Terms of Service

Way South Pty Ltd — ABN 92 691 531 647
Last updated: 1 May 2026

About These Terms

These terms of service (“Terms”) govern your relationship with Way South Pty Ltd (“Way South”, “we”, “us”, “our”) and apply to all services we supply, including Fixed Wireless broadband, nbn residential, nbn business, and mobile plans.

By activating a service with us, you agree to be bound by these Terms, together with any service-specific policies that apply to your service type. Where a conflict exists between these Terms and a service-specific policy, the service-specific policy will prevail to the extent of the inconsistency.

Way South Pty Ltd is a licensed telecommunications carrier (no. 648) operating under a Carrier Licence issued by the Australian Communications and Media Authority (ACMA) pursuant to the Telecommunications Act 1997 (Cth). We are also bound by the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) and other applicable Commonwealth and Tasmanian legislation.

These Terms are governed by the laws of Tasmania and the Commonwealth of Australia.

Definitions

“Way South” means Way South Pty Ltd (ABN 92 691 531 647).

“Customer” means the person or entity named on the account, as specified in the initial service order or as subsequently updated.

“Service” means access to the internet and/or the Way South network, including associated equipment, resources, and communications facilities supplied by us.

“Premises” means the location at which the Customer has requested the Service to be provisioned.

“Equipment” means any hardware supplied by Way South in connection with the Service, including network and Customer Premises Equipment (CPE). See our Fixed Wireless Service Policy for further detail on CPE ownership.

“Agreement” means these Terms together with your service order, any applicable service-specific policy, and our Payment Policy, Privacy Policy, and Financial Hardship Policy.

Premises Access

We may require access to your Premises to install, maintain, repair, or recover equipment in connection with your Service. You agree to provide us with safe and reasonable access when required.

If you are not the owner of the Premises, you must obtain the owner’s permission before we commence any works. If permission is refused or withdrawn, you must notify us before works begin. You agree to indemnify Way South, its employees, and contractors against any claim or cost arising from our access to the Premises at your request.

Service Connection

Services will be connected as soon as reasonably practicable. We are not liable for delays in connection or for any inability to supply the Service where this is outside our reasonable control.

Charges for your Service are payable from the date of service connection. We determine the technical means of service delivery and reserve the right to change the infrastructure used to deliver your Service, provided the performance of your Service is not adversely affected.

Requests to Alter Installation

If, on the day of a scheduled installation, you cancel or place limitations on the works — whether before or during the installation — Way South reserves the right to charge the full installation fee. Limitations may include, but are not limited to, restrictions on mast height, mast location, or which structure equipment is mounted on. Such limitations may result in an unsuccessful installation where our connection quality standards cannot be met. Any requested limitations will be escalated by our installers to our customer service team for review.

Service Interception and Testing

You authorise Way South to scan, test, access, and conduct work on your network connection, equipment, or IP address range allocated to your Service for the purposes of security, compliance, and service quality. We may monitor communications over your Service to the extent permitted by law, including for the purpose of complying with requests from law enforcement or other relevant authorities.

Equipment

Equipment supplied by Way South to connect your Service remains our property unless it has been purchased outright by you or ownership has transferred under a completed lease or payment arrangement. Way South retains ownership of all network equipment brought onto the Premises during and after any contract period.

You must maintain the Equipment in a suitable environment with a stable power supply. You are liable for loss or damage to Way South equipment — beyond fair wear and tear — from the time it is installed or delivered. You must not sell, lend, remove, or otherwise deal with Way South equipment without our written approval.

Way South, its employees, or contractors must be granted access to recover Equipment after your Service has ceased. See our Fixed Wireless Service Policy for further detail on CPE, leased routers, and equipment recovery following suspension.

You are responsible for the supply, operation, maintenance, and security of your own equipment. All equipment you use in connection with the Service must comply with applicable Australian laws and technical standards as determined by relevant regulatory bodies.

If you purchase incorrect equipment from us, it may be exchanged within seven (7) days of delivery, provided it is returned undamaged, complete, and in its original packaging.

Service Maintenance and Quality

We cannot guarantee a continuous or fault-free Service, but we endeavour to provide one. We conduct periodic maintenance, testing, updates, and repairs to our network and equipment. This may cause temporary service disruptions. We will use our best endeavours to minimise disruption and to conduct works outside normal business hours where possible, and will endeavour to notify customers of any planned outages in advance.

If you report a fault, please first check whether the issue is caused by your own equipment. If a Way South representative attends your Premises and no fault is found, or the fault is reasonably determined to have been caused by your equipment or a negligent act on your part, we may charge a call-out fee.

Payments and Billing

All upfront costs, monthly charges, and additional fees are set out in our Service Plans or in the terms of an advertised product. Payment must be made in accordance with the terms set out in your invoice.

If you breach these Terms through negligence, fraud, or recklessness, and this results in us needing to service, repair, or replace Equipment, we may charge you an additional fee. This includes damage caused by electrical surges or power failures attributable to your acts or omissions.

You agree to provide us with valid and current billing information at all times. Any costs we incur in recovering overdue payments will be charged to you. If payment is not made, we may suspend or cancel your Service until the outstanding amount is paid.

If you are experiencing difficulty paying your bill, please contact us as soon as possible.

Full details of accepted payment methods, due dates, direct debit and card payment terms, dishonour fees, and billing procedures are set out in our Payment Policy, which applies to all Way South services including Fixed Wireless, nbn, and mobile plans.

