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Definitions
"The Provider" means the company, its successors or assigns who
supply Internet access services.
"The Service" is the provision of the facility by the Provider to
allow the subscriber access to the Internet and provision of on-line
services.
"The Subscriber" is the legal entity or person who enters into
this agreement with the Provider.
"Access" means dial-up access to the world-wide computer network
known as the Internet through the Provider.
"Access Level" means the level of Access the Subscriber has agreed
to subscribe to under the Particulars.
"Fee" means that amount in respect of providing Access as
specified in the Particulars.
"Term" means the period of time from execution of this Agreement
until the expiration of the Access Term specified in the Particulars.
"Traffic" means the sum of all inbound and outbound data for the
Subscriber Access.
"Spam" means unsolicited and/or unwelcome advertising material or
information, usually sent via e-mail or newsgroup.
Grant
of License
The Provider grants the Subscriber a license to Access the Provider's online
Internet Service ("the Service) in accordance with the provisions of
this Agreement.
Term
The Provider shall begin to provide the Service to the Subscriber as soon as
is practicable on or after a date to be set by the mutual agreement of the
Parties ("the Commencement Date").
The Service shall be provided to the subscriber on an ongoing basis once the
Subscriber has established an account with the Provider.
The level of Service Access shall be corresponding with that agreed to (see
Special Terms and Conditions).
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").
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.
Access shall be available 24 hours a day, seven days a week except during
operational faults or scheduled service times
Charges and Payment
The Subscriber agrees to pay any amounts levied pursuant to this Agreement
("Charges"), including but not limited to, Connection Fees, Access
Fees, Time Charges (if applicable) and Traffic (if applicable) as they fall
due.
Any Access Fees and Connection Fees levied by the Provider pursuant to this
Agreement are payable in advance of the Service Period. Where the term is
monthly the Subscriber must pay for the first two months Access in advance.
If the Subscriber supplies credit card details, the Subscriber authorises
the Provider to debit the credit card for all valid charges when they become
due (including Excess Traffic or time).
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.
The Provider reserves the right to vary the Fee and conditions associated
with the Access from time to time. The Provider shall give the Subscriber
one month's notice of any such variation.
The Subscriber may make payments of the Fee by use of cash, credit card,
money order, postal order, or any other payment method deemed acceptable by
the Provider.
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.
The Subscriber agrees to fully compensate the Provider for any Goods and
Services Tax liability which may arise pursuant to this Agreement.
Unused time or data is not cumulative from month to month and is not
redeemable in any way.
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.
All expenses in relation to the recovery of monies outstanding by the
Subscriber are to borne by the Subscriber.
All charges for the Service are at the rates published on paper and
electronically on-line (see clause 4.5 above).
The Fee for establishing a Subscriber account is not refundable.
The non-refundable fee for accessing the Service is applied to the
Subscriber's account periodically in advance, until the account is
terminated.
The establishment fee must be paid if a terminated account is to be
re-established.
Subscriber's
Undertakings
The Subscriber shall not use the Service in any manner involving illegal
activity. This includes but is not limited to illegal transactions or
illegal entry to unauthorised sites anywhere on the Intranet.
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.
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.
The Subscriber shall not transfer their right to use the Service to any
other party.
The Subscriber shall not in anyway resell or redistribute the Service to
another party.
The Subscriber shall not use the Service to transmit unsolicited mail
commonly called Spam. As well, the Subscriber shall not forge email headers.
The Subscriber is expected to exercise good net-etiquette and refrain from
abusing the network.
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 Provider's website.
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.
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.
The Subscriber shall be solely responsible for any use of their account
whether this use is deliberate and/or negligent.
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.
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.
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.
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.
Provision of Service
The Subscriber undertakes and agrees with the Provider that the Provider
does not and cannot monitor or control the content and information accessed
via the Internet and the Provider shall not be held responsible in any way
for the loss for any content or information accessed via the Internet.
The Provider disclaims any and all liability for the contents of material
that the Subscriber may find inappropriate, offensive, inflammatory or adult
in nature.
The Provider shall not be responsible for any data which is stored on or
transmitted through its network.
The Provider reserves the right to deny Access to any potential Subscriber
at its absolute discretion.
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.
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.
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.
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.
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.
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.
General
This Agreement constitutes the entire Agreement between the Subscriber and
the Provider and supersedes any prior arrangements.
All notices served pursuant to this Agreement or alterations to this
Agreement shall be notified in writing.
The Provider may vary this Agreement by providing the Subscriber with 30
days written notice of any such variations.
Limitation
of Liability
The Provider does not warrant that the Access will be uninterrupted or error
free, not does the Provider make any warranty as to the results obtained
from the Access. The Access is provided without warranties of any kind,
either express or implied, other than those warranties implied into this
Agreement by legislation and which cannot be excluded.
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 of cost of resupply of the Access.
