacy Act 1988 and the National Privacy Principles. This policy outlines the information that we may collect from you for the purposes of providing a service, what we may do with that information and how we protect it.

If you have any concerns about the manner in which your personal information has been collected, used or disclosed by us, please contact our Support team on 1300 488 898, Mon-Fri, 8:00am-5:00pm (AEST).

What is Personal information?

The Privacy Act 1988 defines personal information as information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.

Personal information collected by us may include your name, date of birth, current and previous addresses, telephone or mobile numbers, email address, bank account or credit card details, occupation, driver’s licence and your CQ Connect account number and password. We also hold information relating to the provision of your service, including service details, billing and payment history and associated information.

If you choose not to provide us with certain personal information, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.

How do we collect your personal information?

We collect personal information in a number of ways, including, but not limited to:

· When you complete a CQ Connect Account Application Form, online enquiry form or similar;

· From other companies within CQ Connect Group;

· From third party organisations including credit reporting agencies, law enforcement agencies and other government entities;

· From publicly available sources of information i.e. Market Research agencies;

· When you visit our website, social media pages or other pages that we own and manage;

· When you visit external pages through our internal Account Management Portal; and

· During recordings of calls that you may make to CQ Connect. These calls may be recorded for quality, coaching and business purposes.

As much as possible, however, we will collect your information directly from you. If we collect details about you from someone else, we will take all reasonable steps to make you aware that we have done this and why.

How is your personal information used?

Your personal information may be used for multiple purposes, including, but not limited to:

· Verification of your identity;

· Provision of your service and associated contracts or agreements;

· Carrying out Credit Checks and Credit Reporting activities as agreed to by you;

· Generation and management of your monthly invoice and carrying out periodic debt recovery functions as required;

· Dealing with enquiries or complaints and fulfilling other customer care duties;

· Carrying out business analysis and development activities;

· Contacting you about our products and services;

· Conducting internal investigations in relation to criminal or fraudulent activity, detection or prosecution of such activities; and

· For any other purposes that would reasonably be expected.

Who do we disclose your personal information to?

During the course of normal business operations, we may disclose your personal information to internal or 3rd party organisations including:

· Various Credit Management and Credit Reporting agencies in order to assess or evaluate your credit history in accordance with the Privacy Act 1988 and relevant credit reporting legislation;

· Our service and content providers, dealers and agents, contractors and advisers;

· Our mobile phone manufacturers and repairers;

· Other companies within the CQ Connect Group;

· Your authorised representatives or legal advisors;

· Our professional advisors, including lawyers, accountants, tax advisors and auditors;

· Debt recovery agencies, in accordance with our Credit Management procedures;

· Regulatory or government bodies for the purposes of investigation and resolving a customer complaint;

· Law enforcement bodies to assist in their functions, Courts of Law or as otherwise required and enforced by law;

· Other Telecommunications service providers for the purposes of Unwelcome Calls tracking and resolving Number Portability issues;

· Any other person or organisation that would be reasonably expected.

We may also disclose relevant personal information without your consent in the following

circumstances:

· When it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be disclosed or used for such a purpose;

· If we reasonably believe that the disclosure or use is necessary to lessen or prevent a serious or imminent threat to a person’s life, health or safety or to lessen or prevent a serious or imminent threat to public safety;

· If we have reason to believe that unlawful activity has been or is being engaged in; or

· If it required or authorised by law.

We are also required to disclose certain personal information to the manager of the Integrated Public Number Database (IPND). This information is specifically used to assist and direct emergency services in a life threating or otherwise unsafe situation and to assist in safeguarding national security. If you consent, information from the IPND may also be published publicly in telephone directories or used by directory assistance.

Is the information we keep accurate?

CQ Connect endeavours to keep accurate and up-to-date records, however, sometimes details or circumstances change and we are not notified. In order to ensure that we have the most accurate records for you, we recommend that you notify us of any change in details as a result of moving, change of personal circumstances or other cause. This allows us to ensure accurate billing and continuity of service to all of our customers.

Can I access the information that you keep on me?

Yes, under the Privacy Act 1988, you may request access to the personal information that we may have on record for you. If you wish to view this information, please complete a Request for Personal Information Form, available on our Legal & Policies page at www.cqconnect.com.au. CQ Connect reserves the right to levy a fee for the provision of this information, dependent on the circumstances.

If you wish to enquire about accessing the personal information that we may hold on you, you can also contact our Support Team on 1300 488 898, Mon-Fri, 8:00am-5:00pm (AEST).

Is my personal information kept secure?

Under the Privacy Act 1988 and the National Privacy Principles, CQ Connect is required to protect and secure your personal information to prevent theft, loss or modification. As such, it is critically important that you protect your login credentials carefully and ensure that no other person is able to access the portal or the included information.

