This page sets out the standard terms and conditions on which Spectrum Networks Pty Ltd supplies telecommunications services to its business customers. It should be read together with the applicable Application for Service and any Service Level Agreement.
These terms apply to all services supplied by Spectrum Networks Pty Ltd. They govern service supply, billing, credit management, privacy, customer obligations, liability, complaints handling, financial hardship, records, and related operational and legal matters.
Spectrum Networks supplies telecommunications services to business customers only. The services are not offered on standard residential terms and are not intended for personal, domestic, or household use.
The purpose of this page is to provide the published service terms and conditions applicable to customers acquiring telecommunications services from Spectrum Networks Pty Ltd.
These terms apply to telecommunications services identified in the relevant Application for Service, including internet access, IP transit, Ethernet transport, hosted or SIP-based voice services, managed router services, and colocation services. Spectrum Networks does not supply ADSL, PSTN, or ISDN services.
These terms must be read subject to applicable mandatory requirements, including the Australian Consumer Law, the Privacy Act 1988 (Cth), the Privacy (Credit Reporting) Code 2014, the Telecommunications Act 1997 (Cth), the Telecommunications (Interception and Access) Act 1979 (Cth), the Spam Act 2003 (Cth), Communications Alliance C628:2019 Telecommunications Consumer Protections Code, the Telecommunications (Consumer Complaints Handling) Industry Standard 2018, the Telecommunications (Financial Hardship) Industry Standard 2024, the Telecommunications (Customer Communications for Outages) Industry Standard 2024, the Telecommunications (Domestic, Family and Sexual Violence Consumer Protections) Industry Standard 2025 to the extent then in force and applicable, the Telecommunications Numbering Plan 2015, and any other applicable industry code or standard registered under Part 6 of the Telecommunications Act 1997 (Cth), each as amended or replaced from time to time. If there is any inconsistency between these terms and a mandatory requirement applicable to a particular customer, the mandatory requirement prevails.
In this Agreement, unless the context otherwise requires:
ACMA
Means the Australian Communications and Media Authority, or any successor regulator.
Access Site
Means the site address nominated in the Application for Service.
Agreement
Means this agreement for the provision of the services between Spectrum Networks and the customer, comprising in order of precedence: (a) the Application for Service, (b) any Service Level Agreement expressly incorporated, (c) these Terms and Conditions, and (d) any other document incorporated by reference or agreed in writing and signed by the parties.
Application for Service
Means the application document requesting the services and setting out the information required by Spectrum Networks to provision the relevant service.
Australian Consumer Law
Means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Bill
Means an invoice from Spectrum Networks to the customer for a billing period, showing charges and any credits for the services and the amount payable.
Business Day
Means a day other than a Saturday, Sunday, or gazetted public holiday in New South Wales.
Carrier
Means a carrier as defined in the Telecommunications Act 1997 (Cth).
CLI
Means calling line identification.
Complaint
Has the meaning given in the Complaints Standard.
Complaints Standard
Means the Telecommunications (Consumer Complaints Handling) Industry Standard 2018, as amended or replaced from time to time.
Confidential Information
Means non-public information disclosed by one party, the Disclosing Party, to the other, the Receiving Party, that is either marked confidential, described as confidential at the time of disclosure, or would reasonably be considered confidential given its nature or the circumstances of disclosure. It includes the pricing and commercial terms of this Agreement. It does not include information that: (a) is or becomes publicly available other than through breach of this Agreement, (b) is independently developed by the Receiving Party without reference to the Disclosing Party’s information, or (c) is lawfully obtained from a third party without confidentiality restriction.
Consumer
Has the meaning given in the TCP Code. In summary, this includes an individual acquiring a telecommunications product for personal or domestic use, or a business or non-profit that has no genuine opportunity to negotiate the customer contract and has an actual or reasonably estimated annual spend with Spectrum Networks of $40,000 or less. Spectrum Networks does not supply services on residential terms, though some business customers may nevertheless meet this definition.
Credit Reporting Body
Has the meaning given in Part IIIA of the Privacy Act 1988 (Cth).
Credit Reporting Code
Means the Privacy (Credit Reporting) Code 2014, as amended or replaced from time to time.
Current Supplier
Means a carrier, telecommunications service provider, or equipment supplier who supplies services or equipment to the customer immediately prior to a transfer to Spectrum Networks.
Customer
Means the person or entity whose name appears on the Application for Service.
Customer Premises
Means the Access Site and any other premises occupied or controlled by the customer to which Spectrum Networks may require access to install, maintain, or remove equipment or provide the services.
Equipment
Means any equipment or material provided to the customer or installed at the Access Site by Spectrum Networks in connection with this Agreement.
Financial Hardship
Has the meaning given in the Financial Hardship Standard.
Financial Hardship Standard
Means the Telecommunications (Financial Hardship) Industry Standard 2024, as amended or replaced from time to time.
Force Majeure Event
Has the meaning given in clause 16.1.
GST and GST Law
Have the meanings given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended or replaced from time to time.
Installation Charge
Means a once-off charge for labour, equipment, number connection, and associated cabling for initial installation of the services.
Minimum Term
Means the minimum contract term specified in the Application for Service, commencing on the date of first supply of the service.
OnNet
Means the Spectrum Networks network and Spectrum Networks-owned facilities in Australia.
OffNet
Means any extended access tails, network, or facility supplied by a third-party carrier or carriage service provider, including international terrestrial or satellite links, and used to extend the reach of the Spectrum Networks network to complete supply of the services.
Other Supplier
Means a carrier, telecommunications carriage service provider, or equipment supplier other than Spectrum Networks, and includes Current Suppliers.
Personal Information
Has the meaning given in the Privacy Act 1988 (Cth).
Privacy Act
Means the Privacy Act 1988 (Cth), including the Australian Privacy Principles set out in Schedule 1.
Recurring Charge
Means a monthly recurring charge for the services.
