1. Definitions:
Applicant means the person listed as the 'Applicant' in the Pre-installation Request Form.
Carrier Powers means those powers and immunities conferred to nbn as a carrier under Schedule 3 of the Telecommunications Act.
Claim means any claim for payment of money (including damages) or any other relief or remedy under contract or at law or in equity.
Consequential Loss means the loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Lead-in Cable is the physical cable connecting the PCD to the local nbn® network access equipment.
Loss means all losses, liabilities, damages and claims, and all related costs and expenses (including any and all reasonable legal fees, interest and penalties).
nbn means NBN Co Limited (ABN 86 136 533 741).
nbn® Equipment means any equipment or infrastructure owned, operated or controlled by nbn, including the Lead-in Cable, power supply unit, NTD, PCD, associated interconnecting fibre optic cables, electronic devices and equipment supplied by nbn and its Personnel.
NTD means the active or powered network termination device that is owned, controlled or operated by or on behalf of nbn as part of connecting the Premises to the nbn® network.
Occupier means the person occupying the Premises at any time throughout the Pre-installation process, including the Site Supervisor.
Owner means the legal owner of the Premises at any time throughout the Pre-installation process.
PCD means the premises connection device owned, controlled or operated by or on behalf nbn as part of connecting the Premises to the nbn network.
Personnel means, in relation to a party or third party, that party's employees, officers, agents, contractors, subcontractors or consultants (in their capacity as agents, contractors, subcontractors or consultants of the relevant party).
Pre-installation means the installation of nbn Equipment by nbn and its Personnel at the Premises to connect it the nbn network.
Pre-installation Request Form means the form provided by nbn from time to time to submit a request for Pre-installation.
Premises means the premises listed in the Applicant's Pre-installation Request Form.
Site Supervisor means in relation to the Premises, the person who has authority to schedule and provide access to nbn and its Personnel for the purposes of the Pre-installation.
Telecommunications Act means the Telecommunications Act 1997 (Cth).
Telecommunications Code means the Telecommunications Code of Practice 2021 (Cth).
Terms means these terms and conditions.
2. Property Owner / Property Occupier Authority
2.1 By making a request for Pre-installation, the Applicant represents, warrants and undertakes at all times throughout the Pre-installation process that:
(a) all information it provides to nbn is accurate and complete in all material respects and it will immediately notify nbn if it becomes aware that any information provided has become inaccurate or incomplete;
(b) it is the sole Owner and Occupier of the Premises, or is otherwise authorised to make this request and to provide any information submitted as part of this request on behalf of all the Owners and Occupiers of the Premises; and
(c) has full power and authority to accept and be bound by these Terms for itself, and on behalf of all the Owners and Occupiers of the Premises (if applicable).
2.2 Where the Applicant is not the sole Owner and Occupier does not have the required authorisations referred to in clauses 2.1 and approvals referred in clause 3.1, or such authorisations or approvals have been withdrawn at any time before the Pre-installation is completed, then the Applicant must immediately inform nbn and nbn reserves the right to refuse, suspend or terminate the Pre-installation.
3. Pre-installation
3.1 The Applicant authorises and/or agrees to obtain all necessary approvals for:
(a) nbn and its Personnel to have safe access to the Premises (and any other property if reasonably required), at any time upon reasonable request by nbn, for the purposes of the Pre-installation; and
(b) nbn and its Personnel to liaise and coordinate directly with the Builder, Developer and/ or Site Supervisor (as applicable) in relation to all aspects of the Pre-installation.
3.2 Any nbn® Equipment installed at the Premises remains the property of nbn at all times, and only nbn or its Personnel can remove or interfere with it.
3.3 The Applicant must not (and must use reasonable endeavours to ensure that each Owner and Occupier (as applicable) does not) damage, interfere with or remove any nbn equipment from the Premises.
3.4 The Applicant acknowledges that by making this request for Pre-installation:
(a) nbn has no obligation to perform the Pre-installation and may refuse, suspend or terminate the Pre-installation at any time upon notice to the Applicant;
(b) nbn may notify the Applicant of any requirements necessary for nbn to perform the Pre-installation; and
(c) the Owner(s) and Occupier(s) of the Premises are not obliged to order and nbn is not obliged to supply phone or internet services over the nbn network to the Premises. If telephone and/or internet services over the nbn network are required for the Premises, the Owner(s) and Occupier(s) of the Premises will need to contact their retail service provider.
4. Telecommunications Act
Schedule 3 of the Telecommunications Act requires nbn and/or its Personnel to either notify the Owners and Occupiers of nbn's intention to undertake the Pre-installation at the Premises or obtain waivers from them regarding their right to receive such notice. If nbn and/or its Personnel receive an objection to the Pre-installation from any of the Owner or Occupier in accordance with the Telecommunications Code, nbn and/or its Personnel cannot proceed with the Pre-installation until the objection is resolved.
5. Liability
To the extent permitted by law, nbn is not liable for any Loss (including Consequential Loss), damage, or expense that the Applicant, the Owners and/or the Occupiers (as applicable) suffer in connection with the Pre-installation or any refusal, suspension, termination or failure by nbn to complete the Pre-installation.
6. Indemnity
To the extent permitted by law, the Applicant indemnifies nbn from and against any Claim or Loss (including any Claim by or Loss to a third party) which nbn suffers, incurs or for which it becomes liable arising out of or in connection with any breach by the Applicant of its obligations under these Terms, except to the extent that any such Claim or Loss is caused or contributed to by the wilful misconduct, fraudulent or negligent actions of nbn or their Personnel.
7. Modification or Cancellation of Pre-installation for Convenience
The Applicant may modify or cancel the request for Pre-installation at any time prior to the scheduled date for the Pre-Installation by notifying nbn via a form provided by nbn (which nbn may change or update from time to time).
8. Privacy
The Applicant acknowledges that:
(a) personal information provided as part of or in connection with the Pre-installation, including about the Applicant and/or the Owners or Occupiers and contacts for the Premises, may be collected, used and disclosed by nbn and its Personnel for the purposes of assessing the Applicant's request for Pre-installation and, should the Pre-installation proceed, connecting and maintaining the nbn Equipment for quality purposes, and to resolve any complaints. If the information requested is not provided, nbn may not be able to process the Applicant's request; and
(b) organisations that nbn typically disclose personal information to are set out in nbn's Privacy Policy and may include the Owner or Occupier's retail service provider, organisations that provide services to nbn, and other organisations or any government agencies that nbn is required to disclose to by law or a court/tribunal order.
(c) The nbn Privacy Policy contains information about how a complaint may be made about a breach of the Australian Privacy Principles and how we will deal with such complaint, how a person can request access to personal information held by nbn about them and correct such information. You can contact nbn by calling 1800 "OURNBN" (1800 687 626).
9. General
9.1 These Terms are governed by the laws of New South Wales, Australia. The parties unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Commonwealth courts having jurisdiction in that State and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms.
9.2 nbn reserves the right to terminate or update the Pre-installation Request Form terms at any time. The terms in effect at the time the Applicant submits its Pre-installation Request Form are the Terms that will apply to that Pre-installation.
Last Updated: 5 July 2024