How do I get more information?

If you have any questions related to Privacy or this policy, please do not hesitate to contact

us through any of the following methods:

Phone: 1300 488 898

Email: support@cqconnect.com.au

Mail: GPO Box 749, Brisbane Qld 4001

Information is current as of 24/10/2017 and is subject to change without notice.

Check the NBN™ rollout plan for your address

Use the NBN™ Coverage Map below to find out what NBN technology and NBN Plans are available to you now, and in the future. To get started, check your address below.

For further information on rollout or anything else about the NBN™ give us a call on 1300 488 898.

NBN™ Coverage Map

 

Please click here if coverage map does not load

Terms & Conditions

We, CQ Connect (ABN: 31 618 903 549), will provide you, our customer, with services in accordance with these Terms and Conditions.

1 Our Agreement with You

1.1 These Terms and Conditions are referred to as the CQ Connect Terms and Conditions and comply with section 479 of the Telecommunications Act 1997.

1.2 We will provide you with The Service(s) in accordance with your Entire Agreement with us.

1.3 Your Entire Agreement with us consists of:

a) Your signed or online application form (or a copy thereof) or voice recording (or copy thereof) if you made the application by telephone;

b) Critical Information Statements / product brochure(s);

c) These Terms and Conditions which may be updated from time to time and are available on our website.

1.4 If these Terms and Conditions conflict with any item of 1.3 a) or b) then:

a) Unless you advise us that there is a conflict in your Entire Agreement then the provisions of these Terms and Conditions shall prevail;

b) If there is a conflict in your Entire Agreement we will immediately attempt to resolve the conflict with you.

1.5 We may vary product specifications, carriers and suppliers at any time.

1.6 You must notify us within fourteen (14) days if you change your address or other billing details.

1.7 The Entire Agreement commences when you sign the application form for The Service(s) or when you complete a voice recorded agreement with us to take The Service(s) and continues until terminated or expires.

1.8 The provision of The Service(s) commence when your account is created. Provisioning of The Service(s) can take up to 90 days.

2 The Service(s)

2.1 We will provide The Service(s) to you by using our facilities and those of other suppliers or carriers that enable The Service(s) to be provided.

2.2 The Services are supplied to you on the basis and to the extent that we are provided The Service(s) by other suppliers and carriers.

2.3 If any of The Service(s) is/are disrupted we will use our best endeavours to have The Service(s) reinstated as soon as we are able, taking into account all the circumstances.

2.4 The Services may be added to or varied at any time by you agreeing with us in writing.

2.5 We reserve the right to change those other suppliers or carriers without reference to you but subject to The Service(s) being of no lesser standard.

3 Charges

3.1 We will send you an invoice for services based on our current charges.

3.2 The prices and rates of products and services are subject to change from time to time and we will give you prior written notice of at least 30 days.

3.3 Invoices are issued to you monthly in advance for plan charges or line rental (if you have that service) and monthly in arrears for any usage charges.

3.4 If The Service(s) are connected within the first 21 days of a calendar month, an interim invoice will be issued for the period from the connection date until the end of that calendar month.

3.5 Invoices will include most of our charges relating to that billing period but may also include charges from previous billing periods incurred no more than 190 days before the current billing period.

3.6 If applicable, GST will be added to all charges where not already included.

3.7 Other charges that may appear on your invoices are:

a) interest calculated at a rate of 8.5% p.a. if your account is not paid by its due date;

b) other carriers' and suppliers' charges to us with our margin included for services and add-on services, including fees for connection, initiation, increases, monthly connections or cancellation of any service;

c) $30.00 fee for each service transferred if you require a change of Lessee;

d) Usage based charges in accordance with our published tariff if connection is made to an Internet Service Provider (ISP);

e) 1.5% surcharge if you pay your bill by credit card;

f) $5.50 payment declined/dishonoured fee;

g) Other charges as per the Critical Information Summary and/or product brochure.

4 Payments

4.1 Payment of our invoice will be direct debited from debit card, credit card or bank account fourteen (14) days of the date of the invoice.

4.2 If payment is not received by the due date we may suspend, temporarily disconnect or discontinue all or part of our services to you after the required notice period is given.

5 Collection of Overdue Monies

5.1 We may engage the services of a third-party supplier for the purposes of collecting overdue amounts.

5.2 In the event invoices remain unpaid and require the use of a mercantile agency, you agree to indemnify CQ Connect of all costs associated with this collection.

5.3 We will notify you in writing prior to taking any debt recovery actions that will result in further charges to you.

6 Credit and Privacy

6.1 Subject to the Privacy Act 1988 (Cth) we may use your personal information, including your name, address and other information you give us in your application.

