|
ADSL Internet Terms & Conditions
1. AGREEMENT FOR SUPPLY OF INTERNET SERVICES
- a. Simpliciti Telecommunications will supply Internet Services to the Customer under the applicable Plan and the Customer's Application and on the terms set out in this Standard Form of Agreement.
2. INTERPRETING THIS SERVICE SCHEDULE
3. CUSTOMER OBLIGATIONS
- a. The Customer accepts and will comply with such conditions as are from time to time imposed by Simpliciti Telecommunications in respect of a Service, whether as part of the Plan or otherwise, including without limitation, limits on usage and type of usage, size of emails and attachments and web space, time and volume limits applicable to data transfer and storage and session and idle times, deletion and loss of data;
- b. The Customer must not do or allow to be done, in relation to a Service, any of the following:
i. engage in denial-of-service attacks, or allow a computer under its authority to be used as part of one;
ii. obtain or attempt to obtain access to or control of any other computer or network;
iii. scan ports on other computers or otherwise probe them for means of access or vulnerabilities;
iv. spread (either deliberately or through want of reasonable care) any virus, Trojan horse or other harmful thing;
v. breach any law regulating content on the Internet or of email;
vi. contravene the Privacy Act 1998, the National Privacy Principles, or any guidelines made under them;
vii. Send spam or unsolicited email.
- c. If Simpliciti Telecommunications or Other Supplier provides the Customer with any software, the Customer will only use it in accordance with its licence terms as notified to the Customer from time to time.
- d. In the case of an Internet Service that is supplied as a Residential Service, the Customer agrees not to resell the Service, nor to establish, maintain or permit multiple concurrent connections to the Service, nor to connect the Service to a Customer local area network, except if the Service is designated by Simpliciti Telecommunications as one which supports use of a local area network.
- e. Except to the extent that Simpliciti Telecommunications has specifically agreed otherwise, the Customer is solely responsible at its own expense for:
i. providing and maintaining the necessary telephone service or other connection between the Customer and the point of presence or other specified point of connection to the Internet; and
ii. providing and maintaining the modem and all other Equipment necessary for that purpose; and
iii. Ensuring that the Customer has access to the Internet Services by means of a local or untimed call.
- f. The Customer must pay for all usage on its Internet account, whether by the Customer or anyone else who accesses the account directly or indirectly by means of the Customer's password or Customer Equipment.
- g. Simpliciti Telecommunications may make and change an Acceptable Use Policy on 14 days notice to the Customer. An Acceptable Use Policy applies as if it was set out in full as terms of this agreement, but it cannot contradict this agreement.
- h. The Customer acknowledges that:
i. continuity and speed of access to the Internet depend on a wide range of factors, many of which are beyond the control of Simpliciti Telecommunications;
ii. Simpliciti Telecommunications has no control over the accuracy or appropriateness of any information on the Internet;
iii. Simpliciti Telecommunications is not responsible for any software or data available on the Internet;
iv. if Simpliciti Telecommunications provides to Customer technical or other support or advice in relation to any matter which is outside Simpliciti Telecommunications' direct responsibility under this Agreement, it does so only in an attempt to assist Customer and without incurring any liability other than any which cannot lawfully be excluded;
v. the Customer may lose access to its pre-existing email addresses;
vi. some Plans provide for automatic renewal for consecutive Minimum Terms and can be cancelled by the Customer only prior to and with effect from the end of the current Minimum Term;
4. INTERNET SECURITY
- a. The Customer acknowledges and accepts that any access to the Internet involves security risks and that new threats to Internet security are continually evolving. The Customer accepts responsibility for maintaining its own security and acknowledges that Simpliciti Telecommunications has recommended that Customer should at least:
i. maintain and protect its user identity, email address and password (keeping the password secure, including not disclosing it, avoiding the use of dictionary words, names or dates, changing it regularly, not keeping it in writing or storing it on a computer);
ii. not disclose personal information (including credit card details) on the Internet;
iii. use and keep current anti virus software and Firewall;
iv. restrict access to Customer Equipment;
v. not accept emails or files from unknown sources;
vi. protect users from unsuitable Internet content;
vii. keep up to date on Internet security issues;
viii. be aware that premium rate "190" and international "0011" telephone call charges can be incurred inadvertently by users accessing certain Internet sites;
ix. avoid unexpected data charges by regularly monitoring data usage (statistics are available to each Customer in Account Toolbox on the Simpliciti Telecommunications website)
5. I.P. ADDRESSES
6. ADSL (AND IF APPLICABLE, OTHER XDSL) INTERNET ACCESS
- a. The Service (which in this clause means an ADSL or XDSL Service) is not available in all areas or to all telephone lines and in some regional areas may be subject to an additional monthly charge.
