| General Terms & Conditions Of Service |
1.0 - Definitions
1.2 - "The Service" is the provision of the facility by the Provider to allow the subscriber dial-up access to the Internet and provision of on-line services. 1.3 - "The Subscriber" is the legal entity or person who enters into this agreement with the Provider. 1.4 - "Access" means dial-up access to the world-wide computer network known as the Internet through the Provider. 1.5 - "Access Level" means the level of Access the Subscriber has agreed to subscribe to under the Particulars. 1.6 - "Fee" means that amount in respect of providing Access as specified in the Particulars. 1.7 - "Traffic" means the sum of all Outbound Data for the Subscriber Access. 1.8 - "Outbound Data" means all data sent from the Provider to the Subscriber. 1.9 - "Spam" means unsolicited and/or unwelcome advertising material or information, usually sent via e-mail or newsgroup.
3.2 - The Service shall be provided to the subscriber on an ongoing basis once the Subscriber has established an account with the Provider. 3.3 - The level of Service Access shall be corresponding with that agreed to (see Special Terms and Conditions). 3.4 - Except as otherwise provided under this Agreement, the Provider shall continue to provide the Service for a period of time set by the mutual agreement of the Parties ("the Service Period") 3.5 - Prior to the expiration of any Service Period, the Parties may agree to continue the Service for an additional Service Period of duration to be agreed by the Parties. Such agreement shall be subject to any variations in the Terms and Conditions previously communicated between the Parties in accordance with this Agreement. 3.6 - Access shall be available 24 hours a day, seven days a week except during operational faults or scheduled service times.
4.2 - Any Access Fees and Connection Fees levied by the Provider pursuant to this Agreement are payable in advance of the Service Period. 4.3 - If the Subscriber supplies credit card details, the Subscriber authorises the Provider to debit the credit card for all valid charges three (3) days prior to the account becoming due (including Excess Traffic or time). 4.4 - If the Subscriber fails to make payment to the Provider within the specified time period then the Provider may immediately and without notice withdraw Access to the Service. 4.5 - The Provider reserves the right to change its charging structures with a prior notice of seven (7) days. 4.6 - The Subscriber may make payments of the Fee by use of cash, credit card, cheque, money order, postal order, or any other payment method deemed acceptable by the Provider. 4.7 - Should the Subscriber continue to make use of the Service beyond the expiration of the Service Period, the Provider shall be entitled to levy on a pro-rata basis any applicable Charges relating to the Subscriber's continued use of the Service. 4.8 - The Subscriber agrees to fully compensate the Provider for any Goods and Services Tax liability which may arise pursuant to this Agreement. 4.9 - Unused time or data is not cumulative from month to month and is not redeemable in any way. 4.10 - If Access is terminated under this Agreement for any reason whatsoever except for reason of breach by the Provider of any of the Provider's obligations herein, the remainder of the Fee in respect of the Term shall become due and payable by the Subscriber to the Provider within seven days of the date of termination. 4.11 - All expenses in relation to the recovery of monies outstanding by the Subscriber are to borne by the Subscriber. 4.12 - All charges for the Service are at the rates published electronically on-line (see clause 4.5 above). 4.13 - The Fee for establishing a Subscriber account is not refundable. 4.14 - The non-refundable fee for accessing the Service is applied to the Subscriber's account periodically in advance, until the account is terminated. 4.15 - A Subscriber may request suspension of their account in writing, for a period ranging from one to three months. During the suspension period, no access fees are charged, and the Service is not accessible to the Subscriber. There is no charge to re-establish a suspended account. 4.16 - The establishment fee must be paid if a terminated account is to be re-established.