Service Delivery Point
Means the port, fibre termination panel, or electrical interface at the Access Site determined by Spectrum Networks as necessary for interconnection to the Spectrum Networks network.
Service Levels
Means the service levels for the OnNet component of the services specified in the Service Level Agreement.
Service Level Agreement
Means the standard service level agreement published by Spectrum Networks from time to time, or a customised service level agreement agreed in writing and signed by the parties.
Services
Means the telecommunications services identified in the Application for Service. The services may include, without limitation, internet access, IP transit, Ethernet transport, hosted or SIP-based voice services, managed router services, and colocation services. Spectrum Networks does not supply ADSL, PSTN, or ISDN services.
Spectrum Networks
Means Spectrum Networks Pty Ltd, ABN 66 090 112 913, ACN 090 112 913.
Taxes
Means any fees, charges, taxes, or other levies, in addition to GST, imposed by any Federal, State, or municipal authority, other than tax on the income or capital gains of Spectrum Networks.
TCP Code
Means Communications Alliance industry code C628:2019 Telecommunications Consumer Protections Code, as amended, varied, or replaced from time to time.
TIO
Means the Telecommunications Industry Ombudsman.
Transfer
Means the transfer of all or part of a customer’s telecommunications service from one carrier or carriage service provider to another. Transferred Services means telecommunication services transferred to Spectrum Networks from the customer’s Current Supplier.
Usage Based Charge
Means a monthly usage charge for utilisation of minutes, sessions, or capacity, including any minimum usage charge specified in the Application for Service.
Provision of services: Spectrum Networks agrees to supply, and the customer agrees to acquire, the services in accordance with this Agreement. Spectrum Networks may provide the services using a combination of OnNet and OffNet facilities. Where any material component is delivered OffNet, Spectrum Networks will, on request, disclose the identity of the principal Other Supplier or suppliers used.
Customer request date: The customer may nominate in the Application for Service the date by which it would like to receive the service. Spectrum Networks will use reasonable endeavours to meet that date but does not represent or warrant that it will do so. Upon acceptance of the Application for Service, Spectrum Networks provisioning will, where reasonably possible, confirm in writing to the customer contact identified in the Application for Service either:
an unqualified service commencement date, which will apply to Service Level rebate calculation; or
a qualified and proposed service commencement date, which will not trigger an entitlement to Service Level rebates.
Variations: Where the customer requests a variation to the service, for example a relocation or bandwidth upgrade, the request must be in writing. Spectrum Networks is under no obligation to vary the service unless and until it accepts the request in writing.
Internet services: Unless expressly provided for in the Application for Service, internet services do not include:
domain name server provisioning or registration functions; or
Internet Protocol address allocation beyond a standard block.
Spectrum Networks may, in its discretion and without obligation, provide these features on terms to be agreed.
Service levels: Spectrum Networks does not guarantee that the services will be continuous or fault free but will use reasonable endeavours to meet the service levels for the OnNet component of the services. If Spectrum Networks fails to achieve the relevant service levels for any OnNet component in any calendar month, the customer is entitled to a rebate against the Recurring Charge for that month, calculated by reference to the percentage rebates specified in the Service Level Agreement. Service Level rebates apply to OnNet components only.
Suspension of services: Subject to clauses 2.6A, 2.6B, and 2.6C, Spectrum Networks may suspend the provision of the services, without liability:
if the customer is in material default of any payment or obligation under this Agreement and has not remedied the default within any applicable notice period under clause 2.6A;
if Spectrum Networks is required to comply with a request from a government agency, emergency service organisation, court, or law; or
as an alternative to the exercise of Spectrum Networks’ right of termination under this Agreement.
Where the services support emergency-call functionality that Spectrum Networks is required by law to keep available during a restriction or suspension, Spectrum Networks will maintain that functionality even while the services are otherwise restricted or suspended under this clause.
Notice of suspension for credit or debt reasons: Before restricting, suspending, or disconnecting the services for credit or debt reasons under clause 2.6(a), Spectrum Networks will give the customer at least 5 Business Days’ written notice, unless:
Spectrum Networks reasonably assesses that the customer or account status presents an unacceptably high credit risk;
Spectrum Networks reasonably suspects fraud or attempted fraud; or
the customer has nominated a restriction point and has reached it.
Where written notice is given, it will include:
the earliest date on which the action could occur, and the date of issue of the notice;
the ongoing or additional charges that will apply during any period of suspension;
the impact of the action on any other services the customer has with Spectrum Networks;
a reference to Spectrum Networks’ Financial Hardship policy and contact details, and how to obtain assistance if needed; and
where the notice is a disconnection notice, that after disconnection the plan or service, and any associated phone number, may no longer be available; that non-payment may be disclosed to a Credit Reporting Body, collection agency, or debt buyer and may be added to the customer’s credit file; that the debt may be passed to a collection agency or debt buyer; and that legal action may be taken.
Disconnection notices will be given as separate written notices, not merely as part of a bill. Where a guarantor has provided a guarantee in respect of the customer’s account, Spectrum Networks will also give the guarantor a copy of the disconnection notice.
Disputed amounts: Spectrum Networks will not restrict, suspend, or disconnect the services, and will not take other credit-management action, in respect of an amount that is the subject of an unresolved complaint being investigated by Spectrum Networks, the TIO, or another recognised dispute-resolution body. This does not prevent Spectrum Networks acting in relation to undisputed amounts on the same account, and Spectrum Networks will, where practicable, tell the customer that credit management may be undertaken on undisputed amounts.
Financial hardship: Spectrum Networks will not commence or continue credit management, suspension, or disconnection while a Financial Hardship assessment or a Financial Hardship arrangement is active in respect of the customer, except as expressly permitted by the Financial Hardship Standard.
Charges during suspension: While the service is suspended under clauses 2.6(a) or 2.6(c), Spectrum Networks will continue to incur costs of supply. Accordingly, except in the case of Usage Based Charges, all applicable charges will continue to accrue during the suspension and will be payable by the customer.
