1.1. Operator
These Terms and Conditions of Use (“Terms”) govern the use of the website located at www.fibremax.au (the “Website”) and the telecommunications and internet services (the “Services”) provided by MaxoTech Pty Ltd (ABN 20159147430) trading as FibreMax® (“FibreMax®,” “we,” “us,” or “our”). Our registered office is located at u218/396 Scarborough Beach Rd, Osborne Park WA 6017, and our main contact number is 1800 880 881.
1.2. Acceptance
By accessing or using our Website or Services, you confirm you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease use of our Website or Services immediately.
1.3. Changes
We may update these Terms at our discretion by posting a revised version on our Website. Any changes take effect immediately upon publication. We will take reasonable steps to notify you of material changes.
2. Related Policies
Your use of our Services is also subject to the following documents, which are incorporated by reference into these Terms:
If there is any conflict between these Terms and another policy, the more specific or protective provision generally applies.
3. Subscription and Account Registration
3.1. Subscription
To access our broadband or telecommunication Services, you must purchase a subscription (“Subscription”) via our Website or by other approved means and pay any associated fees.
3.2. Account Creation
After purchasing a Subscription, you will need to register an account (“Account”). You agree to provide accurate personal information (e.g., name, email, phone number) and to keep it up to date.
3.3. Age Requirement
You must be of legal age to form a binding contract under Australian law and not be barred from receiving services under any applicable laws.
4. Your Obligations
4.1. Account Security
You are responsible for maintaining the confidentiality of your Account login details. Any unauthorized use of your Account must be reported to us immediately.
4.2. Compliance
You agree to comply with these Terms, our Acceptable Use Policy, Fair Use Policy, and all applicable laws. You are also responsible for any user under your Account complying with the same.
5. Payment
5.1. Fees
All fees (including subscription fees and usage-based charges) are payable in accordance with our Payment Terms & Direct Debit Authorisation.
5.2. Fee Changes
We may revise fees at the end of a billing cycle. We will notify you of any fee changes before they take effect.
6. Refund Policy
We will only provide refunds if we can no longer deliver the Services or if, at our discretion, a refund is warranted in the circumstances. Any refund will be proportional to any unused portion of your subscription fee.
7. Intellectual Property
7.1. Ownership
All content on our Website and related Services is owned or licensed by FibreMax® or its licensors.
7.2. Trademarks
FibreMax® and “Double your Speed for Nothing” are trademarks owned by MaxoTech Pty Ltd. Other product and company names mentioned may be trademarks of their respective owners.
7.3. License
We grant you a limited, non-exclusive, non-transferable license to access and use our Website and Services for personal or internal business purposes only.
8. Privacy
Your privacy is important to us. Any personal information collected through your use of the Services is handled in accordance with our Privacy Policy.
9. Disclaimers and Liability
9.1. Consumer Guarantees
Nothing in these Terms excludes any non-excludable rights or remedies you have under Australian Consumer Law.
9.2. As-Is Services
Services are provided “as is” and “as available.” We make no warranties about reliability or suitability for a particular purpose.
9.3. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, or consequential damages, including lost profits or data. Our maximum aggregate liability is capped at the total fees paid by you in the preceding 6 months.
10. Termination
10.1. By You
You may terminate your subscription by giving us 30 days’ written notice and paying any outstanding fees.
10.2. By Us
We may suspend or terminate your account immediately if you breach these Terms or if continued service is not commercially viable.
10.3. Consequences
Termination does not affect any rights or obligations that arose before termination.
11. Indemnity
You agree to indemnify and hold FibreMax® harmless from any claims, damages, liabilities, or expenses arising out of your breach of these Terms or misuse of the Services.
12. Dispute Resolution
12.1. Internal Resolution
If you have a dispute, please contact us at 1800 880 881 or accounts@fibremax.au.
12.2. Escalation
Unresolved disputes may be referred to mediation or to the Telecommunications Industry Ombudsman (TIO).
12.3. Governing Law
These Terms are governed by the laws of Western Australia, and any disputes will be heard in that jurisdiction.
13. General
13.1. Severability
If any part of these Terms is invalid, the remaining provisions remain enforceable.
13.2. Entire Agreement
These Terms, together with our other policies, constitute the entire agreement between you and FibreMax®.
Acceptable Use Policy
1. Purpose
This Acceptable Use Policy (“AUP”) outlines permissible and prohibited uses of our telecommunications and internet services (“Services”). It is incorporated into the Terms and Conditions of Use by reference.
2. Prohibited Activities
2.1. Illegal or Harmful Use
You must not use the Services to engage in any activity that is unlawful under Australian law or that may harm our network or other users.
2.2. Security Violations
You must not attempt to gain unauthorized access to any systems or networks or disrupt network security (e.g., distribution of malware, denial-of-service attacks, hacking).
2.3. Spam and Abuse
You must comply with the Spam Act 2003 (Cth). Sending unsolicited bulk messages or spam is strictly prohibited.