6.2 We may disclose personal information you provide to us to a credit reporting agency.

6.3 You agree the credit report containing personal information about you can be given to any credit reporting agency to help assess your application for commercial credit, or for collecting overdue payments that are owed by you to us.

6.4 We can obtain information about your credit worthiness from any person or body who provides this information to assist in our assessment of your application for commercial credit.

6.5 We may at our absolute discretion conduct periodic credit worthiness assessments.

6.6 We can provide your personal information to:

a) Collection agents to recover overdue amounts you may owe us;

b) Carriers or service providers if they need information to provide the service to you;

c) To government or regulatory bodies as may be required by law.

6.7 Except for uses stated above we will keep your personal information confidential.

7 Exclusion of Liability

7.1 We will use our best endeavours at all times to provide a fault free service to you. However, our ability to provide a fault free service depends on the services of other carriers and suppliers.

7.2 We are not liable in any circumstances to you or any person claiming through you under statute or the common law for:

a. Any property or economic loss or damage (including loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits);

b) Any direct, indirect or consequential loss, howsoever arising;

c) The acts or omissions of any of our employees, officers, agents, contractors, subcontractors, carriers or suppliers of The Service(s) or of the failure of, or fault or defect in, any telecommunication service, network, facility, equipment or service, used by us in supplying The Service(s);

d) Any loss of whatever nature caused or contributed to by any delay or default in performance under this agreement, if it is caused by any event reasonably beyond our control including but not limited to:

i. Delay or failure of any other supplier or service on whom we rely to provide The Service(s);

ii. Any delay in installing any Service;

iii. Any delay in correcting any fault in any service;

iv. Failure or incorrect operation of any service;

v. Industrial action or trade embargo;

vi. Force Majeure including war, civil strife, Acts of Terrorism, Pandemics, and Acts of God.

7.3 Any liability that we might otherwise have is reduced by the extent that any loss or damage suffered by you has been caused or contributed to by you.

7.4 You acknowledge that any liability that a carrier or supplier has to you or us in relation to telecommunication service is governed by the terms and conditions current from time to time under which the carrier supplies service(s) to its own customers.

7.5 You agree to indemnify us and keep us indemnified from and against any liability, loss or damage sustained by any third party or any party claiming through you, where such loss or damage is caused directly or indirectly by any breach of the Entire Agreement by us, or any claim or action arising directly out of any negligent or wilful act of ours or any of our employees, officers, agents, contractors, or subcontractors

7.6 The failure by CQ Connect to exercise any right or remedy under the Entire Agreement in a timely manner does not in any way constitute acceptance of the matter which gave rise to the right or remedy, nor does it constitute a waiver by CQ Connect of such right or remedy.

8 Termination

8.1 You may terminate the Entire Agreement at any time by giving us no less that 30 days’ notice of your intention to terminate. However, if your Entire Agreement is a fixed-length agreement and you are terminating within the minimum period, then you may be liable to pay a cancellation fee and or contract payout fee applicable to your particular rate plan at the time of cancellation. If you fail to give us 30 days’ notice and you go directly to another service provider, our automated system will retain your account. Your account will continue with us for 30 days before it can be moved to another service provider.

8.2 You may terminate the Entire Agreement immediately if we breach or fail satisfactorily to perform or observe the Terms and Conditions of the Entire Agreement. 8.3 Notice to terminate the Entire Agreement under clauses 8.1.and 8.2may be made by one of the following methods:

a) Telephone: 1300 488 898

b) E-mail: support@cqconnect.com.au

c) In writing: GPO Box 749, Brisbane Qld 4001 8.4 If the Agreement is terminated under this Clause 8:

a) You are liable for any charges incurred up to and including the date The Service(s) is cancelled, you authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges; and where there are no outstanding charges we will refund on a pro-rata basis any over payment and any money you have paid in advance for The Service(s);

b) If you are required to pay for The Service(s) by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account; c) If the Entire Agreement is terminated by you under clause 8 and we then reinstate the service, you may have to pay a reconnection or reactivation fee.

8.5 Local Number Portability a) If the Entire Agreement is terminated by you under Clause 8 and you wish to change the carrier but keep your existing telephone number, then you agree to pay CQ Connect an administrative fee(s) for this service;

b) You must contact CQ Connect to request the Local Number Portability fee(s) information.

9 Transfer of Services

9.1 In order for you to use our services we may need to change your arrangements with your current telecommunications services supplier. In which case:

a) You appoint us as your agent to transfer your account for these Services to us and you authorise us to sign, on your behalf and in your name, the authority that will cause your current supplier to transfer your account to us;

b) If we request, you must give written instructions to your current supplier;

c) You must pay your current supplier all amounts owed to them;

d) If you ask to transfer your account to another supplier, you must pay our charges up to date of transfer of the services, as well as any termination fees applicable.