Exemptions from rebate: The customer is not entitled to a Service Level rebate for suspension of the services or failure to achieve the service levels where the cause is:
an act or omission of the customer or of a third party, other than an Other Supplier used by Spectrum Networks to provide the services, or a Force Majeure Event, or a suspension under clause 2.6;
scheduled or planned maintenance notified to the customer in advance; or
Commencement of Agreement: The term of this Agreement commences on the date the customer’s Application for Service is accepted by Spectrum Networks.
Commencement of services: The customer acknowledges that, before commencing supply of the services, Spectrum Networks may need to modify or install necessary equipment to its reasonable satisfaction and make arrangements with Other Suppliers for the provision of the services.
Term: This Agreement continues until the end of the Minimum Term and then on a month-to-month basis, subject to termination in accordance with clause 4.
Termination by Spectrum Networks for cause: Subject to clauses 2.6A, 2.6B, and 2.6C, Spectrum Networks may terminate this Agreement or any part of it by written notice to the customer if:
the customer fails to pay an undisputed amount by the due date and has not remedied the failure within the notice period given under clause 2.6A;
the customer fails to comply with any licence, permit, or authorisation relating to the connection of equipment to the Service Delivery Point or the use of the services and does not remedy the failure within 10 Business Days after written notice;
Spectrum Networks reasonably suspects fraud or material misuse of the services on the part of the customer; or
the customer commits a material breach of this Agreement that is incapable of remedy, or is capable of remedy but is not remedied within 20 Business Days after written notice from Spectrum Networks specifying the breach and requiring its remedy.
Termination for insolvency: Either party, the Non-Insolvent Party, may terminate this Agreement with immediate effect by notice to the other party, the Insolvent Party, if:
the Insolvent Party is unable to pay its debts as and when they fall due, is deemed insolvent or bankrupt, or has a receiver, liquidator, provisional liquidator, or administrator appointed, or enters into an arrangement with its creditors;
the Insolvent Party, being a partnership, is dissolved or an application is made for its dissolution; or
the Insolvent Party ceases, or threatens to cease, to carry on business.
Termination with notice after Minimum Term: After expiry of the Minimum Term, either party may terminate this Agreement by giving 30 days’ written notice to the other, effective 30 days from the date the notice is delivered, or on such later date as is specified in the notice.
Liability until termination: The customer remains liable for all charges payable under this Agreement in respect of the services up to the time of termination.
Accrued rights unchanged: Termination of this Agreement is without prejudice to the rights of each party against the other accrued up until the time of termination.
Early termination charge:
The Application for Service specifies the maximum early termination charge, or the method for calculating it, for the services covered by that application. That amount or calculation is a genuine attempt by Spectrum Networks to recover its actual and reasonable losses on early termination, comprising:
any unamortised portion of the Installation Charge and other one-off setup costs recovered rateably over the Minimum Term;
any early termination or exit charges actually payable by Spectrum Networks to an Other Supplier in respect of OffNet components of the service; and
the balance of the Recurring Charges that would otherwise have been payable for the remaining months of the Minimum Term, less any cost or expense that Spectrum Networks avoids or can reasonably mitigate as a result of the early termination, including avoided OffNet tail rental for cancelled OffNet components and avoided variable operating costs.
If the customer terminates this Agreement prior to expiry of the Minimum Term other than for a material breach by Spectrum Networks, the customer must pay the amount calculated under this clause.
If Spectrum Networks terminates this Agreement prior to expiry of the Minimum Term under clause 4.1 or clause 4.2 as the Non-Insolvent Party, the customer must pay Spectrum Networks the amount calculated under this clause as compensation.
This clause does not limit the customer’s liability to Spectrum Networks for charges accrued up to termination or for any separate indemnity given under this Agreement.
Continuing obligations: The following clauses continue in force despite termination of this Agreement: 1, 4, 5 in respect of amounts payable up to termination, 6 in respect of amounts payable up to termination, 7 to the extent relevant to overdue amounts, 8, 10, 12, 13 to the extent relevant, 14, 15, 16, 18, 19 in respect of complaints made before or arising after termination, 20 in respect of outstanding amounts, 21, and 22.
Invoicing: Spectrum Networks will invoice the customer monthly, or at another interval notified in advance, for the services. Spectrum Networks will use reasonable endeavours to issue each bill within 10 Business Days after the close of the billing period to which it relates. If the issue of a bill is delayed by more than 10 Business Days, other than for a Force Majeure Event, temporary system issue, or customer-service purpose, Spectrum Networks will extend the payment due date for the customer by at least the length of the delay. Each bill will include the customer’s billing name and address, Spectrum Networks’ trading name and ABN and if applicable ACN, the bill issue date and invoice number, the billing period, the account and payment references, the current amount due and due date, outstanding amounts from previous billing periods, a description of charges including credits, discounts, and third-party charges, at least one payment method that does not attract a Spectrum Networks-imposed surcharge, notice of any surcharge for other methods, the plan or agreement reference, contact details for billing enquiries and pricing information, notice of any exceeded spend limits or allowance thresholds where applicable, and a reference to Spectrum Networks’ complaints handling process and Financial Hardship policy.
Billing method: Spectrum Networks will invoice for, and the customer will be liable for, the service from the date of first supply, whether or not the customer uses the service from that date:
in advance for Installation Charges and Recurring Charges; and
in arrears for Usage Based Charges.
Bill media: Spectrum Networks will make bills available in a format the customer can store and reproduce, being email or online portal by default. If a customer requests hard-copy bills by post, Spectrum Networks may charge a reasonable fee, notified in advance.
Late charges: Spectrum Networks will not bill the customer for charges older than 160 days from the date the charge was incurred, except where the delay is caused by a Force Majeure Event or by regulatory or legislative change of general application, in which case Spectrum Networks will give affected customers reasonable prior notice.
Billing information, verification, and itemisation:
Spectrum Networks will provide, and be able to demonstrate on request, billing accuracy, including that charges appearing on a bill are consistent with Spectrum Networks’ published or contracted charges and the services actually acquired by the customer.
