Our hours of operation are 9am - 5pm Monday to Friday Australian Eastern Standard Time
Terms and Conditions
This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service by Oghma Pty Ltd t/a Nelson Bay Online.
Provision of Service
Nelson Bay Online shall provide Customer with the Service. The Service shall be generally available 24 hours a day, seven days a week except for service maintenance times or other unforseen events. Unlimited time plan customers may be disconnected if other customers are waiting to connect. They may reconnect again after five minutes. Nelson Bay Online will provide Customer with a Login ID code, password, telephone number and other log-in information that is required to enable connection to the Service. Nelson Bay Online makes no warranties in relation to the service (including warranties as to performance or fitness for a purpose or otherwise); and excludes all liability in tort (including negligence), contract, statute or otherwise for any loss, damage, cost or expense (including loss of profits or anticipated savings, economic loss or any special, indirect or consequential damage), incurred by the Customer or a third party in connection with any act or omission by Nelson Bay Online under or in relation to this Agreement. Where the service is provided via wireless microwave, the service may be effected by the terrain, weather conditions, foliage, electronic interference eg microwave ovens, Bluetooth connected devices, other wireless LAN equipment or any other electronic devices. As the service operates in the unlicensed ISM band, there is no legal protection against this interference with the exception that it is illegal to provide Internet access without a Telecommunications Licence. Hence Nelson Bay Online cannot guarantee the acceptability or continuity of the service.
VoIP and Wireless Home Phone
Nelson Bay Online shall provide Customer with the Service. The Service shall be generally available 24 hours a day, seven days a week except for service maintenance times or other unforseen events. The service requires power at both the customers home and the transmission station to function, if access to Emergency or other numbers is required during this time it is the customers responsibility to ensure they have alternative means of making a call. While it may be possible to call Emergency numbers, the location of the caller may not be registered with the call centre and the customer may need to verify their location with emergency services in order to receive an appropriate response.
The charges for using the Service are detailed in this Agreement. Nelson Bay Online retains the right to alter these charges from time to time and Customer shall be given one month's written notice, or at the end of the contract period, by letter, facsimile or electronic mail, of any such alterations. Charges may vary in accordance with the amount of data transferred or alternative traffic may be limited to levels acceptable to Oghma Pty Ltd t/a Nelson Bay Online.
Customer agrees to pay the charges via credit card which shall be debited automatically with the registration fee, any hardware and the first months connection fee, with subsequent monthly connection fees at the beginning of each charge period and usage fees at the end of each charge period. Should this credit card number expire or should Nelson Bay Online otherwise be unable to debit valid charges to this credit card number, Nelson Bay Online may immediately and without notice withdraw Customer's access to the Service. Any penalty charges incurred, as a result of Nelson Bay Online processing an expired credit card shall be borne by the customer. If requested by the Customer Nelson Bay Online will send a Tax Invoice for the charges via email at no charge. A charge will be made for printed and posted invoices.
The Customer agrees to provide telephone line, modem, computer and software or hardware as appropriate and necessary to access the Service. The Customer agrees not to assign or otherwise transfer this Agreement or Customer's rights under it, delegate Customer's obligations or resell or share the Service.
The Customer is responsible for the selection and use of security features, non-disclosure of personal log-in information and back up of any information. Customer is responsible for all use of the Service accessed through Customer's password. Disclosure or loss of log-in information that incur charges or Service misuse is Customer's responsibility and should be reported to Nelson Bay Online as a matter of urgency.
The use of the Service is at Customer's sole risk and is entirely Customer's responsibility. Nelson Bay Online does not monitor or control the content and information accessed via the Service and Nelson Bay Online shall not be held responsible in any way for any content or information accessed via the Service.
In the event that Nelson Bay Online provides optional SPAM and/or virus filtering (additional charges may apply), the customer acknowledges that it is not possible to be 100% accurate with such filtering and the Customer accepts that inappropriate material may get through the filters and also legitimate material may be blocked.
The Customer will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, using the network to make unauthorised entry to any other machine accessible via the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and Usenet news postings.
The Customer agrees to refrain from mass posting of messages to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than, but not limited to, the above.
The Service will not be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws; and / or any unauthorised use of copyright material.
Certain Internet content may contain material, which the Customer may find inappropriate, offensive, inflammatory, or adult in nature. Nelson Bay Online does not endorse such materials and disclaims any and all liability for their contents.
The Customer hereby indemnifies Nelson Bay Online in respect to any loss or damage action claim suit or proceeding against Nelson Bay Online by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any illegal and / or fraudulent material.