- b. Its availability depends on the Customer's access network and other factors including the continuing suitability of the Customer's exchange and the distance of the Customer from the exchange.
- c. It may cause temporary disruption to the Customer's standard telephone service.
- d. Simpliciti Telecommunications will endeavour to provide the Service as soon as it can, but cannot guarantee availability or date of commencement.
- e. Approximately once every 24 hours, the Service may be interrupted for approximately 30 seconds for a billing record update.
- f. If the Customer requests Simpliciti Telecommunications to relocate the Service to a new Site following relocation by the Customer:
i. Customer must produce to Simpliciti Telecommunications copies of telephone bills for both the old and new Sites and comply with other reasonable requirements of Simpliciti Telecommunications, failing which Simpliciti Telecommunications may treat it as an Early Cancellation, but subject to this;
ii. if Simpliciti Telecommunications is able to relocate the Service, the Service Contract will continue and Customer will pay $129.00 relocation fee (plus the cost of any necessary additional Equipment and installation charges);
iii. if Simpliciti Telecommunications is not able to relocate the Service, Simpliciti Telecommunications will release the Customer from the balance of the Service Contract, subject to payment of all accrued charges up to the date of release, plus if that is within the first 6 months of the Minimum Term, a $125.00 cancellation fee.
- g. If a Service is suspended or disconnected because of anything for which the Customer is responsible (for example late payment of account or interruption to Customer's telephone service) Customer must pay a reconnection fee of $100.00, unless in its discretion Simpliciti Telecommunications elects to treat it as an Early Cancellation.
- h. The Customer acknowledges that some services ("Incompatible Services") supplied by means of the same telephone line may be incompatible or may not function properly or at all over that telephone line or may only function if additional equipment is installed. Where additional equipment is so required, Customer agrees to install it at its cost.
- i. If the Customer wants any other service to be supplied by means of the same telephone line, it must ascertain from the supplier of that service that it is not an Incompatible Service, and if it is, not allow it to be supplied.
-
j. The Customer releases and indemnifies Simpliciti Telecommunications and any Other Supplier from all liability (including third party claims) arising from the following (to the extent that the liability is caused by the supply of or non-supply of or cancellation of the Service):
i. disruption to standard telephone service or any service supplied by means of the same telephone line;
ii. suspension of the provision of the Service to particular IP addresses;
iii. cancellation of, or refusals to provide or continue providing, Incompatible Services;
iv. malfunction of Incompatible Services;
v. Discontinuance of the Service if the Customer uses Incompatible Services.
7. CHARGES AND PAYMENTS
- a. You agree that:
i. We will send you an invoice setting out the Fees due for the Service we have provided to you, all charges will be rounded up to the next cent;
ii. You must pay the Monthly Fee and Additional MB rate as set out in the AlphaDSL Rate Plan from the date on which we commence supplying the AlphaDSL service to you.
iii. You must pay the Monthly Fee in advance and the Additional MB rate in arrears.
iv. You must pay us any other applicable charges as set out in the Rate Plan upon our request including the Installation Charge and charges for Additional Services where those services are requested by you.