10 Information

10.1 You hereby consent to:

a) The carrier and CQ Connect and related bodies corporate exchanging information about you;

b) Provide us with any information we request in connection with our providing The Service(s) to you under this Agreement;

c) Our conducting a physical audit of The Service(s) and any Equipment supplied in respect of The Service(s);

d) The carrier disclosing to us all records and in particular exchange line details, telephone accounts information, call charge records and call event records, data usage records, Internet service details.

e) Receiving marketing materials from us or our associated companies unless you request otherwise.

10.2 We retain all intellectual property rights in any information relating to the Services, the design or operation of our network and other technical information relating to the provision of the Services.

11 Complaints and Disputes

11.1 If you have any complaints in connection with your Service(s), you may complain in writing or by calling us. We will handle your complaint in accordance with our Customer Complaints Handling Policy (available from our website).

11.2 If we are unable to resolve your complaint to your satisfaction you may take your complaint through other avenues, such as the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the Department of Fair Trading or Department of Consumer Affairs in your state or territory.

12 Our Equipment

12.1 Equipment is any equipment provided by us or any third party to you for purchase or hire in relation to the provision of The Service(s).

12.2 Risk in any Equipment passes to you upon delivery. You accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.

12.3 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under the Entire Agreement and the cost of such Equipment have been paid in full. You hold the Equipment as bailee for us.

12.4 If Equipment is installed at premises occupied by you, you must not interfere with the Equipment or its installation.

12.5 You irrevocably grant to us, our agents and servants, leave and license without the necessity of giving any notice to enter at any time on and into premises occupied by you using reasonable force if necessary to inspect, search for and retake possession of any Equipment in respect to which payment is overdue. You shall indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from such possession.

12.6 On the termination of this Agreement, you must immediately return to us all Equipment owned by us or make it available for our collection.

13 Other Equipment

13.1 Where you have equipment which another supplier uses to provide you with services, we will disconnect that equipment when you transfer the services to us and we connect our Equipment (if any). You must immediately notify that supplier that you have transferred your services to us and arrange for them to remove their equipment from the premises.

14 Cooling Off Period

14.1 There is a ten (10) business day cooling off period starting from date of application which may be either in writing or a voice recording if you made the agreement by telephone.

14.2 If any Equipment is returned opened, charges may apply.

14.3 To exercise your right to cancel within the ten (10) day cooling off period you must notify us by one of the following:

a) Telephone: 1300 488 898

b) E-mail: support@cqconnect.com.au

15 Contracted Term or Minimum Spend

15.1 If your Service is under contract, and your Service is terminated for whatever reason (other than cooling off or our default), you agree to pay any applicable Contract Payout fee and/or Cancellation fees.

15.2 If your Service is subject to a minimum spend requirement, you agree to pay such minimum amount.

15.3 We reserve the right to change the terms and rates without notice should they offend the Fair Use Policy in clause 21.

16 GST

16.1 Unless expressly stated otherwise, the charges payable for The Service(s) under the Entire Agreement are exclusive of GST. You must pay to CQ Connect in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services.

17 Notices

17.1 Any notice to be given must be addressed as set out in these Terms and Conditions or as last notified by each party to the other.

17.2 Notices may be hand delivered, sent by prepaid mail or email.

17.3 Notices sent:

a) by prepaid mail will be taken to be received on the third Business Day after posting; and

b) by email will be taken to be received when the email enters the recipientthe communicati

18 Governing Law

18.1 This Agreement is governed by the laws in force in the State of Queensland. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

19 General

19.1 If any part of these Terms and Conditions is found to be invalid or of no force or effect the Terms and Conditions shall be construed as though such part had not been inserted and the remainder of these Terms & Conditions shall retain its full force and effect.

19.2 We may assign the benefit of the Entire Agreement at any time to a person or corporation nominated by us, including a carrier and in this event, such assigned or nominated carrier shall deal directly with you for the purpose associated with the provision of The Service(s) under the Entire Agreement.

19.3 Any and all legal costs incurred by us in enforcing our rights pursuant to the Entire Agreement including but not limited to the recovery of monies payable by you, are payable by you to us on a full indemnity basis.

20 Direct Debit Agreement

20.1 By signing a Direct Debit Request on your application form, or providing us with valid instructions, you have authorised us to arrange for funds to be debited from your account as and when they fall due.

20.2 We will advise you, in writing, the details of our invoice at least fourteen (14) calendar days prior to the first drawing.

