Business Terms

The IT Dept Pty Ltd, trading as Underlay Networks. ABN 12 665 405 505

1. Buying for your business

These terms apply when your business buys Underlay services for its own operations. Underlay is your supplier and supports your authorised contacts directly. Buying your own internet, phones, private network, transit, colocation or engineering does not require you to become a reseller. Services bought for resale use our Wholesale Terms; a mixed account must identify the customer capacity for each Order.

Australian Consumer Law and applicable telecommunications protections can cover business customers. Calling a service “business” or “wholesale” does not remove rights that apply by law. Nothing in an Order, these terms or a policy excludes those rights, guarantees or remedies.

2. Your agreement and Order

We supply the services in the written quote or order that you and we accept (Order). Before acceptance, the Order must identify the service and delivery point, addresses, scope, recurring and one-off charges, GST treatment, usage charging, equipment, billing start, term, cancellation notice, any early termination amount or calculation, and any third-party commitments. It must also identify the applicable document version and any agreed changes.

The Order must include any Critical Information Summary and nbn Key Facts Sheet required for the offer before you consent. A quotation or wholesale rate card is not a substitute for a required disclosure. We will explain significant limitations and suitability issues before you commit, including emergency-call dependencies for voice and any unsupported medical, security or other specialist equipment.

If documents conflict, the Order applies first, then the Service Schedules, then these terms. An Order must expressly identify a departure from a standard term. Mandatory customer protections and non-excludable rights apply throughout. Our Acceptable Use Policy, Service Levels, Privacy Policy and applicable assistance and safety policies also apply.

3. Delivery and billing

For standard direct-business nbn and voice plans, billing is monthly in advance, the service is month-to-month, and cancellation takes effect at the end of the paid billing month. Standard direct nbn plans include unlimited data. Underlay does not charge an early termination fee on these plans. Any separately agreed third-party commitment must be disclosed before you order. Charges for voice usage and excluded destinations follow the plan and Order. Other infrastructure and project services use the billing and term stated in their Order.

We confirm availability and qualification before accepting an Order. Third-party delivery dates and appointments can affect installation; we will communicate material changes. Billing starts when the agreed service is ready for use, as specified in the Order. Testing or acceptance does not waive a defect, legal guarantee or remedy.

You pay the agreed charges by the invoice due date. Any variable project or third-party charge must have an agreed basis before you commit. We will explain proposed extra work and obtain your agreement to its scope and charges. Ordinary investigation and support within our service boundary is included.

If a charge is disputed, contact us. We investigate and correct errors. Pay undisputed charges, subject to any payment-assistance arrangement. We will not pursue the genuinely disputed part while a complaint about it is being investigated under applicable complaint protections.

4. Your responsibilities

Provide accurate order and service-address information, keep authorised contacts current, arrange agreed site access, and protect your equipment and credentials. Use the service lawfully. You manage your own LAN, devices, backups and internal user support unless the Order includes those tasks. These responsibilities do not transfer our obligation to supply and support the agreed service to you.

Tell us if your business requires diverse connectivity, backup power, continuity arrangements or support outside ordinary hours so those requirements can be designed and quoted explicitly. Two services are not necessarily physically diverse.

5. Support and service quality

Contact hello@underlay.au or 02 4398 7080. Ordinary support is 9am to 5pm Sydney time, Monday to Friday, excluding NSW public holidays. Emergency Underlay network faults can be reported by phone 24 hours a day, 7 days a week. Individual service faults and work outside that emergency scope follow the Service Levels or your agreed support arrangement.

We supply services with reasonable care and skill and investigate faults within our responsibility. Where a third-party component is involved, we coordinate the escalation. An absence of a contractual service-credit table does not remove a remedy available under law.

6. Payment assistance and safety

If paying is difficult, contact us early. Our Payment Assistance Policy explains free short-term and long-term help for eligible customers. We prioritise keeping you connected and apply required protections before collection, restriction or disconnection.

Our Customer Safety Statement explains how to ask for support relating to domestic, family or sexual violence and agree safe contact arrangements. Tell us about safety needs using a safe device or contact channel where possible.

7. Changes and ending a service

There is no minimum service count and no Underlay setup fee. Any third-party installation, cross-connect or port-rejection charge, minimum term, notice period or other commitment must be disclosed in the Order. You may request a change or cancellation through our contact channels. We will confirm its effective date and any agreed, lawful charge before proceeding.

We will not retrospectively change charges or silently replace an accepted agreement by updating this website. Material changes to an existing service require your agreement, except changes required by law or urgent changes reasonably necessary for safety or security. We will explain those changes, minimise their impact and preserve any cancellation or other right required by law.

Either party may end a service for a material breach after written notice and a reasonable opportunity to fix it, unless the breach cannot be remedied or law requires immediate action. If we withdraw an ongoing service for commercial reasons, we will give reasonable notice, assist a practical transition and refund unused prepaid charges. We will not charge you an early termination fee for our withdrawal or a cancellation remedy you are entitled to exercise by law.

8. Restriction and suspension

We may take proportionate action where reasonably necessary for an active security threat, serious abuse, a legal requirement or serious non-payment. We will give reasons and reasonable notice and consider a less disruptive option wherever possible; urgent action may precede notice. We limit action to affected services where practicable and restore service when its cause is addressed. Mandatory emergency-calling, complaint, payment-assistance and customer-safety protections take precedence.

9. Responsibility and remedies

Each party is responsible for loss to the extent caused by its acts or omissions, subject to applicable law. We do not impose a blanket exclusion of liability for negligence, fraudulent traffic or third-party work we arrange. Any specifically negotiated limit must be stated in the Order and cannot exclude rights or remedies that cannot lawfully be excluded. Both parties must take reasonable steps to avoid preventable loss.

10. Complaints and notices

Our Complaints Policy explains free complaint handling, deadlines and external options. Internal discussion is not a condition that prevents you exercising a statutory right or seeking urgent relief. Australian law applies.

Send notices to hello@underlay.au or The IT Dept Pty Ltd, Underlay Networks, 40 Woolana Ave, Budgewoi NSW 2262. We send account notices to your authorised contact, subject to any safe-contact arrangement. Keep those details current.

Last updated 1 October 2026 · Version 2026-10-01.1