The Customer indemnifies Nelson Bay Online against any cost, expense, liability loss or damage (including third party claims) arising out of: The use or attempted use by any person, including the Customer, of the Service. The reproduction, broadcast, use, transmission, communication or making available of any material (including data and information of any sort) by the Customer, using the Service. Any alleged breach of a person’s rights or defamation of a person involving use of the Service; or any breach of any warranty or other clause of this Agreement by the Customer. The Customer’s liability to Nelson Bay Online under the above indemnities is reduced to the extent that Nelson Bay Online’s loss, damage, liability or expense arises from, or is attributable to, any negligent act or omission or wilful misconduct on the part of Nelson Bay Online, Nelson Bay Online's officers, employees, contractors and agents. If the Customer breaches this Agreement it is liable to Nelson Bay Online for its costs (including all legal costs) in exercising its rights in relation to the breach.
This Agreement shall remain in place until it is terminated by either Customer or Nelson Bay Online by giving one month's written notice after the expiration of minimum contract period applicable to some plans. Nelson Bay Online reserves the right to terminate the Service without notice if the Customer misuses or abuses the Service or where the Customer’s network or equipment is being used or is suspected of being used by a third party for spamming, hacking, denial of service or any other action that is or may be detrimental to the Service or the network. What constitutes misuse or abuse of the Service is determined by Nelson Bay Online.
All notices to be served on either party be the other shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to the parties hereto at their respective addresses as specified on the Agreement form.
Help and Support
Nelson Bay Online will provide help and support during normal business hours. Any support which requires more than configuration changes, eg. removing viruses or the reinstallation of operating systems, will be charged at hourly rates. All support will be provided by Nelson Bay Online. If the customer directly contacts Telstra or other support organisation, where Nelson Bay Online incurs a charge as a result, these charges will be billed to the Customer at cost plus 10%.
Our Services include free technical support services in the commissioning of the Service(s). Once you have successfully connected to the Internet through us and/or gained the additional service(s) you have purchased from us, we have fulfilled our "free" support obligations to you. Additional support may be provided, but it would be at an additional cost to you in the event that the reported problem is due to faults in your software or hardware and is subject to fair and reasonable use. We cannot provide free support for faults that are outside our system.
If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of this agreement. The remaining terms and conditions remain in full force and effect.
This Agreement shall be governed by the laws in force in the New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State.
These Terms and Conditions and subject to change without notice. Last updated March 2011
If you wish to appoint an Authorised Representative to deal with Nelson Bay Online on your behalf, please complete the attached form.
When you appoint an Authorised Representative you are giving the person you appoint the authority to deal with us on your behalf as your agent. This means that the Authorised Representative has the power to act and access information as if they were you . This includes making complaints, changing account details or terminating a contract. You can of course specify limitations of your Authorised Representative’s rights.
Please note that only account holders can appoint an Authorised Representative. If you wish to appoint more than one Authorised Representative, please complete one Authorised Representative Form for each person you wish to appoint. You can appoint up to three Authorised Representatives.
For security reasons we require you to submit the completed Authorised Representative Form to us as a signed original and witnessed by one of the following persons below:
- A Justice of the Peace;
- An Accountant who is a member of the Australian Institute of Chartered Accountants, CPA Australia or the National Institute of Accountants with 2 or more years of continuous membership;
- A Solicitor or Barrister;
- A Police Officer;
- An agent in charge of, or a permanent employee (with 2 or more years of continuous service) of an Australia Post outlet;
- An officer with, or authorised representative of, a holder of an Australian Financial Services Licence, having 2 or more continuous years of service with one or more licensees;
- A Dentist;
- A Pharmacist;
- A Medical Practitioner;
- A Chiropractor or a Physiotherapist.
Please contact us on 02 4984 2088 if this proves too difficult or inconvenient for you, and we will work with you to find an alternative way of appointing an Authorised Representative.
Download an Appointment of Authorised Representative Form.
Nelson Bay Online has an automated electronic invocing and direct debit system which ensures invoicing and payments operate smoothly and regularly each month.
We will send you an electronic invoice via email in the first few days of each calendar month. It is due 14 days after issue, with automated direct debits being collected on our around the 15th of each month.
If payment isn't received by the due date a reminder or direct debit dishonour email will be sent to the customer. If an automated direct debit dishonour is rejected a direct debit administration fee may be applied. If payment still isn't received, a late payment administration fee may be applied.
You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process. We strive to solve any problems you may within 14 days. Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code).
We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first. We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge. If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution
If you wish to complain, please contact us:
- by phone on 02 4984 2088
- by email email@example.com
- by fax 02 4984 2099
You can appoint an authorised representative or advocate to make a complaint on your behalf. For help with how to appoint an authorised representative, please go to our appointing an authorised representative page.
We will acknowledge your complaint immediately if you complained in person or talked to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a message on our answering machine (e.g. outside our office hours).
When we acknowledge your complaint we will give you a unique reference number or similar to enable you to easily follow up on your complaint. We will also give you an indicative timeframe for resolving your complaint.
You can follow up your complaint by contacting us with the methods listed above and quoting your complaint's reference number.
Our goal is to always fix your problem ASAP.