20.3 Where the due date falls on a non-business day, we will draw the amount on the next business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

20.4 We will not change the frequency of drawing arrangements without your prior approval.

20.5 We reserve the right to cancel the drawing arrangements if three or more drawings are returned unpaid by your nominated financial institution and to arrange with you an alternative payment method.

20.6 We will keep all information pertaining to your nominated account at your financial institution, private and confidential.

20.7 You may change the drawing arrangements at any time by giving written notice to us. Such notice should be received by us at least ten (10) business days prior to the due date.

20.8 Where you consider that there has been an error in debiting your account (outside our arrangements) you should take the matter up directly with us.

20.9 If we conclude that your account has been incorrectly debited, we will arrange for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you of the amount by which your account has been adjusted.

20.10 If we conclude as a result of our investigations that your account has been correctly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

20.11 We reserve the right to charge a dishonour fee where funds are not available when drawing takes place.

20.12 You must:

a) Ensure sufficient funds are available in your account to meet a drawing on its due date;

b) Ensure the authorisation given to draw on the nominated account is identical to the account signing instruction held by the financial institution where the account is based;

c) Advise us if your nominated account is transferred or closed.

20.13 If there are insufficient funds in your account to meet a debit payment:

a) You may be charged a fee and/or interest by your financial institution;

b) You may also incur fees or charges imposed or incurred by us; and

c) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

21 Fair Use Policy (“FUP”)

21.1 Our FUP is to ensure that you do not use The Service(s) in an excessive or unreasonable manner. The CQ Connect Fair Use Policy is intended to ensure all active customers have access to The Service(s) that are continuously of high quality. It also includes any plan based on special conditions in favour of the customer.

21.2 If your usage of CQ Connect services is deemed excessive, we may contact you and request that you decrease your usage.

21.3 After contact from CQ Connect, should your usage continue to be excessive, CQ Connect may, without further notice to you:

a) Suspend or limit your Service, or service feature, for a length of time CQ Connect deems necessary;

b) Terminate your Agreement;

c) Revise the pricing of your service according to usage.

21.4 The details of what CQ Connect deem as excessive usage can be found on the Critical Information Summaries.

21.5 CQ Connect reserves the right to review or amend this policy from time to time. Please refer to the CQ Connect website for the most recently updated Terms and Conditions and Critical Information Summaries.

22 Compliance

22.1 You will ensure that you comply at all times with all laws and obligations, including license conditions, applicable to the Services and their use.

22.2 You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense we suffer as a result of you doing so.

23 Broadband Service Acceptable Use Policy 23.1 All services are subject to the Internet Acceptable Use Policy per clause 24.

23.2 By using The Service(s) you agree to the terms laid out in the policy below.

24 Internet Acceptable Use Policy

24.1 About this policy

This policy is set out below - please read it carefully. Your use of the service is subject to the following rules and guidelines contained in this policy.

24.2 General

This policy is designed to ensure that your use of the service does not break any laws, hinder the efficient operation of Our Network, interfere with the rights of our Customers, or interfere more generally with the rights of Internet users.

You are responsible for ensuring that use of the service and your Account (if any) complies with this policy. You are also responsible for any use of the service even if, for example, it was used, with or without your consent, by a friend, family member, guest or employee who gains access to the service or your Account.

If we amend this policy, we may notify you, and you hereby consent to us sending you notices in such a way, by using one or more of the following methods:- mail (to the last address you have given us), email (to your primary email address), or notice on our web site.

You should consult this policy regularly to ensure that your activities conform to the most recent version. If there is an inconsistency between any other part of your agreement and this policy, this policy will apply.

If you become aware of any violations of this policy by other users you should contact us.

24.3 Illegal Activity

You must not use the service for any activity that breaches any law or violates any local, state, federal or international law, order or regulation.

Prohibited activities include (but are not limited to): posting, disseminating, or in some cases accessing, content which is unlawful, including: content that is or would be classified by the Classification Board as RC rated or X rated and that is or would be classified by the Classification Board as R rated where a Restricted Access System is not in place, content which violates the copyright or other intellectual property rights of others.

You assume all risks regarding the determination of whether material is in the public domain, or content that defames, harasses or abuses anyone or violates their privacy, pyramid or other illegal soliciting schemes, or any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

24.4 Security

You are responsible for any misuse of the service.

You must take reasonable steps to ensure that others do not gain unauthorised access to the service and your Account.

The service must not be used to obtain or attempt to obtain unauthorised access to any computer, system or network. If you do not have authorisation, prohibited activities include (but are not limited to): accessing, monitoring or using any data, systems or networks, probing, scanning or testing the vulnerability of a system or network, breaching any security or authentication measures for a system or network, accessing the Account or private information of any other person or entity, accessing any server in violation of any acceptable use policy of that server.