5.2 - The Subscriber shall not use the Service, specifically e-mail and other on-line communications, to harass, menace, upset, annoy or inconvenience any person. Furthermore, the Subscriber shall not transmit any message using the Service which is offensive, indecent or obscene. 5.3 - The Subscriber shall maintain the confidentiality of passwords and other access codes to the Service, and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service. 5.4 - The Subscriber shall not transfer their right to use the Service to any other party. 5.5 - The Subscriber shall not in anyway resell or redistribute the Service to another party. 5.6 - The Subscriber shall not use the Service to transmit unsolicited mail commonly called Spam. As well, the Subscriber shall not forge email headers. 5.7 - The Subscriber is expected to exercise good net-etiquette and refrain from abusing the network. 5.8 - The Subscriber agrees to comply with the Provider's Acceptable Use Policy (as amended from time to time) and to comply with any reasonable requests made by the Provider in relation to the Subscriber's use of the Service. The Providers Acceptable Use Policy can be found on the Providers website. 5.9 - The Subscriber certifies that they have attained the age of 18 years and agrees to provide proof of age should the Provider request such proof. 5.10 - The Subscriber is solely responsible for supervising and/or restricting the activities of any person under the age of 18 years whom the Subscriber allows, by any act or omission, whether negligent or otherwise, to access the Subscriber's account. 5.11 - The Subscriber shall be solely responsible for any use of their account whether this use is deliberate and/or negligent. 5.12 - The Subscriber agrees to indemnify the Provider against any actions brought against the Provider in respect of the Subscriber's actions brought against the Provider in respect of the Subscriber's acts and omissions, including, but not limited to, actions for defamation or breach of copyright arising from such acts or omissions. 5.13 - The Subscriber is solely responsible, at their own expense, to acquire and maintain the necessary equipment, software, telecommunications services and other such items and/or services as may be required to make use of the Service. 5.14 - The Subscriber is solely responsible for all costs associated with the use of any telecommunications services required to make use of the Service, including but not limited to, the cost of any telephone calls to the Provider's facilities. While the Provider may from time to time offer general guidance in good faith, it is the responsibility of the Subscriber to verify this information directly with the supplier of such services. 5.15 - The Subscriber hereby agrees that the Provider is not responsible for any faults or error in the Subscriber's equipment and system or telecommunication connection. No extensions of account Term, refunds or reimbursements shall be given to the Subscriber due to such faults and errors. 5.16 - The Subscriber hereby agrees not to leave their computer connected to the Internet when not in use.
6.2 - The Provider disclaims any and all liability for the contents of material that the Subscriber may find inappropriate, offensive, inflammatory or adult in nature. 6.3 - The Provider shall not be responsible for any data which is stored on or transmitted through its network. 6.4 - The Provider reserves the right to deny Access to any potential Subscriber at its absolute discretion. 6.5 - The Service may be unavailable at times either due to scheduled maintenance upgrades, operational reliability or due to factors beyond the Provider's control. The Provider makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall the Provider be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service. The Provider will use its best endeavours to provide at least twenty four (24) hours notice of any disruption to the Service. The Subscriber acknowledges that it may not be possible for the Provider to supply any notice at all under some circumstances. 6.6 - The Provider may, without notice, deny or restrict Access to the Service at any time should the Subscriber fail to make full payment of any outstanding monies by the date on which such payment falls due. 6.7 - The Provider may, without notice, deny or restrict Access to the Service at any time should it reasonably believe that the Subscriber has failed to comply with the terms of this Agreement or the Acceptable Use Policy. 6.8 - Any advice provided by an employee of the Provider is provided in good faith. Any Subscriber who acts on such advice does so at their own risk, and indemnifies the Provider against any problems which may arise from acting upon that advice. 6.9 - The Service cannot 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. 6.10 - All software supplied by the Provider is used by the Subscriber at their own risk. The Provider will not be held liable for any damage to any software or hardware resulting from the use of the software provided.
7.2 - The Provider reserves the right to terminate the Access without notice if, in the opinion of the Provider the Subscriber misuses or abuses the Access or has breached its obligation herein. What constitutes misuse or abuse is determined by the Provider. 7.3 - There shall be no refunds or reimbursements of charges and fees in respect of early termination of accounts for any reason whatsoever.
8.2 - The Provider reserves the right to change the condition and nature of the service at any time, in its sole discretion, with or without notice. 8.3 - Notices to the Subscriber may be made via email. The Provider may also provide notices of changes to the Terms and Conditions of Service or other matters by displaying notices or links to notices to the Subscriber generally on the Service.
9.2 - To the extent permissible by law, the Provider excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Access or inability to effect the Access and where such liability cannot be excluded the Provider limits its liability, at its option, to the resupply or cost of resupply of the Access.
11.2 - This Agreement shall be construed in accordance with the laws of Western Australia and the parties shall submit to the jurisdiction of the Courts of Western Australia. 11.3 - The headings contained within this Agreement are intended for ease of reference only and do not form part of the Agreement between the Parties.
13.0 - I agree to pay volume charges of $0.05 per MB if my downloads exceed the account defined limits per Billing Period. 14.0 - I agree not to share my account with any other person or organization. If it is discovered that I have been involved in account sharing or if it is found that my account is being used at multi sites, the Provider may cancel my account without notice. 15.0 - Subscribers on Timed Accounts are only permitted to access the Providers email facilities when the subscriber is connected to the providers dial-in services. E-Mail Only 16.0 - I understand that the account has a daily time limit of 2 hours and a monthly volume limit of 10MB. I understand that excess fees of $2.00 per hour shall apply for exceeding this time limit. |