Sometimes this is not possible and we need to investigate the matter. We will then agree with you on how to fix your problem (this may include waiving of fees or other commercial solutions) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this.
Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe.
If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution.
Once we agreed on how to fix your problem, we will implement all actions required to fix the issue within 10 working days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.
Your complaint will be treated as urgent :
- if you have applied for being in financial hardship under our Financial Hardship Policy and the issue you are complaining about directly contributes to the Financial Hardship you are experiencing, or
- if your service has been disconnected or is about to be disconnected and due process has not been followed, or
- if you are receiving Priority Assistance (e.g. because of a severe medical condition) for the service you are complaining about.
In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution
If you tell us that you are not satisfied with the complaint timeframes, its progress or the outcome or if you tell us your complaint ought to be treated as urgent, we will escalate your complaint internally. If you are still dissatisfied, we will inform you about your options for external dispute resolution.
We encourage you to always contact us first if you experience any problem or are unhappy. We will do our best to solve your problem during our first contact.
You can contact the TIO as follows:
Phone: 1 800 062 058
Fax: 1 800 630 614
The services of the TIO are free of charge.
We understands that sometimes unforeseen financial hardship may affect your ability to pay us for services you have used and we are committed to assisting you at such times.
We understand that financial hardship is about your inability to pay us rather than an unwillingness to do so. It can be either limited or long term in duration, and may come about due to a variety of factors or events, such as the loss of employment of you or a family member, a family breakdown, Illness including physical incapacity, hospitalisation, the mental illness of the consumer or a family member, a death in the family, natural disaster.
We provide a range of payment and service options to help in such situations, so if you have having a problem with paying your bill, or you wish to discuss options available to you to minimise your bill, call our Accounts on 02 8002 0900 between 9am - 5pm Monday to Friday Australian Eastern Standard Time.
Our staff are trained to be sensitive and empathetic and to act with understanding whilst managing the situation within business requirements. They are able to accept reasonable payment arrangements, taking into account your individual circumstances.
Please remember that the earlier you contact us, the better we can arrange for a way to manage your bills including negotiating a financial arrangement.
A financial arrangement is generally structured around a payment plan to help you repay the debt at a rate you can manage. When we agree on a financial arrangement we understand that repayments should be sufficient to cover expected future use of the service as well as providing continued reduction of debt at a reasonable level to ensure that you do not go further into debt under the arrangement.
To help us make an assessment we may need to ask you some questions about your financial hardship. We may also require documentation in support of the information you provide to us. Examples of this include a letter from your doctor if your hardship is due to illness, or a letter from a recognised financial counsellor indicating you have consulted them. If we will require such supporting information from you, we will advise you at the time we discuss your situation.
Once a payment arrangement has been made, if we have concerns about your financial situation, we may suspend or disconnect your service; however disconnection of your service is used only as a last resort, and we will endeavour to work with you to ensure this does not happen. Should your circumstance change at any time whilst on a payment plan, please contact us as soon as possible so we can reassess your situation.
Seeking assistance from a Financial Counsellor
If you are facing financial difficulty, you may wish to consider obtaining advice from a financial counsellor.
Financial counselling is a free service offered by community organisations, community legal centres and some government agencies.
You can talk to a financial counsellor anywhere in Australia by calling the Financial counselling hotline on 1800 007 007. This free hotline is open from 9.30am to 4pm Monday to Friday.
For standard Internet related connection support in setting up equipment over the phone, there is no charge.
If a technician is required on-site - a call out fee may be incurred @ $90+GST.
If a 3rd party technician is required on-site (i.e. Telstra, your IT guy) then those fees will be billed from the 3rd party.
Internet Plan with a specific data allowance
$40 with allowance of 5GB the data cost per MB = 0.8c (less than one cent)
$55 with allowance of 10GB the data cost per MB = 0.55c (less than one cent)
$66 with allowance of 25GB the data cost per MB = 0.264c (less than one cent) + Bonus off-peak data allowance of 20GB
$99 with allowance of 50GB the data cost per MB = 0.198c (less than one cent) + Bonus off-peak data allowance of 30GB
$50 with allowance of 200GB the data costs per MB approx. 1/40 of a cent, therefore 40MB of data costs 1 cent.
$60 with allowance of 500GB the data cost per MB approx 1/80 of a cent, therefore 80MB of data costs 1 cent.
All hardware we provide comes with the standard manufacturers warranty of 12 months.
The examples below provide a guideline to the amount of data used per service.
1 email (sent or received, text only) = 35KB
1 email (sent or received) with attachments = 350KB to 2MB
1 minute of connected game play = 1MB
1 social media post = 250KB
1 standard Web page = 180KB
1 app/game/song download = 4MB - 10MB
1 minute of streaming music = 1MB
1 minute of streaming video (standard) = 3MB
1MB = 1,000KB
1GB = 1,000MB
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