On request, Spectrum Networks will provide the customer or former customer with billing information for a period of up to 6 years prior to the date of the request, in a readable and understandable format.
At least one electronic medium, email or online portal, will be provided free of charge for billing information relating to the most recent 24 months.
For older billing information, up to 6 years, and for hard-copy reprints or other media, Spectrum Networks may charge a reasonable fee limited to the cost of provision, notified in advance.
Itemised details of Usage Based Charges, including itemised details of timed voice calls, will be made available unless the customer has requested or agreed otherwise. Spectrum Networks will inform the customer of any notice period required to activate itemised billing.
Spectrum Networks will provide a means for the customer to easily verify any payments made to Spectrum Networks, for example via the online portal or on request.
note payments in its systems within 48 hours of the start of the next Business Day following formal notification of payment;
apply payments received by the due date to the account before generating the next bill, or within 5 Business Days of receipt, whichever is sooner; and
apply payments received after the due date within 5 Business Days of receipt.
Direct debit: If the customer elects direct debit as a payment method, Spectrum Networks will:
provide the customer with at least 10 Business Days to review a bill, or where no bill is required, the amount of the charge, before the direct debit occurs;
allow the customer to cancel a direct debit authorisation by any reasonable means, including email, and give effect to a cancellation within 3 Business Days of receipt; and
refund any amount incorrectly debited promptly, or otherwise correct the incorrect debit as agreed with the customer.
Set-off: Spectrum Networks may set off any amounts due and payable by Spectrum Networks to the customer against any amount due and payable by the customer to Spectrum Networks. The customer may set off any amount due and payable by Spectrum Networks to the customer against any amount due and payable by the customer to Spectrum Networks where the customer’s claim has been agreed by Spectrum Networks in writing or determined by a court or the TIO.
Price: The charges referred to in clause 5.2 are set out in the Application for Service. After the Minimum Term, the Recurring Charges continue on a monthly basis. Spectrum Networks may vary the Recurring Charges after the Minimum Term by giving the customer at least 30 days’ prior written notice, with email being sufficient. If the varied charge is materially adverse to the customer, the customer may terminate this Agreement without paying an early termination charge by giving written notice within 30 days of Spectrum Networks’ notice.
Minimum usage charge: Where a minimum Usage Based Charge is specified in the Application for Service, that amount will apply even if the customer has incurred lower or no Usage Based Charges in that calendar month.
Payment terms: The customer must pay all fees and charges within 30 days of the date of invoice, using a payment method available under clause 5.1(h).
Interest and recovery costs:
Spectrum Networks may charge interest on any amount not paid by the due date, accruing from the due date until payment at a rate equal to 3% above the Commonwealth Bank Corporate Overdraft Reference Rate, or a comparable rate published by Spectrum Networks, applying at the due date.
The customer is liable for Spectrum Networks’ reasonable costs of recovering overdue amounts, including reasonable legal costs and reasonable fees of debt-recovery agents.
Any credit-management or recovery charge levied under this clause is limited to the amount reasonably necessary to reimburse Spectrum Networks for its actual costs. On request, and in any event before a charge is levied, Spectrum Networks will provide the customer with the amount of the charge or the method by which it will be calculated.
Discounts: Spectrum Networks may withdraw any discounts where payment is not received in accordance with clause 6.3, after giving the customer written notice and a reasonable opportunity to cure.
Taxes: Subject to clause 6.6(b), the charges set out in this Agreement are inclusive of all State and Commonwealth taxes, with the exception of GST and any stamp or transaction duty on this Agreement, and any related interest, expense, fine, penalty, or other charge relating to those taxes, which must be paid by the customer. Where Spectrum Networks becomes liable to pay any Taxes, the customer must pay Spectrum Networks the charges referred to in clause 5.2 plus an amount equal to the Taxes payable. Spectrum Networks must identify the Taxes to be paid on each invoice.
GST: Spectrum Networks may charge an additional amount equal to its GST liability at the time of invoice unless the consideration for the supply is expressed in this Agreement to be GST-inclusive. Where GST is charged, Spectrum Networks will provide a tax invoice enabling the customer, where permitted, to claim a credit or refund of GST.
Penalties and interest on GST or duty: Where Spectrum Networks becomes liable for penalties or interest as a result of the late payment of GST or any stamp or transaction duty due to the customer’s failure to comply with this Agreement or its GST obligations, an additional amount equal to those penalties and interest is payable to Spectrum Networks.
GST adjustment: If the GST amount recovered by Spectrum Networks differs from the GST liability due to an amendment in the GST Law or an adjustment to the consideration, the parties will adjust the amount of GST accordingly.
GST rate increase: If the rate of GST increases from that applying at the date of this Agreement, Spectrum Networks may increase the consideration by the amount necessary to preserve the same net economic benefit.
Purpose: Spectrum Networks may undertake a credit assessment of the customer, and of any director or guarantor of the customer as an individual, to assess the customer’s application for services, to establish and manage the customer’s account, and to collect overdue amounts.
Commercial credit reporting: The customer consents to Spectrum Networks obtaining information about the customer’s commercial creditworthiness from any business that provides commercial credit information, and to Spectrum Networks disclosing to any commercial credit reporting entity, debt-collection agency, or Other Supplier the following information about the customer for the purposes of assessing creditworthiness or collecting overdue payments:
the customer’s name and address;
details of the customer’s application for services and other services supplied;
credit limits on the customer’s accounts;
amounts of any payments overdue for at least 60 days;
advice that a previously reported overdue payment is no longer overdue;
cheques or card payments which have been dishonoured;
information that, in Spectrum Networks’ reasonable opinion, the customer has committed a serious credit infringement; and
information that Spectrum Networks has ceased to provide services to the customer.