Force
Majeure
The Provider shall not be liable for any breach of these Terms and
Conditions caused by an Act of God, national or local emergency, acts of
government, acts of war or civil disorder, military operations, industrial
disputes, fire, flood, lightning strike, weather damage, subsidence or
earthquake, or acts or omissions of persons or entities for whom the
Provider is not responsible.
Interpretation
Any reference to written notice or written authority within this Agreement
shall be construed to include communication by email between the Parties.
This Agreement shall be construed in accordance with the laws of
South Australia
and the parties shall
submit to the jurisdiction of the Courts of South Australia.
The headings contained within this Agreement are intended for ease of
reference only and do not form part of the Agreement between the Parties.
Execution
The Terms and Conditions of Service are deemed to have been executed and
agreed upon the Subscriber's use of the Service.
Fair Use Policy
VISP INTERNET reserves the right to introduce a Fair Use Policy in respect
of this Service. VISP INTERNET
may only introduce a Fair Use Policy by giving 14 days written notice
Service
Suspension
There may be ocassions when VISP INTERNET is required to suspend the
provision to you of part or all of a service VISP INTERNET will be entitled
to suspend a service to you ( a) immediately and because of the urgency of
the need, without prior notice where (1) we are required to undertake the
repair, maintenance or service of any part of the network (or an
interconnected third party is required to undertake such work on its
network) to attend to any emergency.
(2) it is reasonably required to reduce or prevent fraud or interference
within the network (3) we believe it is necessary to comply with any law or
an order, instruction or request of government, the ACA, emergency services
or other competent authority.. (4) a Force Majeure Event occurs which
materially affect our ability to provide the service. (5) a breach of any of
the above conditions
TERMS AND CONDITIONS OF
INTERNET ACCESS
Access
to VISP Internet Pty Ltd is provided under the following terms and
conditions. Failure to comply with the following may result in the
suspension or cancellation of your account.
Unauthorised access (for personal or monetary gain) to the information or
services resident on the VISP Internet Pty Ltd WWW Server and/or any
Computer System accessible via VISP Internet Pty Ltd shall be deemed a
criminal act under the Computer Crimes Act of 1989. Breaches of the Privacy
of Communications Act of 1989 shall result in legal action being taken under
the Federal Telecommunications Act.
I agree that my access account is for my personal use or is for use by my
company, business, corporation, institution or department. Being in
authority, I accept full responsibility for any actions performed by those I
extend the use of this account to whilst having access to VISP Internet Pty
Ltd and the International Network (Internet).
I acknowledge and accept that my password(s) and/or my signature file(s)
have the
sam
e legal implications as if
my signature is being applied to a legal and binding document.
I agree to notify VISP Internet Pty Ltd immediately if I suspect or have
knowledge that any unauthorised person or persons have gained access, are
using, or have gained access to my Internet Account. Failure to notify VISP
Internet Pty Ltd will result in the immediate removal of my account and
related files from the VISP Internet Pty Ltd Server and possible legal
action being taken.
I accept that I may be exposed to explicit language and offensive material
while having access to the Internet.
I agree to be held completely responsible for the contents of the files and
information owned by mys
elf
and stored on the VISP Internet Pty Ltd server and network.
I accept full responsibility for any and all information, files or data I
transfer or cause to be transferred through the VISP Internet Pty Ltd server
and across the Internet.
VISP Internet Pty Ltd shall not be responsible for any or all files I have
stored in the VISP Internet Pty Ltd server. I absolve VISP Internet Pty Ltd
without reservation any legal responsibility.
VISP Internet Pty Ltd shall not be liable for the loss of privacy, incorrect
advise and/or information or any situation that shall arise in regard to mys
elf
or my property through my
use of VISP Internet Pty Ltd and/or the services provided thereon, nor for
any or all consequential losses or damages.
VISP Internet Pty Ltd reserves the right to act in an appropriate manner
where there are grounds believing that malicious or unacceptable use of the
VISP Internet Pty Ltd computer system or network is occurring.
VISP Internet Pty Ltd reserves the right to change these terms and
conditions, vary subscription fees, access and/or the levels of service
without prior notice.
I agree, if paying by credit card, the signature on the application form
authorises VISP Internet Pty Ltd or it’s agents to debit the nominated
credit card account for the amount specified as the "Total
Payable".
In the event that I no longer wish to use the service, I accept that any
extra time or banked moneys remaining at the expiry of my account will not
be redeemable.
If you are under 18 years of age you are required by law to obtain
permission from your parent or guardian.
I have read and understood the above terms and conditions and hereby consent
to my child or ward having access to VISP Internet and the Internet.
I understand that there are busy periods that may make the use of an
automatic dialer program necessary in order to obtain Internet access.
Credit Card users are required to provide a minimum of
7 Days notice prior to cancellation of their account.
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