Hardware Terms & Conditions

These Hardware Terms and Conditions (Agreement) are entered into between Liva Telecom (ABN 32 621 849 518) and the customer purchasing hardware equipment from Liva Telecom (Customer) in connection with internet and data services. This Agreement forms part of, and is subject to, Liva Telecom’s Standard Form of Agreement.

1. Hardware Options

1.1 Available Hardware

Liva Telecom offers the following hardware options in connection with internet services:

a. NetComm Wireless modem/router/mesh devices

b. Bring Your Own (BYO) modem/router

(together, the Hardware).

2. General Conditions

2.1 Purchase Terms

When the Customer purchases Hardware from Liva Telecom:

a. Risk in the Hardware passes to the Customer upon delivery. Ownership transfers once full payment has been received.

b. Liva Telecom may remotely update Hardware software to improve performance, security, or network compatibility. Any applicable costs will be communicated in advance where required.

3. Billing

3.1 Upfront Charges

Hardware purchases are billed upfront and separately from any recurring service charges.

3.2 Payment Arrangements

Repayment or instalment options may be offered at LIVA Telecom’s sole discretion.

3.3 Equipment, Postage and NTD Changes

Selected modem/router options start from $69. Prices vary by model, plan compatibility and selected equipment. The final equipment price is displayed during checkout.

$20 postage applies to the modem.

Where an nbn®-funded NTD upgrade is included with an eligible 2000 Mbps order, no NTD upgrade charge applies. Other optional NTD changes may cost up to $100. Contact our support team to confirm availability and applicable charges before requesting an NTD change.

4. Setup Responsibility

The Customer is responsible for setting up their BYO modem. At the Customer’s request, Liva Telecom may assist with setup at its discretion.

5. Warranty

5.1 Warranty Coverage

In addition to rights under the Australian Consumer Law (see section 6), the Hardware (including supplied cables, power cords and accessories) is covered against defects in workmanship and materials for the following periods (Warranty Period):

a. NetComm devices – 24 months from purchase

5.2 Warranty Exclusions

The warranty does not apply where defects or damage result from:

a. Normal wear and tear not arising from defect in workmanship or materials.

b. Hardware used with goods or services not supplied by Liva Telecom

c. Misuse, abuse, negligence, accident or improper maintenance

d. Unauthorised modifications or use contrary to Liva Telecom instructions

e. External events beyond Liva Telecom’s control (example fire, flood or power surges)

Nothing in this clause limits the Customer’s rights under the Australian Consumer Law.

5.3 Warranty Claims

To make a warranty claim, contact Liva Telecom’s customer support team on 1300 345 148.

6. Australian Consumer Law

6.1 Statutory Guarantees

The benefits provided under these Terms are in addition to rights and remedies available under law.

The Hardware comes with guarantees that cannot be excluded under the Australian Consumer Law. Customers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

For further information, visit www.accc.gov.au.

7. Replacement of Faulty Hardware

7.1 In-Warranty Replacements

Where Hardware is within the Warranty Period and not subject to a Warranty Exclusion:

a. LIVA Telecom will provide replacement Hardware and return instructions

b. Replacements will be like-for-like, subject to availability

c. Refurbished units may be supplied

d. The Customer is responsible for securely packaging returned Hardware

e. If faulty Hardware is not returned within 30 business days, replacement costs may be charged

7.2 Out-of-Warranty

Where faults fall outside warranty coverage or the Warranty Period, the Customer is responsible for replacement and freight costs, subject to Australian Consumer Law obligations.

8. Non-Faulty Returns

For non-faulty Hardware returns:

a. Returns must be made within 10 business days of purchase

b. LIVA Telecom must be notified prior to return

c. Hardware must be securely packaged by the customer; LIVA Telecom is not responsible for any damages occurred during the transit.

d. Refunds or credits are issued after inspection and testing

e. Exchanges are not offered for non-faulty items

9. Limitation of Liability

9.1 Consumer Law

Nothing in this Agreement excludes or limits rights under the Australian Consumer Law.

9.2 Exclusions

Except as required by law, no warranties are given regarding Hardware performance, availability, or suitability for a particular purpose.