- b. You agree that :
i. if you are unable to connect to the AlphaDSL Service where such failure has not been caused by Simpliciti Telecommunications or its agents, or
ii. if you later request additional hardware, you will be charged for the hardware and delivery, you will pay all charges and other charges to us in respect of the Service and shall not be affected by any change in the identity of the person who uses the service or by the Equipment ceasing to be in your sole possession or control through any cause except where the service has been cancelled or suspended by Simpliciti Telecommunications.
iii. we may vary the Fees and will use reasonable efforts to notify you of changes as they occur;
iv. the Fees include Taxes and that you will be solely responsible to pay or reimburse us for the full amount of any Taxes (including GST) payable for provision of the Service;
v. You will pay all invoices for all Fees and Taxes by the Due Date or, if you elected to pay by credit card or by direct debit, we will debit your credit card or nominated direct debit account for the amount of the invoice by the Due Date.
vi. If you do not pay an invoice by the Due Date we may charge you daily interest from the Due Date until the date on which payment is received. Interest will be capitalised monthly and will be payable at the rate which is 2% per annum above the overdraft reference rate quoted by our principal bankers on the first day of the applicable month;
vii. you will be liable for all reasonable collection costs (including our total legal fees) we incur to collect the amount outstanding, or to recover Hardware or any other equipment; and
- c. If you in good faith dispute an amount in an invoice, you must notify us in writing within 14 days setting out reasons for the dispute and the amount in dispute. Even if there is a dispute, you must pay the whole amount of each invoice by the Due Date.
- d. You will be deemed to have commenced using the AlphaDSL Service at the earlier of:
i. from the date you commence using the AlphaDSL service;
OR
ii. Days from the expected delivery date (as notified to you by Simpliciti Telecommunications).
- e. We may terminate your ADSL Service if any charges remain outstanding for 30 days.
8. INDEMNITY AND LIMITATION OF LIABILITY
- a. You must indemnify us against any loss, damage, liability, expense, cost or charge arising from or incurred in connection with:
any fault in the AlphaDSL Service, due to your negligence or wilful misuse, or any unauthorised use of the AlphaDSL Service or the Equipment; and
ii. breach by you of the Acceptable Use Policy ; and
iii. any Equipment provided by you.
- b. Except as stated above, Simpliciti Telecommunications is not liable in tort (including negligence), contract or otherwise for any damages, including loss of profits, business or anticipated savings or any other indirect or consequential damage.
9. REQUIREMENTS OF THE SERVICE
- It is the responsibility of the Customer to arrange the following, at the Customer’s own expense, prior to the Installation Date:
i. To have a standard telephone line already connected and in service (this telephone line may be in use for an existing telephone service);
ii. To have a standard power point in proximity to the telephone line outlet;
iii. To purchase from the Company or a third party a suitable router or modem for use with the Service, as specified by the Company as being compatible with its network ("the Client's Modem");
iv. To have a suitable computer available for the router or modem to be connected to, meeting the specifications set by the Company ("the Broadband Requirements");
v. If required by the Company, to provide the Company with safe and legal access to the Client's premises for the installation of the Service; and
vi. If required by the Company, to have arranged for the attendance of an Austel-registered telecommunications contractor on the Installation Date.
- b. Details of the current specifications required of the Client's Modem and the Client's Computer are set out on the Company's Website and the Client acknowledges having read and agreed to those specifications as existing at the date of this agreement.
- The Client agrees not to connect to the Service any equipment that does not meet the Company's specifications. The Company makes no representations, warranties or assurances that the Client's equipment will be compatible with the Service.
10. PERMISSIONS
- a. You agree that, subject to the Privacy Act 1988, we may do the following (and if your application is successful, this agreement continues until such time as any credit provided to you is repaid):
i. Obtain credit reports about you from credit reporting agencies to assess your application or to collect overdue payments from you;
ii. Disclose Personal Information to credit reporting agencies before, during or after providing credit to you. This includes, but is not limited to:
1. the fact that you have applied for telecommunication services, and that we are a credit provider to you;
2. advice about Fees at least 60 days overdue and which are in collection (and advice that payments are no longer overdue);
3. advice that cheque(s) drawn by you, or direct debit requests to your bank account which you have authorised us to make, which are more than $100.00 have been dishonoured more than once;
4. our opinion that you do not intend to meet your credit obligations (or that you have committed some other serious credit infringement); and
5. that credit provided to you has been paid or otherwise discharged;
iii. Exchange Personal Information with credit providers named in [your account application to us] or in a credit report issued by a credit reporting agency. This is for purposes including but not limited to:
1. assessing your credit worthiness, this application and any subsequent application by you for credit;
2. notifying other credit providers of a default by you; and
3. our administration of your account.
iv. if you are in default under this account, notify and exchange Personal Information with our collection agent; and
v. use and disclose your Personal Information to a Carrier, our dealers or other third party for purposes connected with the Service.