You must not: use (or attempt to use) or distribute tools designed for compromising security including, but not limited to, password guessing programs, cracking tools, packet sniffers or network probing tools, knowingly transmit or disseminate any information or software, which contains a virus or other harmful feature, use (or attempt to use) the service in a manner that may interfere with the technical operation of the service or any other computer, system, network or telecommunications services, including (but not limited to) denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to ‘crash’ a host, or interfere (or attempt to interfere) with the regular workings of our systems or network connections.

You are solely responsible for the security of any device you choose to connect to the service, including any data stored on that device.

We recommend against enabling file or printer sharing of any sort. We recommend that any files or services you do choose to make available for remote access be protected with a password or other appropriate measures to prevent unauthorised access.

You must notify us immediately of any unauthorised or attempted unauthorised use of your service and any other breach or attempted breach of security.

24.5 Risks of the Internet

Some activities that you can perform when accessing the Internet may be harmful or cause loss to you, other people that may access your service, or your equipment. Typical activities include (but are not limited to): downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to your computer, purchasing goods or services using the Internet, transmitting confidential information over the Internet (such as your credit card number or other personal information), or accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children (for example, it is possible to obtain access to content that is pornographic, offensive and/or unsuitable for children).

You bear all risk associated with the activities referred to in paragraph (a) above, and we do not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such activities.

You may minimise the risk of accessing illegal or offensive content as well as managing use of the Internet by using a Filtering Solution. You have the right to make complaints to the Australian Communications and Media Authority about Internet content which is or would classified by the Classification Board as X rated, RC rated, or R rated and does not have a Restricted Access System in place.

24.6 Content Publishing

You are solely responsible for any content that you publish via websites, email, newsgroups, Online Forums or other publishing mediums accessed via the service.

You must not publish material that is or would be classified by the Classification Board as RC rated or X rated via websites, email, newsgroups or other publishing mediums accessible via the service.

You must take appropriate precautions to prevent minors from accessing or receiving any content you have published that may be inappropriate for them. This includes implementing a Restricted Access System on content that is or would be classified by the Classification Board as R rated.

We also encourage you to use appropriate warnings and/or labelling systems in respect of content which is likely to be considered unsuitable for children. We reserve the right to block access to, to remove, or to refuse to post any content, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is unlawful. This includes (but is not limited to) obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates privacy rights or intellectual property rights of others, or is likely to be defamatory of another person. Commonwealth legislation allows the Australian Communications and Media Authority to direct us to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain Internet content.

We may take any steps necessary in order to ensure compliance with any relevant industry code of practice, or notification or direction from the Australian Communications and Media Authority, including removing any content (including part or all of a website) from our servers, blocking access to newsgroups, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website.

We may take these steps at any time and without notice to you. Commonwealth legislation allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessing copyright materials.

We may take any steps necessary in order to ensure compliance with a notification from a copyright owner or their agent, including removing any content (including part or all of a website) from our servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website.

We may take these steps at any time and without notice to you.

We are under no obligation to monitor transmissions or published content on the service.

However, we (or our agents) have the right to monitor such transmissions or published content from time to time and to disclose that content. By using the service to reproduce, publish, display, transmit or distribute content, you warrant that the content complies with this policy and authorises us (or our agents) to reproduce, publish, display, transmit and distribute such content as necessary for us to deliver the content in a timely manner.

24.7 Electronic Messaging

You must not use the service to send bulk and/or unsolicited messages. This includes, but is not limited to commercial advertising, informational announcements, charity requests, and petitions for signatures, chain letters and political or religious messages.

You must only send such a message to those individuals who have explicitly requested it. The service must not be used to: send messages to any individual or entity who has indicated that he/she/it does not wish to receive messages from you, collect or redirect responses from unsolicited messages sent from Accounts on other Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or web site. Moreover, unsolicited messages sent from Accounts on other Internet hosts or messaging services may not direct the recipient to any web site or other resource that uses Our Network. You must not: obscure, alter or delete the source of messages that you send or forge message headers, send numerous copies of the same or substantially similar messages, or send very large messages or files, to a recipient with the intent to disrupt a server or Account (for example, ‘mail bombing’), send chain letters, whether or not the recipient wishes to receive such mailings.

We are not responsible for forwarding or storing messages sent to any Account that has been suspended or cancelled. Such messages may be returned to sender, ignored, deleted, or stored temporarily at our sole discretion.

24.8 Online Forums This clause applies to Online Forums, in addition to clause 24.7 Messages posted to an Online Forum must comply with the written charters for that forum.

