10Conditions for the supply of an interim service by an NBN CSP

10 Conditions for the supply of an interim service by an NBN CSP

(1) Where the requirement to supply an interim service under subsection 9(1) applies:
(a) the amount payable by a consumer to the NBN CSP for the supply of the interim service must not exceed the monthly fee applicable to the lowest speed tier plan offered by the NBN CSP; and
(b) when the interim service ceases to be supplied, the costs of returning any equipment used in the supply of the interim service must be borne by the NBN CSP.

Note: An NBN CSP may provide a refund or credit to a consumer in the subsequent billing period in order to satisfy the requirement in paragraph (b).

(2) If a consumer advises an NBN CSP that the interim service supplied by the NBN CSP is not performing as reasonably expected, having regard to the features and limitations of the interim service disclosed to the consumer by the NBN CSP, the NBN CSP must take all reasonable steps to improve the performance of the interim service to the reasonable satisfaction of the consumer.
Note: Under paragraph 11(b), before obtaining a consumer’s consent to supply an interim service, the NBN CSP must advise the consumer of the details of the key features and limitations of the interim service.
(3) If the performance of the interim service cannot be improved to the reasonable satisfaction of the consumer, the NBN CSP must use its best endeavours to negotiate an alternative arrangement with the consumer.

(4) If an NBN CSP and a consumer agree on an alternative arrangement under subsection (3), the requirement to supply an interim service under subsection 9(1) no longer applies to the NBN CSP.