Terms of Service

1About these terms

These Terms of Service (the Terms) are an agreement between you and WISP Limited, a company operating in Papua New Guinea, of P.O. Box 195, Foodworld, Gordons, Port Moresby (WISP, we, us or our).

They apply whenever you visit our website, create an account, apply for or use GIGA Home Broadband, or use any of our online portals (together, the Services). By doing any of those things, you confirm that you have read and accept these Terms. If you do not agree, please do not use the Services.

Your agreement with us is made up of:

1. these Terms;
2. the plan details and pricing shown to you when you sign up (your Plan);
3. our Privacy Policy; and
4. for ISP and DataCo partners, any separate written partner agreement.

If anything conflicts, a signed partner agreement takes priority, then your Plan, then these Terms.

2Key words we use

3Eligibility and your account

• You must be at least 18 years old and legally able to enter into a contract in Papua New Guinea.
• The information you give us, including your name, contact details, address and any identity documents, must be true, complete and kept up to date.
• You are responsible for keeping your password secret and for everything done through your account. Tell us straight away if you think someone else has accessed it.
• You may only have the role you have been given in the Portal (for example, Customer or ISP Partner). Do not try to access areas or data you are not authorised to see.
• If you apply on behalf of a business or another person, you confirm you have authority to bind them to these Terms.

4Our services and coverage

GIGA Home Broadband is a fixed fibre-to-the-home internet service delivered over gigabit passive optical network (GPON) infrastructure. Depending on the Plan you choose, speeds range from 100 Mbps up to 1 Gbps.

The Services may be supplied to you directly by WISP or by an ISP Partner in your area. Where an ISP Partner supplies your service, they may handle your sales, billing and day-to-day support, and their own terms may also apply.

Availability

• Coverage maps and address checks on our website are a guide only.
• Submitting an application does not guarantee service. We will confirm availability after reviewing your application and, if needed, completing a site survey.
• We may decline an application, for example where the premises cannot be connected safely or economically, or where we cannot verify your identity.

5Applications, installation and equipment

Installation

• Once your application is approved, we or our contractors will agree an installation appointment with you.
• You must make sure that someone aged 18 or over is present, and that you have permission from the owner or landlord for the work, including any drilling or cable runs.
• Any installation or connection fee will be shown to you before you confirm your order.

Equipment

• Equipment supplied by us remains our property unless your Plan says you have bought it.
• Please keep it in a safe, dry place, do not open, modify or move it to another address, and do not connect it to any other network.
• If Equipment is lost, stolen or damaged other than through normal wear and tear, we may charge the reasonable cost of repair or replacement.
• When your service ends, you must return the Equipment, or let us collect it, within 14 days. If you do not, we may charge its replacement value.

6Plans, fees, billing and payment

• All prices are in Papua New Guinea kina and include GST unless stated otherwise.
• Monthly plan fees are charged in advance. Your first bill may include a part-month charge and any one-off installation fee.
• You can pay using the payment methods offered in the Customer Portal. Card and mobile payments are processed by our payment providers; we do not store your full card details.
• If a payment is not received by its due date, we will remind you. If it remains unpaid for 14 days after the reminder, we may suspend your service until the balance is paid, and a reconnection fee may apply.
• We may change our prices or Plans. If a change is to your disadvantage, we will tell you at least 30 days before it takes effect, and you may cancel without any early termination fee before the change applies.
• If you think a bill is wrong, please contact us within 60 days. We will investigate and correct any error promptly; you do not have to pay the disputed amount while we investigate.

7Speeds and service levels

• Speeds advertised for each Plan are the maximum line speed. Actual speeds depend on things like Wi-Fi conditions, your devices, the number of users, network congestion and the websites you visit.
• We target network availability of 99.5% per month, excluding planned maintenance and events beyond our reasonable control. This is a target, not a guarantee, unless your Plan expressly includes a service level agreement.
• We may need to carry out maintenance or upgrades. Where practical, we will give you advance notice and schedule planned work outside peak hours.
• If there is a fault, please report it through the Portal or by phone. We will work to fix faults on our network as quickly as reasonably possible. If the fault is caused by your own equipment or wiring, a call-out fee may apply, and we will tell you before charging it.

8Acceptable use

You must not use the Services, or allow anyone else to use them, to:

• break any law of Papua New Guinea, including the Cybercrime Code Act 2016, or infringe anyone’s rights;
• access, upload or share illegal content, including any material that exploits children;
• send spam, run phishing or scams, or distribute malware;
• hack, scan, overload or disrupt any network, system or account, including ours;
• harass, threaten or defame any person;
• resell, share or extend the service beyond your Premises, unless you are an authorised ISP Partner; or
• tamper with the Equipment, fibre or any part of our network.