Consumer credit reporting: Where credit-reporting activity would involve Personal Information about an individual, including where the customer is a sole trader, or where a director or guarantor supports the customer’s application, Spectrum Networks will:
only collect, use, or disclose that Personal Information with the individual’s informed consent obtained in accordance with the Privacy Act and the Privacy (Credit Reporting) Code 2014;
provide the individual with a compliant notification under APP 5 and the Credit Reporting Code, including the identity of any Credit Reporting Body to which information may be disclosed and the individual’s right to access, correct, and complain about the handling of their information; and
limit disclosure to what is permitted by Part IIIA of the Privacy Act.
Assessment outcome: Spectrum Networks may refuse to supply the services on the basis of its credit assessment, after consultation with the customer to confirm the accuracy of the assessment. Where a credit reference or check produces an adverse outcome, Spectrum Networks will inform the customer.
Financial information: The customer agrees, within 10 Business Days of Spectrum Networks’ reasonable written request, to provide Spectrum Networks, or an independent person nominated by Spectrum Networks, with information, including recent financial accounts, reasonably necessary to confirm the customer’s creditworthiness.
Default listed in error: If Spectrum Networks becomes aware that a customer or former customer has been default-listed with a Credit Reporting Body in error, Spectrum Networks will use reasonable endeavours to inform the Credit Reporting Body within 1 Business Day and will remove any associated credit-management charges.
Collection, use, and disclosure: The customer agrees to Spectrum Networks collecting, using, and disclosing Personal Information for:
assessing creditworthiness as outlined in clause 7;
all purposes associated with the provision of the services and the management of the customer’s account;
subject to clause 8.2, communicating with the customer about products and services which Spectrum Networks or its related bodies corporate may provide;
implementing this Agreement; and
complying with legal requirements.
Direct marketing opt-out: The customer may opt out of receiving direct marketing communications at any time by contacting Spectrum Networks using the details in clause 19. Every marketing communication will include a functional unsubscribe facility as required by the Spam Act 2003 (Cth).
Access and correction: Spectrum Networks will provide the customer with access to any Personal Information Spectrum Networks holds about the customer, at the customer’s request, in accordance with APP 12. Spectrum Networks will not charge a fee for making an access request but may charge a reasonable fee for the actual cost of retrieving and providing the information, notified in advance. Spectrum Networks will correct any Personal Information that is inaccurate, out of date, incomplete, irrelevant, or misleading, at the customer’s written request.
Privacy Policy and data breaches: Spectrum Networks handles Personal Information in accordance with the Privacy Act and Spectrum Networks’ Privacy Policy, which is available on Spectrum Networks’ website. In the event of an eligible data breach, Spectrum Networks will comply with its notification obligations under Part IIIC of the Privacy Act.
Interception and monitoring: Spectrum Networks may intercept communications carried over the services, or monitor use of the services, only:
to the extent required or authorised by law, including under the Telecommunications (Interception and Access) Act 1979 (Cth); or
to the extent reasonably necessary for network management, security, and integrity purposes.
Customer acknowledgements: The customer acknowledges that:
Suitability: it has relied on its own judgement, and where relevant information provided by Spectrum Networks, to evaluate the suitability of the services for the purpose for which it requires the services. This does not limit any liability Spectrum Networks may have for misleading or deceptive conduct in trade or commerce, or for express representations in the Application for Service.
Commissions: Spectrum Networks may, in its discretion, pay commissions to any agent, representative, or reseller who introduces the customer to Spectrum Networks.
Telephone numbers: the customer has no right, title, or interest in any number allocated to it as part of the services. Spectrum Networks will comply with the Numbering Plan made under Part 22 of the Telecommunications Act 1997 and reserves the right to alter or replace any number as a result of compliance with the Numbering Plan or with any direction from the ACMA. Spectrum Networks will give the customer reasonable notice of any numbering change affecting the customer.
Calling line identification: if the customer does not bar CLI on outbound calls, the customer’s telephone number may be sent automatically to the equipment of the called party. If a party calling the customer’s service has not barred CLI, that party’s number may be displayed on the customer’s equipment.
Managed router service: In respect of managed router services:
the services include the management of a Spectrum Networks-owned router at the relevant Access Site;
Spectrum Networks is responsible for the management of the services up to the Ethernet port on each router located at the customer premises;
title to the router configuration files remains at all times with Spectrum Networks;
the customer must not make any changes to the configuration files without Spectrum Networks’ prior written consent; and
where Spectrum Networks reasonably requires an out-of-band management channel, for example 4G or LTE-based management, the customer will facilitate its installation and, if applicable, bear the recurring cost notified in the Application for Service.
Internet services: In respect of internet services:
the Recurring Charge may be based on committed bandwidth, aggregate traffic, or a combination, as specified in the Application for Service;
the internet by its nature is not secure. Except where expressly agreed in the Application for Service, Spectrum Networks does not provide security features such as firewalls, intrusion detection, or DDoS mitigation as part of the internet service. The customer is responsible for its own security and privacy controls;
Spectrum Networks may cache certain content for performance purposes, and cached content is updated regularly but may not be the most current version;
neither Spectrum Networks nor any Other Supplier controls the content accessible through the internet; and
to the extent permitted by law, and subject to clause 14, neither Spectrum Networks nor any Other Supplier is liable for damage arising from the customer’s use of the services or content accessed through them.
Voice services, VoIP and SIP: In respect of hosted voice services and SIP trunking:
Spectrum Networks supplies voice services on an IP basis only, being VoIP or SIP. Spectrum Networks does not supply PSTN, ISDN, or analogue voice services;
the customer is responsible for ensuring its customer premises equipment, including IP-PBX or SIP-capable handsets, is compatible with the SIP protocols and codecs supported by Spectrum Networks;
voice quality depends on adequate underlying IP transport. Where the customer uses a third-party internet connection to reach Spectrum Networks’ SIP platform, Spectrum Networks does not warrant voice quality;
Emergency calls: Spectrum Networks will:
support calls to emergency service numbers, including Triple Zero and equivalents, at no charge to the end user to the extent required by law and consistent with the technical characteristics of VoIP services;
transmit to the emergency call service, or make available for lookup, the registered service address associated with the calling number in accordance with Spectrum Networks’ obligations to the emergency call person and the ACMA; and
comply with its obligations under the Telecommunications (Customer Communications for Outages) Industry Standard 2024 and any related instruments in relation to significant or major outages that affect the availability of emergency-call services.
