Fair Use Policy
- Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
- Our Fair Use Policy is intended to ensure:
a. the availability of Our Services to all eligible First Link Pty. Ltd. (First Link) Customers; and
b. that the Fair Use Services are not used in an unreasonable manner.
- We reserve the right to vary the terms of this Fair Use Policy from time to time.
- We may rely on the Fair Use Policy where Your usage of the Fair Use Services is unreasonable, as defined below.
- Unless otherwise indicated, capitalised terms used in this Fair Use Policy have the meanings given to them in Our Agreement with You.
- It is unreasonable use of a Fair Use Service where Your use of the service is reasonably considered by First Link to:
a. be fraudulent;
b. involve a non-ordinary use;
c. cause significant network congestion, disruption or otherwise adversely affect the First Link network, a supplier’s network; or
d. adversely affect another person’s use of or access to the Fair Use Services, the First Link network or a supplier’s network.
- Without limitation:
a. Fraudulent use includes resupplying or reselling a Service without First Link’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
b. Non-ordinary use includes circumstances where You make or receive calls and/or make use of the internet on Our network in any non-ordinary manner without obtaining Our written consent first, which consent We may give or withhold, or make subject to conditions, in Our discretion. Use in a non-ordinary manner includes:
i. in the case of fixed line services:
a. usage for running a telemarketing business or call centre; and
b. usage with handsets, auto-dialler devices or software or other equipment that have not been approved by Us for use on Our Network;
ii. in the case of mobile services, any use of a SIM in a SIM box, GSM gateway or any device that is used to automatically re-route calls;
iii. usage to menace, harass or injure any person or damage anything;
iv. usage in connection with an infringement or committing an offence against any law, standard or code; or
v. any other activity which would not be reasonably regarded as ordinary use in relation to the Fair Use Service.
- If We reasonably consider Your use of the Fair Use Services is unreasonable, We may, at Our sole discretion, without telling You before We do so:
a. suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
b. terminate the Service in accordance with Our Agreement with You.
- This policy is supplementary to and does not limit any of First Link's rights.