We may take reasonable steps to manage the network fairly for all users, for example to protect against attacks or extreme congestion. If you breach this section, we may warn you, suspend or terminate the Services, and report illegal activity to the authorities.

9ISP Partners and DataCo

• ISP Partners must hold any licences required by the National Information and Communications Technology Authority (NICTA) and comply with all applicable laws.
• Partners are responsible for the accuracy of information they submit, for the conduct of their staff and contractors, and for meeting their own obligations to their customers.
• Partners may only use customer information obtained through the Portal to provide and support the Services, in line with our Privacy Policy and their partner agreement.
• Access to partner and administrator portals is personal to the individuals we approve. We may remove access at any time if it is misused or no longer needed.

10Your privacy

We collect and use personal information to provide the Services, as explained in our Privacy Policy. By using the Services, you acknowledge that your information will be handled in that way. We do not sell your personal information.

11Intellectual property

All content on our website and Portals, including the WISP and GIGA Home names, logos, text, graphics and software, is owned by or licensed to WISP Limited. We give you a limited, non-exclusive, non-transferable right to use them for the purpose of using the Services. You must not copy, modify, reverse engineer or commercially exploit them without our written permission.

Any feedback or suggestions you send us may be used by us to improve the Services, without obligation to you.

12Cancellation, suspension and termination

If you want to leave

• You may cancel at any time by giving us 30 days notice through the Portal, by email or by phone.
• If your Plan includes a minimum term, an early termination fee may apply if you leave before it ends. Any such fee is shown to you before you sign up and will never be more than the remaining monthly fees for that term.

If we need to suspend or end the service

We may suspend or terminate the Services, with notice where reasonably possible, if:

• you do not pay amounts that are due, as described in section 6;
• you seriously or repeatedly breach these Terms, including the acceptable use rules;
• we are required to by law or by a regulator;
• there is an emergency or a risk to the safety or security of people or the network; or
• we stop providing the service in your area, in which case we will give you at least 30 days notice and refund any fees paid in advance for the period after termination.

What happens when the service ends

You must pay any amounts owing up to the end date and return the Equipment as described in section 5. Sections that by their nature should continue, such as those on fees owed, liability and disputes, continue to apply.

13Refunds

• If you are charged in error, we will refund or credit the amount once confirmed.
• If you cancel, any monthly fee paid in advance for the period after your service ends will be refunded or credited, less any amounts you owe us.
• Installation fees are not refundable once installation has been completed, unless the installation was faulty and we cannot fix it.
• If we cancel an approved order before installation, we will refund everything you have paid for it.

Refunds are made to your original payment method where possible, normally within 14 business days.

14Our responsibility to you

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Independent Consumer and Competition Commission Act 2002 or any other law of Papua New Guinea that cannot lawfully be excluded.

Subject to that, and to the extent permitted by law:

• the Services are provided on an “as available” basis, and we do not guarantee that they will be uninterrupted, error-free or completely secure;
• we are not liable for any indirect or consequential loss, such as loss of profits, business, revenue or data, arising from the Services;
• we are not liable for any failure or delay caused by events beyond our reasonable control, such as natural disasters, extreme weather, civil unrest, power outages, damage to cables by third parties, or failures of upstream international links; and
• our total liability to you for any claim relating to the Services is limited to the fees you paid us for the Services in the three months before the event that led to the claim.

You agree to compensate us for any reasonable loss or cost we suffer because you broke the law or seriously breached these Terms, except to the extent the loss was caused by us.

15Changes to these terms

We may change these Terms to reflect changes in the law, our Services or how we run our business. The “Last updated” date at the top shows when they were last revised.

If a change is significant or to your disadvantage, we will notify you by email, SMS or through the Portal at least 30 days before it takes effect. If you do not agree to the change, you may cancel the Services before it takes effect without any early termination fee. If you keep using the Services after that date, the updated Terms will apply.

16Complaints, disputes and governing law

1. Contact us. Tell us about your complaint by email, phone or through the Portal. We will acknowledge it within 2 business days and aim to resolve it within 10 business days.
2. Escalate within WISP. If you are not happy with our response, ask for your complaint to be reviewed by a senior manager.
3. External help. If the issue is still not resolved, you may contact the National Information and Communications Technology Authority (NICTA) or the Independent Consumer and Competition Commission (ICCC).

These Terms are governed by the laws of Papua New Guinea, and the courts of Papua New Guinea have jurisdiction over any dispute.

17General

• Transfer. You may not transfer your account or Services to someone else without our consent. We may transfer our rights and obligations to another company, for example as part of a business sale, provided your rights are not reduced.
• Severability. If any part of these Terms is found to be invalid, the rest remains in force.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Notices. We may send notices to the email address, phone number or postal address in your account. You can send notices to us using the details below.
• Entire agreement. These Terms, your Plan, our Privacy Policy and any partner agreement are the whole agreement between us about the Services.

18Contact us