You are responsible for determining the policies of a given forum before posting a message to it. Data files may only be posted to Online Forums that specifically permit this. Posting or cross-posting the same or substantially similar messages to more than eight Online Forums is prohibited.

You must not disrupt or attempt to disrupt Online Forums by posting a large number of messages that contain no substantive content. Disruption occurs when normal discussion in the group is significantly hindered.

You must not use the service to connect to an Online Forum from which you have been previously banned.

24.9 Automated Applications

The service is provided for interactive use. However, if automated programs or programs that maintain a persistent connection to a remote service are used, they must only be used when you are physically present at the computer. These activities include (but are not limited to) automated file downloading, IRC ‘bots’, continuous streaming media and peer-topper file sharing applications.

24.10 Violation of Internet Acceptable Use Policy

If you, or someone with access to the service, use the service in a way that we, in our sole discretion, believe violates this policy or any other term of your agreement, we may take any responsive action we deem appropriate. Such actions may include (but are not limited to) temporary or permanent removal of content and content publishing capabilities, filtering of Internet transmissions and the immediate suspension or cancellation of all or any portion of the service.

We have no liability for any such responsive actions and may take any other legal or technical action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them.

If your use of the service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.

We are not obligated to regularly monitor your usage of the service (including any content posted, disseminated or accessed by you); however we reserve the right to monitor your use of the service to identify violations of this policy, and to protect Our Network, the other users of this service, and other Internet users.

We reserve the right to investigate suspected violations of this policy, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the Account(s) involved, interrupt transmissions and/or remove material that potentially violates this policy.

In order to enforce this policy, you authorise us (or our agents) to cooperate with: law enforcement authorities in the investigation of suspected criminal violations, and system administrators at other Internet service providers or other network or computing facilities. Such cooperation may include us providing, for example, the username, IP address or other identifying information about a user. Upon cancellation of an Account, we are authorised to delete any files, programs, data and email messages associated with the Account. Any failure by us to enforce this policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This policy is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and territories.

24.11 What Do Words In This Internet Acceptable Use Policy Mean?

Account means the email account (if any) where you are billed (or you have prepaid) for one or more services and through which you can monitor and request changes to the service.

Classification Board is the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cth).

Customers means customers who are connected to one of the services.

Electronic messaging includes all forms of electronic communications to other individuals including email, instant messaging, web to SMS, Internet chat and Online Forums.

Filtering solutions means Internet filtering software or system approved for use under the Internet Industry Association Content Codes of Practice registered under the Broadcasting Service Act 1992 (Cth). The Internet Industry Association provides a list of approved filtering solutions on its website – www.iia.net.au

Online forum mean a forum accessible on the Internet that is generally devoted to the discussion of a specific topic area and includes (but is not limited to) newsgroups, message boards, chat

rooms or mailing lists.

Our network means the network(s) used to supply the Service to you as set out in the relevant service description.

R rated includes (but is not limited to) material containing excessive and/ or sexual violence, implied or simulated sexual activity, or materials which deal with issues or contains depictions

that requires an adult perspective.

RC rated includes (but is not limited to) material containing detailed instruction in crime, violence or drug use, child pornography, bestiality, excessive violence or sexual violence, real depictions of actual sexual activity or obscene material.

Restricted Access System means a restricted access system as referred to on the Australian Communications and Media Authority website at www.acma.gov.au.

Service means each of the NBN, or Wireless Internet Service as applicable to the individual user.

X rated includes (but is not limited to) material containing real depictions of actual sexual acts.

Last update: 24 October 2017

Privacy Policy

Overview

CQ Connect is committed to providing its customers with the highest levels of customer service and support. This includes protecting your privacy throughout all interactions between you and us, in accordance with the Privacy Act 1988 and the National Privacy Principles. This policy outlines the information that we may collect from you for the purposes of providing a service, what we may do with that information and how we protect it.

If you have any concerns about the manner in which your personal information has been collected, used or disclosed by us, please contact our Support team on 1300 488 898, Mon-Fri, 8:00am-5:00pm (AEST).

What is Personal information?

The Privacy Act 1988 defines personal information as information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.

Personal information collected by us may include your name, date of birth, current and previous addresses, telephone or mobile numbers, email address, bank account or credit card details, occupation, driver’s licence and your CQ Connect account number and password. We also hold information relating to the provision of your service, including service details, billing and payment history and associated information.

If you choose not to provide us with certain personal information, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.

How do we collect your personal information?

We collect personal information in a number of ways, including, but not limited to:

· When you complete a CQ Connect Account Application Form, online enquiry form or similar;

· From other companies within CQ Connect Group;

· From third party organisations including credit reporting agencies, law enforcement agencies and other government entities;

· From publicly available sources of information i.e. Market Research agencies;

· When you visit our website, social media pages or other pages that we own and manage;

· When you visit external pages through our internal Account Management Portal; and

· During recordings of calls that you may make to CQ Connect. These calls may be recorded for quality, coaching and business purposes.