The customer acknowledges that VoIP services have inherent limitations for emergency calls. Emergency calls made from a SIP endpoint may not reach the correct emergency service operator if the endpoint has been physically relocated from its registered service address, and will not function during a mains-power outage or an internet outage unless the customer has arranged suitable battery or UPS and alternate transport. The customer must:
inform all end users of these limitations;
ensure that all end users have an alternative means of making emergency calls, for example a mobile phone; and
keep the registered service address and location information for each number and SIP endpoint current, and promptly notify Spectrum Networks of any change so that Spectrum Networks can update the emergency call service records.
Where the Application for Service specifies a bi-directional, 2-way, voice service, and the customer’s actual use exhibits a ratio of more than 10 inbound minutes for every 1 outbound minute over a sustained period, Spectrum Networks may, on written notice, require the customer to move to an inbound-only or alternative pricing plan, or to pay revised charges reflecting the actual traffic profile. Spectrum Networks will give the customer at least 10 Business Days to move to an appropriate plan before treating continued non-compliant use as a material breach under clause 4.1(d). This paragraph does not apply where fraud or security misuse is reasonably suspected, in which case clause 4.1(c) applies.
Colocation and rack space services: In respect of colocation and rack space services provided by Spectrum Networks at a Spectrum Networks facility:
the customer is granted a non-exclusive licence to occupy the specified rack space and to place approved equipment within it;
the customer must comply with Spectrum Networks’ site-access, safety, and security procedures notified from time to time;
Spectrum Networks may, on reasonable prior notice, except in an emergency where notice will be given as soon as reasonably practicable, enter the rack space to perform maintenance, address safety or security issues, comply with a lawful direction, or protect the integrity of the facility. Spectrum Networks may unplug, disconnect, discontinue power to, move, or relocate the customer’s equipment where necessary to do so, and will use reasonable endeavours to minimise disruption to the customer;
Spectrum Networks’ liability in respect of any such entry or action is governed by clause 14; and
access to the colocation facility by customer personnel is subject to Spectrum Networks’ reasonable approval, which will not be unreasonably withheld or delayed.
Use of services: The customer will not use, or permit others to use, the services to:
distribute material that is defamatory, offensive, abusive, obscene, menacing, threatening, harassing, or unlawful under any law in any place from which transmissions are sent, viewed, or received;
copy or distribute material where it has no right to do so, including material subject to third-party copyright or confidentiality;
commit an offence, engage in unlawful conduct, or do any act that may damage the network or systems or impair the quality of the services;
engage in any activity that would reasonably expose Spectrum Networks or an Other Supplier to liability; or
send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth).
Indemnity: The customer will indemnify Spectrum Networks against all reasonable costs, losses, damages, liabilities, and expenses, including reasonable legal costs, incurred or suffered by Spectrum Networks as a result of any personal injury, death, or loss of or damage to property, including equipment, caused by the customer’s breach of this Agreement or the negligent or unlawful act or omission of the customer, its personnel, or its end users. This indemnity does not extend to loss to the extent that it is caused or contributed to by Spectrum Networks or its personnel.
Customer equipment: The customer must ensure that any equipment it uses in connection with the services:
has all necessary regulatory approvals;
is not prohibited by the ACMA;
complies with all applicable regulatory standards;
is compatible with the services; and
does not interfere with the services or Spectrum Networks’ network. If the customer’s equipment causes interference, Spectrum Networks may require the customer to stop using and disconnect it until the interference is resolved.
Installation of equipment: The customer will provide reasonable assistance to Spectrum Networks so that any equipment necessary for the customer to receive the services and access the Spectrum Networks network is properly installed and configured.
Authorisation: The customer authorises Spectrum Networks and its agents to perform reasonable configuration of IP-PBX systems and SIP-related equipment at the customer premises to the extent necessary to provide the services.
Customer supply: The customer will provide, at its cost, a suitable physical environment at the customer premises for the storage and operation of the equipment, including adequate power, cooling, and cabling.
Access: The customer will provide Spectrum Networks, and any lessor or licensor of the equipment, with reasonable access to the equipment and customer premises during normal business hours, and at other mutually agreed times. This right of access continues until all equipment is returned to Spectrum Networks, even if this Agreement has terminated. The customer must ensure that Spectrum Networks personnel are provided with a safe working environment while at the customer premises. Spectrum Networks personnel will comply with the customer’s reasonable site directions.
Property: Except as expressly provided by this Agreement:
the customer bears the risk of loss or damage to any equipment while at the customer premises, except to the extent caused by Spectrum Networks or its personnel;
title to the equipment remains at all times with Spectrum Networks, or the relevant lessor or licensor to Spectrum Networks;
the customer must obtain all necessary consents and approvals, including landlord approvals where applicable, for Spectrum Networks to deliver, install, and maintain the equipment at the Access Site;
the customer must not part with possession of the equipment except to Spectrum Networks and must comply with all reasonable directions of Spectrum Networks relating to its ownership; and
the customer must only use the equipment in accordance with the manufacturer’s specifications and any written directions of Spectrum Networks.
Change of equipment: Spectrum Networks may, on reasonable prior notice, change, modify, or service the equipment.
Interference: The customer must ensure that the equipment is not altered, repaired, serviced, or moved except by service personnel approved by Spectrum Networks. The customer must take reasonable care of the equipment while it is in the customer’s possession. The customer is liable for loss of, or damage to, the equipment while at the customer premises other than fair wear and tear or loss or damage caused by Spectrum Networks.
If Spectrum Networks uses the services of an Other Supplier in providing the services, the customer will comply with any reasonable direction of Spectrum Networks necessary to avoid causing a breach by Spectrum Networks of the relevant Other Supplier’s terms of supply. Spectrum Networks remains responsible for the services provided to the customer and is not relieved of that responsibility by its use of an Other Supplier.
