Terms and Conditions

1.1 What forms your agreement

Your agreement with Miyzon is made up of the documents that apply to the service you have selected. Depending on the service, this may include:

• your order, application, quote or service summary;
• the Critical Information Summary for your plan;
• these Terms and Conditions;
• our Standard Agreement;
• any service-specific terms, equipment terms or acceptable use conditions; and
• any other document we tell you forms part of your agreement.

If there is an inconsistency between documents, a service-specific document or your order will generally apply to that service to the extent of the inconsistency, unless applicable law requires otherwise.

1.2 Consumer and business customers

These Terms apply to both personal and business customers unless a separate business agreement, quote or service-specific term says otherwise.

Some consumer protections apply only to services acquired for personal, domestic or household use, while other protections may also apply to eligible small business customers.

2.1 Placing an order

You may request a service online, by phone, through an authorised Miyzon representative or by accepting a quote or proposal. Your request is subject to our acceptance and to the service being available at the relevant address.

We may need further information before accepting an order, including information needed to verify your identity, confirm serviceability, process payment or meet legal and regulatory requirements.

2.2 Serviceability

Any serviceability result shown before you order is based on information available to us at that time. Final availability may depend on confirmation from nbn, another wholesale network provider, a carrier, building infrastructure or an installation appointment.

If the service cannot be supplied as ordered, we may contact you to discuss another available option or cancel the order.

2.3 When your service starts

Your service starts when it is activated or otherwise made available for use. Billing starts as described in your order, Critical Information Summary or service-specific terms.

3.1 How we provide services

Miyzon may use third-party telecommunications networks, wholesale providers, carriers, contractors and infrastructure to provide your service. For NBN services, the underlying access network is operated by NBN Co and wholesale supply to Miyzon may involve Vocus Communications. Miyzon voice services may also use Vocus or other carrier infrastructure depending on the service.

Miyzon remains responsible to you for the retail service supplied under your Miyzon customer contract. Miyzon is not NBN Co or Vocus and is not affiliated with or related to those entities merely because their network or wholesale services are used.

Your service may therefore depend on systems or infrastructure that are not owned or directly controlled by Miyzon.

3.2 Internet speeds

Internet speeds are not guaranteed unless we expressly state otherwise. Actual performance can vary because of factors including your NBN technology, line conditions, network congestion, Wi-Fi performance, internal cabling, equipment, device capability, server performance and the number of users sharing the connection.

Where we publish typical evening speeds or other speed information, you should read that information together with the Critical Information Summary for your plan.

3.3 Voice services

A voice service delivered using broadband or VoIP may depend on your internet connection, power supply and compatible equipment. It may not operate during a power failure, broadband outage or equipment failure.

You should maintain another way to make emergency calls where continuous access to a telephone service is important to you. Any specific information about emergency calling or Customer Service Guarantee arrangements will be provided where applicable.

4.1 Miyzon supplied equipment

If you obtain a modem, router, telephone adaptor or other equipment from Miyzon, the price, payment arrangement, ownership conditions and any applicable warranty information will be shown when you order or in the relevant service documents.

You must use the equipment reasonably, keep it in a suitable environment and follow any installation or safety instructions provided with it.

4.2 Bring your own equipment

If you use your own modem, router, handset or other equipment, it must be compatible with the service and correctly configured. Our ability to support or troubleshoot customer-owned equipment may be limited.

4.3 Installation and access

You are responsible for providing safe and reasonable access to the service address where access is required for installation, repair, replacement or testing. Additional work requested by you, or work required because of your premises, internal wiring or equipment, may involve additional charges if these are disclosed to you before the work is carried out.

5.1 Your responsibilities

You are responsible for the use of your service and must take reasonable steps to keep your account credentials, network and equipment secure.

You must not use, or allow another person to use, a Miyzon service:

• for unlawful, fraudulent or abusive activity;
• to interfere with, damage or compromise a network, service, system or another person's equipment;
• to distribute spam, malware or other harmful material;
• to gain unauthorised access to systems, accounts or data;
• in a way that unreasonably interferes with other customers or network operation; or
• for resale or redistribution unless your service expressly permits it.

5.2 Unlimited services

Where a plan is described as including unlimited data or unlimited eligible calls, this means the plan does not have the standard included usage limit described for that service. Unlimited use does not permit unlawful use, commercial resale, network abuse or use that is inconsistent with any fair or acceptable use conditions that apply to the service.

6.1 What you must pay

You must pay the charges that apply to your service as set out in your order, Critical Information Summary, invoice or other applicable pricing document.

Charges may include recurring plan fees, equipment charges, usage charges, optional add-ons, installation or technician charges, and other charges that you request or that are properly incurred under your agreement.