2.4. Copyright Infringement
Unauthorized sharing or distribution of copyrighted materials is prohibited.
3. Security Responsibilities
3.1. Account Security
You must safeguard your login credentials and promptly inform us of any unauthorized use.
3.2. Software Updates
We encourage you to use up-to-date antivirus software and security patches.
4. Monitoring and Enforcement
We reserve the right to monitor traffic and usage, and to suspend or terminate accounts that violate this AUP.
5. Revisions
We may update this AUP periodically. Your continued use of the Services constitutes acceptance of any changes.
Fair Use Policy
1. Introduction
This Fair Use Policy is part of our commitment to ensuring all FibreMax® customers can enjoy reliable and efficient Services.
2. Unreasonable Use
2.1. Scope
Unreasonable use may include:
Telemarketing or call-center operations using consumer-grade plans
Excessive bandwidth usage that degrades the network for others
Using multiple short-duration calls or automated call patterns inconsistent with normal usage
3. Monitoring and Enforcement
3.1. Traffic Management
We reserve the right to implement traffic management measures (e.g., throttling or shaping) if your usage affects other customers.
3.2. Suspension
If we reasonably believe your usage violates this Fair Use Policy, we may suspend or terminate your Service.
4. Amendments
We may revise this policy from time to time. Changes become effective upon posting on our Website.
Payment Terms & Direct Debit Authorisation
1. Introduction
These Payment Terms govern billing, payments, and direct debit authorisations for all Services provided by FibreMax®. They form part of our Terms and Conditions of Use.
2. Payment Obligations
2.1. Fees
You agree to pay all applicable fees, including subscription fees, usage charges, and one-off charges, in advance or as specified in your service schedule.
2.2. Other Charges
Certain additional fees may apply, such as new development fees, transfer fees, or missed appointment fees. See your plan’s specific schedule for details.
3. Direct Debit
3.1. Authorisation
By providing your bank or credit card details, you authorize Ezidebit Pty Ltd (ACN 096 902 813) to debit your account for amounts due. “Ezidebit or FibreMax®” will appear on your statement.
3.2. Failed Payments
A returned or declined payment may incur a fee. You are responsible for any costs incurred by your financial institution.
4. Fee Schedules
4.1. NBN Services
flexiMAX 25–100Mbps: $10/month if used (unlimited usage thereafter)
Transfer (churn) fee: $9.95
New Development fee: $300
Incorrect fault callout (Carrier’s network is fine): $199
Late cancellation or missed appointment: $99
Order withdrawal: $99
4.2. FibreMAX®fone
1300 calls: $0.39/call
Professional voice artist: $85/hour
Additional network installations: $70/hour
5. Variations
We may adjust fees and charges in accordance with the Terms and Conditions of Use. Notice will be provided before new fees take effect.
6. Disputes
If you have a billing dispute, contact us at 1800 880 881 or accounts@fibremax.au. We aim to resolve issues promptly.
Financial Hardship Assistance
1. Purpose
We understand that unexpected events can cause financial hardship. This Policy outlines how you can seek help if you’re struggling to pay your FibreMax® bills.
2. What is Financial Hardship?
2.1. Definition
Financial Hardship refers to situations where you cannot meet your financial commitments due to circumstances like unemployment, illness, or family crises.
3. Applying for Assistance
3.1. Contact Us
If you need help, please reach out to us at 1800 880 881 or accounts@fibremax.au.
3.2. Evidence
We may request supporting documentation to assess your claim (e.g., medical certificates, termination letters).
4. Possible Arrangements
We may offer flexible payment plans, temporary service downgrades, or fee waivers in certain cases. Each request is assessed individually.
5. Dispute Resolution
If you are unsatisfied with our decision, you may request an internal review or contact external bodies like the Telecommunications Industry Ombudsman.
Privacy Policy
1. Our Commitment
We respect your privacy and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
2. Collection of Personal Information
We collect personal details such as name, address, and payment information to provide Services and communicate with you.
3. Use and Disclosure
3.1. Primary Use
Your information is used to supply and manage your FibreMax® Services, process payments, and inform you about service changes or offers.
3.2. Third Parties
We may disclose personal information to staff, contractors, or service providers as necessary. We may also disclose it if required by law.
4. Data Security
We use physical, electronic, and managerial safeguards to protect your information. However, no data transmission can be guaranteed 100% secure.
5. Access and Complaints
You may request access to your personal information or lodge a privacy complaint by emailing privacy@fibremax.au. We will respond within a reasonable timeframe.
6. Changes
We may update this Privacy Policy periodically. Updates take effect when posted on our Website or otherwise communicated to you.
Contact and Further Information
Registered Office: u218/396 Scarborough Beach Rd, Osborne Park WA 6017
Phone: 1800 880 881
General Inquiries: accounts@fibremax.au
Privacy Inquiries: privacy@fibremax.au
Thank you for choosing FibreMax®. If you have questions or concerns about any of these policies, please contact us. We’re here to help!