Service Alterations, Cancellations, and Suspensions

Alterations

Changes to your Service, its delivery, or capacity may involve different charges, applied in accordance with our current advertised Service Plans.

Cancellation by Way South

We may cancel your Service without liability by:

1. Giving you thirty (30) days’ notice where no fixed contract term applies
2. Giving thirty (30) days’ notice after your contract term expires or within the thirty days preceding its end date
3. Immediate cancellation where it becomes technically or operationally infeasible to supply the Service to you

Cancellation by You

You may cancel your Service without liability by:

1. Giving thirty (30) days’ notice where no fixed contract term applies
2. Giving thirty (30) days’ notice at any time after your contract term expires
3. Immediate cancellation if Way South has materially breached the Agreement and has not remedied that breach within thirty (30) days of receiving written notice from you
4. Cancellation during a contract term by paying the applicable cancellation fee as specified in your service order

Suspension

We may suspend your Service, without liability to you, for reasons including but not limited to:

• Failure to pay an invoice by the due date after seven (7) days’ notice
• You being considered an unacceptably high credit risk
• Breach of these Terms or the Agreement
• Fraud or reasonably suspected illegal activity in connection with the Service
• A threat to the security or quality of the Way South network
• Unauthorised on-sale of the Service to a third party
• Insolvency, dissolution of a partnership, or cessation of business
• A legal or regulatory requirement to do so
• An emergency situation or force majeure event
• A supplier ceasing to provide services to us without an available alternative

Following suspension, Way South may cancel the Service for any of the above reasons. We will endeavour to provide as much notice as reasonably possible.

Reconnection of a cancelled Service will require payment of a reconnection fee, unless the cancellation was caused by our breach.

You remain liable for all charges accrued prior to cancellation. If your Service is cancelled during a contract term due to your conduct or default, a cancellation fee applies.

Any credit on your account at the time of cancellation will be refunded in accordance with our Payment Policy. Merchant fees may apply to refunds processed to a card.

Upon cancellation, Way South must be granted immediate access to the Premises to recover its Equipment.

Our Liability

Consumer Guarantees

We supply the Service subject to the non-excludable consumer guarantees in the Australian Consumer Law. Nothing in these Terms limits any right you have under that legislation.

Limitation of Liability

Where we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited to:

• In relation to Equipment: repair or replacement of the equipment, or payment of the cost of doing so
• In relation to the Service: re-supply of the Service, or payment of the cost of having it re-supplied

These limitations do not apply to breaches relating to title, undisturbed possession, personal injury, death, or damage to tangible property of a kind ordinarily used for personal, domestic, or household purposes.

Service Interruptions

We may offer a refund or rebate for service interruptions where specified in the relevant Service Description. You may also be entitled to compensation under the Australian Consumer Law for reasonably foreseeable loss caused by our breach of a consumer guarantee.

Rebates do not apply to interruptions caused by suspension or cancellation, faults attributable to your equipment, your own acts or omissions, or scheduled maintenance.

Consequential Loss

We exclude liability for consequential loss — including loss of revenue, loss of data, loss of opportunity, and loss of profits — except to the extent you are entitled to recover such loss under the Australian Consumer Law.

Force Majeure

We are not liable for failing to meet our obligations where a Force Majeure Event prevents us from doing so. Force Majeure Events include power failures, natural disasters, fire, flood, storm, war, labour disputes, changes in law or regulation, acts or omissions of third parties, and equipment failures outside our reasonable control.

Your Liability

Joint Customers

Where two or more persons hold an account jointly, each is individually and jointly responsible for all charges and obligations under the Agreement.

Indemnity

You agree to indemnify Way South against any loss, damage, cost, or liability (excluding consequential loss) arising from your use of the Service or from a breach of these Terms by you or any person using the Service with your express or implied permission.

Third-Party Users

You are responsible for ensuring that anyone you permit to use the Service complies with these Terms as if they were the Customer.

Acceptable Use

You must not use the Service:

• For any unlawful purpose
• To infringe the intellectual property rights of others, including through illegal downloading or file sharing in breach of the Copyright Act 1968 (Cth)
• To transmit unsolicited communications (spam)
• To interfere with the Way South network or other customers’ services
• To resell or on-supply the Service to a third party without our written authorisation
• In any way that places unreasonable load on our shared network infrastructure

Breach of this clause may result in suspension or cancellation of your Service and, where warranted, referral to relevant authorities.

IP Addresses

Where you are allocated public IP address space as part of your Service, you must comply with the requirements of the relevant Australian regulatory body. We do not control IP address allocation and are not liable if a regulatory body requires us to change, withdraw, or reallocate addresses. Your right to use any allocated IP addresses ceases upon cancellation of your Service.

Intellectual Property

Way South is our trading name and trademark. You must not use it without our written permission.

Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

Complaints and Dispute Resolution

If you have a complaint, please contact us in the first instance. We aim to resolve all complaints promptly and fairly. If we are unable to resolve your complaint, you may refer it to the Telecommunications Industry Ombudsman (TIO) at tio.com.au.

Related Policies

These Terms should be read alongside:

• Fixed Wireless Service Policy
• Payment Policy
• Privacy Policy

Contact us

If you have any questions, we’re happy to help.

1300 247 065 or email support@waysouth.com.au

We’re a locally owned team based right here in Wynyard, Tasmania.