9.3 Liability Scope

LIVA Telecom is liable only for:

a. Liability that cannot be excluded by law including under the Australian Consumer Law.

b. Damage or loss that results from our breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct in connection with the Hardware, but not to the extent that it:

a. is caused by you,

b. results from your failure to take reasonable steps to avoid or minimise your loss or damage, or

c. is consequential loss (including but not limited to loss of profits).

9.4 Limitation for Consumer Guarantees

If we are permitted to limit our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law, then we limit our liability for such a failure to repairing or replacing the Hardware or the payment of the cost of having the Hardware repaired or replaced, provided that it is fair and reasonable for us to do so.

9.5 Customer Liability

You are liable to us in respect of loss or damage that results from your breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct in connection with your use of the Hardware but not to the extent that it:

a. is caused by us,

b. results from our failure to take reasonable steps to avoid or minimise our loss or damage, or

c. is consequential loss (including but not limited to loss of profits).

9.6 Liability Cap

To the extent permitted by law, a party’s total aggregate liability to the other for any loss or damage that does not arise from the Australian Consumer Law, a breach of contract, negligence, fraud, unlawful conduct, criminal conduct or wilful misconduct is limited to the greater of price paid for the Hardware or $1000.

9.7 Survival

This clause 9 survives termination of any agreement under which the Hardware is supplied to you.

10. Privacy and Data Usage

10.1 TR-69 Remote Management

The Customer acknowledges and agrees that the Hardware may be remotely managed using the TR-69 protocol. TR-69 may collect device configuration, performance, and diagnostic data, including but not limited to IP addresses, MAC addresses, serial numbers, firmware versions, and connectivity statistics. This data will be collected, stored, and used solely for the purposes of remote management, maintenance, and troubleshooting of the Hardware in accordance with LIVA Telecom’s Privacy Policy. TR-69 will not access customer passwords, browsing content, or application data.

10.2 Data Collection

The Customer acknowledges and agrees that LIVA Telecom may collect, store, and use certain data related to the use of the Hardware, including but not limited to IP addresses and Hardware serial numbers. Such data collection shall be conducted in accordance with LIVA Telecom's Privacy Policy, available at www.livatelecom.com.au/compliance.

10.3 Consent

By purchasing and using the Hardware, the Customer consents to the collection, storage, and use of their data as described in the Privacy Policy. LIVA Telecom shall take reasonable measures to protect the confidentiality and security of customer data in accordance with applicable laws and regulations.

10.4 Policy Updates

The Privacy Policy may be updated from time to time, and Customer agree to review it periodically for any changes or updates. You can check the privacy policy from LIVA Telecom's website (www.livatelecom.com.au).

11. Intellectual Property

11.1 Ownership

Nothing in this Agreement transfers intellectual property rights. All IP rights remain with Liva Telecom or its licensors.

11.2 Embedded Software

Hardware may contain licensed third-party software. Ownership of the IP Rights in Embedded Software does not transfer to the Customer and use is subject to licence terms.

11.3 Licence to Use

Liva Telecom grants the Customer a non-exclusive right to possess and use the Hardware for its intended purpose.

12. Severability

12.1 Reading Down

If one or more parts of this Agreement could be read in a way which is illegal, unenforceable, or invalid, but can also be read in a way that makes it legal, enforceable and valid, then the clause is to be read in the way that makes it legal, enforceable and valid.

12.2 Severance

If one or more parts of the Agreement are illegal, unenforceable, or invalid, then that part will be severed from the Agreement without affecting the legality, enforceability and validity of any other part of the Agreement.

13. General

13.1 This Agreement is governed by and construed in accordance with the laws of the State of Western Australia.

13.2 This Agreement (together with any documents referred to in this Agreement including any third party warranty information or End User Licence Agreement) constitutes the entire agreement between the parties concerning the Hardware Equipment and supersedes all prior or concurrent agreements or understandings.

13.3 Any modifications or amendments to this Agreement must be made in writing.

14. Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Consequential Loss means loss of profit, revenue, goodwill, or indirect loss.

IP Rights means all intellectual property rights whether registered or unregistered.