Consumer guarantees and non-excludable rights preserved: Nothing in this Agreement excludes, restricts, or modifies any guarantee, warranty, right, or remedy conferred by the Australian Consumer Law, the Privacy Act, or any other statute where to do so is void or unlawful. Where such a guarantee, warranty, right, or remedy applies, Spectrum Networks’ liability for breach of it is limited to the extent permitted by section 64A of the Australian Consumer Law, or the analogous provision.
Exclusion of other terms: To the extent permitted by law, and except as expressly set out in this Agreement, all other terms, conditions, warranties, undertakings, inducements, or representations, whether express, implied, statutory, or otherwise, relating to the services or Spectrum Networks’ obligations under this Agreement are excluded.
Limitation of remedies: Subject to clauses 14.1 and 14.7, Spectrum Networks’ liability for breach of any express or implied term of this Agreement, in contract, tort, under statute, or otherwise, is limited, at Spectrum Networks’ election, to:
if the breach relates to services, the resupply of the services or the payment of the cost of resupply; or
if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacement, the repair of the goods, or the cost of repair.
Consequential loss: Subject to clauses 14.1 and 14.7, and to the extent permitted by law, Spectrum Networks excludes liability for the following types of loss to the extent they are indirect or consequential: loss of profits, loss of anticipated savings, loss of business opportunity, loss of goodwill, and loss or corruption of data. This clause does not exclude liability for direct loss, which remains subject to the cap in clause 14.6.
Service Level rebates as sole remedy: Subject to clauses 14.1 and 14.7, and to the extent permitted by law, the rebate provided under clause 2.5 is the customer’s sole remedy for Spectrum Networks’ failure to achieve a Service Level where the failure does not also constitute a material breach of any other term of this Agreement.
Aggregate liability cap: Subject to clauses 14.1 and 14.7, Spectrum Networks’ aggregate liability to the customer in connection with this Agreement in respect of all claims, in contract, tort, under statute, or otherwise, is limited to the greater of:
the total amounts paid by the customer to Spectrum Networks in the 12 months immediately preceding the event giving rise to the claim; and
AUD $50,000.
Carve-outs from liability limits: Nothing in clauses 14.2 to 14.6 limits or excludes:
either party’s liability for fraud, wilful misconduct, or personal injury or death caused by that party’s negligence;
Spectrum Networks’ liability for breach of clause 8, Privacy, or clause 15, Confidentiality;
the customer’s liability for outstanding amounts payable under this Agreement, or under any indemnity given by the customer under this Agreement; or
any liability that cannot be excluded or limited at law.
Mutual obligation: Each party, as Receiving Party, must:
keep the Disclosing Party’s Confidential Information confidential;
use it only for the purposes of this Agreement; and
not disclose it to any third party except as permitted under clause 15.2.
Permitted disclosures: A Receiving Party may disclose Confidential Information:
to its personnel, professional advisers, including legal, accounting, tax, and audit advisers, financiers, insurers, and related bodies corporate, on a need-to-know basis and subject to equivalent confidentiality obligations;
to a regulator, including the ACMA and TIO, or as part of a dispute resolution process;
as required by law or by a court, tribunal, or regulator having jurisdiction; and
with the prior written consent of the Disclosing Party.
Return or destruction: On termination of this Agreement or on the Disclosing Party’s reasonable request, the Receiving Party will return or destroy Confidential Information in its possession, except to the extent it is required to retain a copy by law or for regulatory record-keeping purposes.
Force Majeure Event: Neither party is liable for any failure to perform, or delay in performing, any of its obligations under this Agreement, other than an obligation to pay money, where the failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event or circumstance beyond the reasonable control of the affected party, including strike or industrial action, failure or delay by an Other Supplier not caused by the affected party, legislative or governmental prohibitions or restrictions or delays in granting approvals or authorities, fire, flood, storm, earthquake, pandemic, war, terrorism, sabotage, or cable cut caused by a third party.
Mitigation: The affected party must promptly notify the other of the Force Majeure Event and its expected duration, and must use reasonable endeavours to mitigate the effect and resume performance.
Extended events: If a Force Majeure Event continues for more than 60 days and materially affects the affected party’s ability to perform, the other party may terminate this Agreement, or the affected part of it, on 10 Business Days’ written notice, without liability.
Customer assignment: The customer may not assign or otherwise deal with its rights under this Agreement without Spectrum Networks’ prior written consent, which must not be unreasonably withheld.
Spectrum Networks assignment or sale of business: Spectrum Networks may assign this Agreement, or transfer the services to a different carrier or carriage service provider, as a result of a sale of all or substantially all of its business, a corporate reorganisation, or any similar transaction, on written notice to the customer.
Wholesale network change: Spectrum Networks may, independently of clause 17.2, move all or part of the customer’s service to a different wholesale network provider, for example changing the underlying access provider for an OffNet component. Where such a move would have a materially adverse effect on the features, characteristics, or pricing of the service, or on the customer’s use of its existing equipment, clauses 17.4 and 17.5 apply.
Notice content: Where clause 17.2 or 17.3 applies, Spectrum Networks will notify the customer before initiation, using its normal method of communication with the customer, of:
the fact of the assignment, sale, reorganisation, transfer, or wholesale network change;
any known details of any materially adverse effect on the features, characteristics, or pricing of the services;
any impact on the customer’s use of existing equipment;
contact details of the gaining supplier, or updated contact details for Spectrum Networks;
the proposed completion date, and that Spectrum Networks will use reasonable efforts to notify the customer on the completion day, or if unable to notify on that day, within 5 Business Days of that date;
contact details for enquiries or complaints about the transfer or change;
any subsequent changes to the process, including delays, appointment changes, or changes to the estimated completion date; and
the customer’s applicable termination rights, including any notice period and any contract-termination charges.