- b. In addition to your agreement in clause 11.a, you permit us to make enquiries of other third parties concerning your financial standing and, for the purpose, you authorise and permit the third parties to supply the information regardless of any confidentiality or privilege which applies to the information sought.
- c. Any Security Payments held by us can be used to pay any outstanding fees and charges.
- d. We may give to and receive from other Carriers information about your account, including particulars of usage and charges.
- e. We may provide information to the Telecommunications Industry Ombudsman's Office about your account including usage and charges where this information is necessary to resolve a complaint.
- f. We may give to Financial Institutions and Shareholders information about your account, including particulars of usage and charges
11. BEGINNING, SUSPENDING AND ENDING OF THE SERVICE
- a. This Agreement commences:
i. from the earlier of the date that the Service is installed by the Simpliciti Telecommunications or the date on which the customer first uses the service;
- b. If we suspect that you have breached any of the terms and conditions of this Agreement including engaging in conduct that is contrary to the Acceptable Use Policy, we can immediately terminate or suspend your service. You will still be liable to pay Monthly Fees and the Additional MB rate during the period of suspension.
- c. We are otherwise entitled to terminate this Agreement by giving you 30 days notice.
- d. If the ADSL Service is terminated:
i. if you have nominated domain name hosting, we will continue to host your domain name to the date to which your domain name hosting has been prepaid whereupon your domain name will cease to be hosted.
- e. If we terminate or suspend the AlphaDSL Service for any reason covered by clause 12.c and later at your request we agree to reinstate the ADSL Service, you must pay a reconnection fee and any other applicable fees.
- f. We may suspend or limit the ADSL Service or vary or withdraw any part of the Service at any time if we reasonably determine that such action is necessary for the purpose of maintenance, integrity or restoration of the ADSL network.
- g. You agree and acknowledge that Simpliciti Telecommunications may take such action as it believes is reasonably necessary at any time if there is a Regulatory Event, including withdrawing, suspending, limiting or terminating the supply of the ADSL Service.
- h. If your ADSL Service is terminated and you choose to reconnect the Service, you may not be able to register the same username or email address as used previously with your ADSL Service. Simpliciti Telecommunications will reserve such usernames and email addresses for such reasonable time so as to ensure your privacy, however it is your responsibility to notify your contacts of your new email address.
12. TRANSFERING THE SERVICE OR THIS AGREEMENT
- a. You may not transfer or novate, nor try to transfer or novate the right to receive the ADSL Service or any other right under this agreement to anyone else without our consent
- b. We reserve the right to transfer or novate all or part of our rights and obligations under the contact without your consent.
- c. You cannot resell the Service or otherwise use the Service in competition with the Simpliciti Telecommunications.
13. CHANGING THIS AGREEMENT
- a. If you ask us to change the place at which the ADSL Service is provided (for example, you have moved to a new address), we cannot guarantee that we will be able to provide the AlphaDSL Service at the new address. You will have to pay any charges for installing the ADSL Service at the new address and you agree that we will not be liable for any delays you may experience as a result of relocating to a new address.
- b. If you want us to provide the ADSL Service at another site in addition to your premises, you will have to sign a separate agreement with us for the service provided at that place.
- c. We may vary, alter or revoke this Agreement, the Acceptable Use Policy, or the Rate Plan at any time without notice.
- d. Your ongoing use of the Service after the date of a variation, alteration, replacement or revocation is your acceptance of the variation, alteration, replacement or revocation.
- e. It will be sufficient, for the purposes of clause 14.d, that we notify you only of the fact that this Agreement, the Acceptable Use Policy or the Rate Plan has been changed and that we post a revised copy of this Agreement, the Acceptable Use Policy or the Rate Plan on the www.Simpliciti.com.au website.
|