6.2 Billing

Recurring service charges may be billed in advance, while usage or one-off charges may be billed after they are incurred. Your invoice will show the amount payable and the due date.

You must review your invoices and tell us as soon as reasonably possible if you believe a charge is incorrect. Raising a billing enquiry does not require you to pay an amount that we agree is genuinely in dispute while we investigate it, but undisputed amounts remain payable.

6.3 Payment methods

You must maintain a valid payment method where your plan requires automatic payment. If a payment is unsuccessful, we may notify you and make another payment attempt. Any fee for a failed or late payment will only apply if it has been disclosed to you and can lawfully be charged.

If you are having difficulty paying for your service, contact us as early as possible. We will consider available payment assistance options in accordance with applicable telecommunications requirements and our Payment Assistance Policy.

Where the law requires us to provide payment assistance or take particular steps before restricting, suspending or disconnecting a service, those requirements apply in addition to these Terms.

8.1 When we may restrict or suspend a service

We may restrict or suspend a service where reasonably necessary, including because of non-payment, a serious or repeated breach of your agreement, unlawful use, fraud, security risk, network protection, an emergency, a direction from a carrier or wholesale provider, or where required by law.

We will provide any notice required by your agreement or by law. Different rules may apply where urgent action is required to protect people, networks, systems or services.

Additional protections apply where a customer has sought support relating to domestic, family or sexual violence. See our Domestic, Family & Sexual Violence Support information.

8.2 Cancelling your service

You may ask us to cancel a service using the methods we make available for cancellation. Charges remain payable up to the effective cancellation date together with any outstanding equipment, usage or other amounts that remain due under your agreement.

If your plan is described as month-to-month or no lock-in, there is no early termination charge merely because you cancel the service. Separate equipment commitments or outstanding charges may still apply.

8.3 Moving or transferring services

A service cannot always be transferred to another address, customer or provider. A move may require a new serviceability check or new order.

If you are porting a telephone number to another provider, do not cancel the number before the port is completed unless your new provider tells you to do so. Cancelling a voice service too early may result in loss of the number.

9.1 Faults and maintenance

Telecommunications services can be affected by faults, maintenance, upgrades, third-party networks, power failures, equipment issues, weather, physical damage and other events. We will use reasonable efforts to investigate and manage faults reported to us and, where necessary, work with the relevant wholesale provider or carrier.

Planned or unplanned outages may occur. We will provide outage information and customer communications where required by law or where reasonably practicable.

Where a service outage report is likely to relate to a major or significant local network outage, our Network Outage Complaints Process applies. Historical carrier outage-register links are available on our Service Status page.

9.2 Customer-caused faults

If we arrange work for a reported fault and the problem is found to be caused by your equipment, internal wiring, property or another matter outside the Miyzon service, a technician or call-out charge may apply if you were told about that potential charge before the work was arranged.

9.3 Consumer guarantees and liability

Nothing in these Terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, including rights under the Australian Consumer Law.

To the extent permitted by law, Miyzon is not responsible for delay or failure caused by circumstances outside our reasonable control, including failures of third-party networks or infrastructure that we do not operate. Any limitation of liability in your agreement applies only to the extent permitted by law.

10.1 Privacy

We handle personal information in accordance with our Privacy Policy and applicable privacy and telecommunications laws.

Customers who are experiencing domestic, family or sexual violence can access additional safety, privacy and service protections through our Domestic, Family & Sexual Violence Support process.

10.2 Complaints

If you are dissatisfied with a Miyzon service or with how we have handled an issue, you can make a complaint using our Complaints Handling Process.

We will manage consumer complaints in accordance with applicable telecommunications complaints-handling requirements. If you are not satisfied with how we have handled your complaint, you may have the right to take the matter to the Telecommunications Industry Ombudsman, a free and independent dispute resolution service.

11.1 Changes to services or terms

We may change a service, price, plan feature or term where reasonably necessary. We will give you any notice required by law or by your agreement. If a change is materially adverse to you, any cancellation or other rights required by law will continue to apply.

11.2 Notices and communications

We may contact you using the contact details on your account, including by email, SMS, phone, customer portal notification or other electronic means. You must keep your contact details up to date.

11.3 Transfer of rights

You may not transfer your service or agreement to another person without our consent. We may transfer or assign our rights or obligations where permitted by law, including as part of a restructure, sale or transfer of the relevant business.

11.4 Severability and waiver

If part of your agreement is invalid or unenforceable, the remaining provisions continue to apply. A failure by either party to enforce a right does not waive that right.

11.5 Governing law

Your agreement is governed by the laws that apply in Australia and, where a state law is relevant, the laws of New South Wales, without limiting any rights you may have under laws that apply in another Australian state or territory.

11.6 Contacting Miyzon

For help with your service or account, visit our Contact Us page or call 1300 064 151.