Termination right on materially adverse change: Where clause 17.2 or 17.3 applies and the change would have a materially adverse effect on the customer, the customer may terminate this Agreement without paying an early termination charge by giving written notice within 30 days of Spectrum Networks’ notice. Spectrum Networks will give effect to the termination within 5 Business Days of receiving the customer’s notice.
Transfer records: Where Spectrum Networks is the gaining supplier for a transfer into its network, Spectrum Networks will keep auditable records of the transfer, including any consent, verification, and completion records, and any voice recording of the transfer request, for a minimum of 2 years after transfer completion, or such longer period required by law. On request during that period, Spectrum Networks will provide the customer with access to those records, or copies, in a clear, unambiguous, and easily understood format.
Governing law and jurisdiction: This Agreement is governed by, and construed in accordance with, the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
Entire agreement: This Agreement contains the entire agreement of the parties regarding the services and supersedes all prior agreements, representations, and understandings on the same subject. This clause does not exclude liability for misleading or deceptive conduct in trade or commerce and does not exclude a party’s right to rely on any express representation set out in the Application for Service.
Notices: A notice, approval, or consent under this Agreement must be in writing and is taken to be received:
if delivered by hand, at the time of delivery;
if sent by ordinary post, on the third Business Day after posting;
if sent by express post, on the next Business Day after posting; or
if sent by email to the email address most recently notified by the recipient, at the time of transmission, unless the sender receives an automated delivery-failure notification.
Severance: If any provision of this Agreement is held invalid or unenforceable, it is to be severed to the minimum extent necessary and the remainder of this Agreement continues in full force.
Waiver: No waiver by a party of any right under this Agreement is effective unless in writing signed by that party. A waiver of one breach is not a waiver of any other breach.
Variation: Subject to clause 6.1, no variation of this Agreement is effective unless in writing and signed by both parties.
Spectrum Networks maintains a complaints-handling process in accordance with the Telecommunications (Consumer Complaints Handling) Industry Standard 2018. Details are available on Spectrum Networks’ website and on request at no charge.
To lodge a complaint, the customer may contact Spectrum Networks by the methods set out on its website, by email to the complaints address published there, or by phone on the number published there.
If the customer is dissatisfied with Spectrum Networks’ response to a complaint, the customer may, subject to eligibility, refer the matter to the Telecommunications Industry Ombudsman:
Policy: Spectrum Networks maintains a Financial Hardship policy consistent with the Telecommunications (Financial Hardship) Industry Standard 2024. The policy is published on Spectrum Networks’ website and is available on request at no charge. Reminder notices for overdue amounts will include a reference to Spectrum Networks’ Financial Hardship policy and details of how to obtain it.
Policy content: Spectrum Networks’ Financial Hardship policy sets out, in accordance with the Financial Hardship Standard, matters including eligibility, the information Spectrum Networks may require to assess an application, the assistance options offered, including payment deferral, alternative payment arrangements, plan changes, discounting or waiving debt, waiving late-payment or cancellation fees, spend controls, service restriction and interim low-cost options, how Spectrum Networks assesses applications, timeframes for assessment and communication of outcomes, review rights, and how Spectrum Networks treats disconnection as a last resort. In the event of any inconsistency between this Agreement and the Financial Hardship policy, the more customer-favourable applies.
How to seek assistance: A customer experiencing Financial Hardship, or who reasonably anticipates Financial Hardship, may contact Spectrum Networks using the contact details published in the Financial Hardship policy to discuss the available assistance options. Spectrum Networks will not charge for making a Financial Hardship assessment or for administering a Financial Hardship arrangement.
Suspension of credit management during hardship: Consistent with clause 2.6C:
where Spectrum Networks is aware that the customer is, or may be, experiencing Financial Hardship, Spectrum Networks will not restrict, suspend, or disconnect the services on less than 10 Business Days’ written notice, unless clauses 2.6A(a), 2.6A(b), or 2.6A(c) apply;
Spectrum Networks will not commence or continue credit-management action, suspension, or disconnection of the services while a Financial Hardship assessment is being made or a Financial Hardship arrangement is in place, except as expressly permitted by the Financial Hardship Standard;
if the customer fails to comply with a Financial Hardship arrangement, Spectrum Networks will make reasonable attempts to contact the customer and review the arrangement before recommencing credit-management action; and
Spectrum Networks will not sell a debt while a Financial Hardship arrangement is in place.
Disconnection as a last resort: Spectrum Networks will treat full disconnection of a Financial Hardship customer as a last resort and will consider available alternatives, such as service restriction or transfer to a lower-cost plan, before disconnecting.
Community support: Spectrum Networks’ Financial Hardship policy contains details of sources where the customer can locate community financial counsellors or consumer advocates, including the National Debt Helpline.
an Authorised Representative, being a person authorised to deal with Spectrum Networks on the customer’s behalf, including discussing and making account changes, as if they were the customer; or
an Advocate, being a person nominated to communicate with Spectrum Networks on behalf of the customer, but who may not make account changes without the customer being present and agreeing.
Spectrum Networks will make forms and information for appointing an Authorised Representative or Advocate available on request at no charge and will maintain records of any such appointment.
Spectrum Networks will keep auditable records of the customer’s entry into this Agreement, including any voice recording where a contract was entered into by phone, for the greater of:
the term of this Agreement plus 2 years, or 2 years after cancellation if this Agreement is cancelled prior to the end of the Minimum Term; and
any longer period required by law.
On request, Spectrum Networks will provide the customer with access to those records, or copies, including voice recordings where applicable, in a clear, unambiguous, and easily understood format. Access to records covered by clause 22.1 is provided at no charge. Hard-copy or other-format reprints may be provided at a reasonable cost of provision, notified in advance.
Internet services are not inherently secure. Unless expressly agreed otherwise, the customer is responsible for its own security and privacy controls.
VoIP and SIP services have inherent limitations for emergency calling if endpoints are relocated, power is unavailable, or underlying internet transport fails.
Where managed equipment is supplied, customers must not alter configuration without prior written approval from Spectrum Networks.