As much as possible, however, we will collect your information directly from you. If we collect details about you from someone else, we will take all reasonable steps to make you aware that we have done this and why.

How is your personal information used?

Your personal information may be used for multiple purposes, including, but not limited to:

· Verification of your identity;

· Provision of your service and associated contracts or agreements;

· Carrying out Credit Checks and Credit Reporting activities as agreed to by you;

· Generation and management of your monthly invoice and carrying out periodic debt recovery functions as required;

· Dealing with enquiries or complaints and fulfilling other customer care duties;

· Carrying out business analysis and development activities;

· Contacting you about our products and services;

· Conducting internal investigations in relation to criminal or fraudulent activity, detection or prosecution of such activities; and

· For any other purposes that would reasonably be expected.

Who do we disclose your personal information to?

During the course of normal business operations, we may disclose your personal information to internal or 3rd party organisations including:

· Various Credit Management and Credit Reporting agencies in order to assess or evaluate your credit history in accordance with the Privacy Act 1988 and relevant credit reporting legislation;

· Our service and content providers, dealers and agents, contractors and advisers;

· Our mobile phone manufacturers and repairers;

· Other companies within the CQ Connect Group;

· Your authorised representatives or legal advisors;

· Our professional advisors, including lawyers, accountants, tax advisors and auditors;

· Debt recovery agencies, in accordance with our Credit Management procedures;

· Regulatory or government bodies for the purposes of investigation and resolving a customer complaint;

· Law enforcement bodies to assist in their functions, Courts of Law or as otherwise required and enforced by law;

· Other Telecommunications service providers for the purposes of Unwelcome Calls tracking and resolving Number Portability issues;

· Any other person or organisation that would be reasonably expected.

We may also disclose relevant personal information without your consent in the following

circumstances:

· When it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be disclosed or used for such a purpose;

· If we reasonably believe that the disclosure or use is necessary to lessen or prevent a serious or imminent threat to a person’s life, health or safety or to lessen or prevent a serious or imminent threat to public safety;

· If we have reason to believe that unlawful activity has been or is being engaged in; or

· If it required or authorised by law.

We are also required to disclose certain personal information to the manager of the Integrated Public Number Database (IPND). This information is specifically used to assist and direct emergency services in a life threating or otherwise unsafe situation and to assist in safeguarding national security. If you consent, information from the IPND may also be published publicly in telephone directories or used by directory assistance.

Is the information we keep accurate?

CQ Connect endeavours to keep accurate and up-to-date records, however, sometimes details or circumstances change and we are not notified. In order to ensure that we have the most accurate records for you, we recommend that you notify us of any change in details as a result of moving, change of personal circumstances or other cause. This allows us to ensure accurate billing and continuity of service to all of our customers.

Can I access the information that you keep on me?

Yes, under the Privacy Act 1988, you may request access to the personal information that we may have on record for you. If you wish to view this information, please complete a Request for Personal Information Form, available on our Legal & Policies page at www.cqconnect.com.au. CQ Connect reserves the right to levy a fee for the provision of this information, dependent on the circumstances.

If you wish to enquire about accessing the personal information that we may hold on you, you can also contact our Support Team on 1300 488 898, Mon-Fri, 8:00am-5:00pm (AEST).

Is my personal information kept secure?

Under the Privacy Act 1988 and the National Privacy Principles, CQ Connect is required to protect and secure your personal information to prevent theft, loss or modification. As such, it is critically important that you protect your login credentials carefully and ensure that no other person is able to access the portal or the included information.

How do I get more information?

If you have any questions related to Privacy or this policy, please do not hesitate to contact

us through any of the following methods:

Phone: 1300 488 898

Email: support@cqconnect.com.au

Mail: GPO Box 749, Brisbane Qld 4001

Information is current as of 24/10/2017 and is subject to change without notice.

Internet Speeds

The speeds described in the plan tiers may be higher than the practical speeds of some servers and customer equipment. NBN™ does not guarantee speeds above 25/5Mbps on a FTTN/FTTB connection. The download and upload speeds stated are the maximum that each type of link can deliver and will rarely, if ever, be achieved by any user for all sorts of reasons. CQ Connect makes no guarantees of any kind on the actual speeds that will be achieved by any individual users as we rely on NBN™ to ensure services are provisioned to deliver optimum speeds at all times. Speeds that customers experience on these services in practice have tended to be affected by the following internal and external factors:

If you wish to change your speed after installation, a fee of $16.50 will be payable on your next invoice.