Terms of Service
This Agreement governs the supply of services provided by Bosley Holdings Pty Ltd Trading as Swoop Broadband, ABN 71 613 948 575, with its offices located at 1A, 155 Queen St, Warragul VIC 3820 (herein referred to as "us", "we" or "our"), and in part by our Third-party Suppliers.
By applying for or using a Service we provide, you indicate your acceptance of all terms and conditions outlined under this Agreement.
Agreement refers to this agreement for the provision of services by us to you.
Charges refer to funds payable by you to us, pursuant to this agreement and including but not limited to installation, access, usage, interest, and consulting fees.
Service refers to the supply of an Internet access, phone or domain hosting service as described by this agreement.
Application Date identifies the date your application is received by us.
GST stands for Goods and Services Tax and refers to the same, described in the "A New Tax System (Goods and Services Tax)" Act of 1999, and any related legislation.
Third-party Supplier refers to a third party whose services are employed by us for the provision of services to you.
Terms of This Agreement
This Agreement commences on the Application Date, and will continue until Services are terminated by either you or us. If you terminate this Agreement, you will be liable for all Charges and all other amounts that you are required to pay under this Agreement. We reserve the right to change these terms at any time. Any changes will be made available on our website at https://www.swoopbroadband.com.au, and are effective within 7 days.
Notices under this Agreement may be sent by ordinary post, facsimile, electronic mail ("email") or short messaging service ("SMS").
Notices will be deemed received:
- For ordinary post: three business days after dispatch.
- For facsimile, email and SMS: upon acknowledgement of receipt of transmission by our facsimile equipment, our server(s) or third-party server(s) respectively.
In accordance with the Terms and Conditions of this Agreement, we will use our best endeavours to provide a Service to you, and to provide the information necessary to access that Service. We will use our best efforts to ensure a continuous Service, but this is not guaranteed.
You acknowledge that:
- Continuity of the Service is dependent on a wide range of factors, many of which are beyond our control.
- Your access to the Service may be interrupted by a variety of factors, including but not limited to: Third-party Supplier network congestion, equipment failure, scheduled maintenance and peak demand.
- We may limit certain classes of traffic on our network to enhance peak performance and/or protect against network attacks where that traffic may be detrimental to the overall performance of the network.
- We shall not be held liable for any losses whatsoever that you may incur due to interruption to the Service. You indemnify us from any liability, claim, action, suit, demand, loss, or any expense whatsoever arising from your use of the Service or in any way connected. This includes any negligence by us or our Third-party Suppliers.
- We cannot provide support, or accept responsibility, for content accessed via the Service.
- We have no control over the accuracy or appropriateness of any content available via the Service.
- If you are applying for a VoIP or Fixed Line Phone service, we will propose that you sign a form agreeing to waive your rights under the CSG standard. You are not obligated to waive your protection and rights under the CSG; however, we may choose not to supply a VoIP or Fixed Line Phone service to you if you do not agree to wholly waive your rights.
- You must agree to provide safe and timely access to the supply premises if required by us or our Third Party Suppliers to perform connection, disconnection, maintenance, upgrade or remediation works or other necessary works in relation to our network or our Third Party Supplier’s network.
- Some types of installations may require equipment to be connected by you. Connection of the router to the phone socket, or NBN connection box, or Fibre Connect equipment or other activated port is not part of the standard install and not covered by the activation fee. If you are unable to connect the router with the assistance of our free technical support phone service then you will need to arrange and authorise another person to assist you, or you can arrange and authorise a third party technician at your own cost. If we agree to dispatch a technician to perform the connection at your request then a Fee For Service may apply, and we will require your agreement to pay the Fee For Service before a technician attends the property, and we reserve the right to require upfront payment of the Fee For Service before the technician attends in some circumstances.
Please refer to our Billing Policy.
If you are experiencing Financial Hardship, please contact us as soon as possible. We have a range of options available to help you keep your services active while you get back on your feet. For more information, please see our Financial Hardship Policy.
In some cases we may agree to, or require, special terms for payments.
- Business customers can request special terms (e.g. 30 days for payment) – we reserve the right to reject such requests.
- Customers that have a poor credit history with us may be subjected to special terms at our discretion; for example, we may request 6 months of payment in advance before providing the Service. If we are unable to provide the Service or if you cancel the Service, any unused funds paid in advance are refundable.
Domain Hosting Website Content
It is your responsibility to develop, maintain, update and monitor the content that is displayed in domain hosting. If you are unable to perform this work, it is your responsibility to employ someone to do this; we are unable to provide this work for you.
Domain hosting plan limits are enforced. If your usage exceeds the limit of your subscribed plan, your hosting service will be suspended until you have brought your usage to within the allowance of your plan, or upgraded to a suitable plan.
Acceptable Use Policy
Please refer to our Acceptable Use Policy.
The Service includes free technical support covering the installation and ongoing maintenance of the Service. This support is provided in person and via email, telephone and our website.
You acknowledge that free technical support is provided as a troubleshooting service, and you may be requested to provide reasonable assistance to help our technical support team to diagnose and resolve an issue. If you are unable or unwilling to provide that assistance then you can arrange for and authorise another person to do that on you behalf, or you can arrange and authorise a third party technician at you own cost. If you fail to complete troubleshooting and we agree to dispatch a technician then a Fee For Service may apply. We will require your agreement to pay the Fee For Service before a technician attends the property, and we reserve the right to require upfront payment of the Fee For Service before the technician attends in some circumstances.
Telephone support is available from 8AM to 9PM from Monday to Friday, 9AM to 6PM on Saturdays, and 12PM to 6PM on Sundays. You may contact us by phone on 1300 665 575 or (+61) 03 5624 1100 internationally.
Email support is available 24 hours a day, 7 days a week by sending an email to firstname.lastname@example.org. We will endeavour to respond as quickly as possible, but make no guarantees as to response time.
If you are not satisfied with the resolution of a complaint handled by us, you can refer the complaint to the Telecommunications Industry Ombudsman (“TIO”). Complaints can be lodged with the TIO online at http://www.tio.com.au/ or by phone on 1800 062 058.
Ownership of Equipment
For Wireless services, the antenna, pole, power injector, standard router, and all AC adapters and cabling remains our property. All equipment except the antenna will need to be returned to the office should you wish to cancel the Service; the antenna will be removed by our technicians at our cost. If you have opted for a wireless router upgrade, the router becomes your property and the other equipment remains our property.
For all other services, you own any equipment that you purchase from us or bring to the Agreement.
Broadband services require a compatible and compliant router configured with your service details. Swoop Broadband can provide an Enhanced Wi-Fi Router for an additional cost of $140. If you BYO (Bring Your Own) router, this is at your own risk as we cannot assess the compatibility of third party hardware. We cannot compensate you for downtime caused by your equipment.
VoIP services require a Swoop-supplied VoIP-enabled router. If you do not already have a suitable router supplied by Swoop Broadband, you can purchase one for an additional cost of $140. VoIP services also require a compatible analogue handset or handsets. Swoop Broadband does not supply handsets for VoIP services, and cannot guarantee compatibility with all handsets.
Equipment Terms and Conditions
The router supplied by Swoop Broadband is a NetComm NF18ACV Enhanced Router with VoIP.
NetComm routers purchased after 1 October 2019 are supplied with a 2 year warranty. NetComm routers purchased prior to 1 October 2019 are covered by a 12 month warranty, which was upgradable to a 2 year warranty if registered with NetComm within 30 days of purchase. The Warranty is comprised of a 30 day exchange warranty, and the remainder of the term is a repair warranty. Further information is available on the manufacturer's website at https://www.netcomm.com/
The following terms apply if you have entered, or are entering, into a contract with us for the provision of a broadband or telephone service.
If the service is cancelled by you prior to the contract end date, you will pay us an early termination fee based on the remaining duration of the contract, unless:
- The service has not yet been provided (see below); or,
- We are in breach of contract or these terms of service
We may cancel the contract without charging an early termination fee if:
- We get your consent to to so; or,
- We offer you a credit or rebate; or,
- We are no longer able to provide a service for technical or legal reasons; or,
- If we become bankrupt or insolvent, or it appears that we will
No cooling-off period applies to the contract. The contract can be cancelled before the service is provided, but we may charge you any reasonable costs we have incurred whilst preparing to provide the service.
The monthly access fee of any contracted service cannot be changed by us, unless:
- The change has a beneficial or neutral effect on you (for example, a price reduction, or a change to your plan giving you additional data for the same price); or,
- The change is required for security or technical reasons; or,
- The change is required by law
IP Address Space
You acknowledge that any IPv4 or IPv6 addresses assigned to you for the use of the Service:
- Will remain the property of us or our Third-party Suppliers
- Are non-transferable, non-portable and cannot be multi-homed
- May change from time to time
If we have agreed to provide you with a Static IPv4 address, we will use our best endeavours to avoid changing it. Should a change be unavoidable, for example due to changes to our network architecture, we will provide you with at least 7 days notice. A monthly fee of $5.50 will apply for a Static IPv4 address.
Priority Assistance is a service to provide the highest level response in the event of service failure. Priority Assistance is a service for customers who have, or who are living with someone who has, a diagnosed life-threatening medical condition and whose life may be at risk without access to a fully operational phone service.
We cannot offer Priority Assistance at this time. Should you require this service, you should apply for services through a telecommunications provider who can offer Priority Assistance. Telstra are a telecommunications provider who offer a Priority Assistance service.
Some of our services are delivered over and aggregated access network such as the NBN. This means that we can only provide you a theoretical maximum performance figure due to factors outside of our control. We strive to deliver high performing services on all access methods at all times of the day but cannot guarantee individual results across all services. Data transfer speed is dependent on a number of variables beyond our control, including: your local network configuration, infrastructure limitations, environmental conditions, and the potential for congestion on third party networks.
NBN Fixed Line Service Speeds will be confirmed after activation. If your line cannot provide the speed tier of your plan and this cannot be fixed, you can move to a lower speed plan or exit your plan at no cost.
NBN Fixed Wireless Services in some areas is affected by congestion and this may contribute to affected services not achieving the full speed of the subscribed tier. NBN Wireless Services are expected to achieve at least 6 Mbps at peak times (7pm-11pm). NBN Fixed Wireless connections can also be impacted by the distance or line of sight to the tower and other local conditions, and may not be able to achieve the theoretical maximum plan speeds at any time of the day. Our NBN services are provided with no lock-in contract and you can discontinue or modify your plan for any reason.
Swoop Broadband Services that are provided to you on a no-contract basis may be discontinued with verbal or written notification.
Unless you contact us to cancel the Service, we will continue to provide the Service on a monthly basis and you agree to continue paying the charges.
Account Terminations can only be submitted by the Account Holder, or an Authorised Contact. Third parties wishing to act on behalf of the Account Holder may be asked to provide documentation of Power of Attorney, or other legal documentation of authorisation to act on your behalf.
At the time of Termination, you must pay any outstanding balance(s) on the account.
Terminations may not be backdated. You should contact us as soon as possible to organise the termination of the Service.
Minimum total cost after service activation is equal to the first recurring payment of the chosen plan, plus any applicable non-recurring setup or activation fee.