Speed Internet Services Customer Agreement
[effective from 1/4/2008]
 

Speednet Communications Pty Ltd [ABN: 98 082 522 174] trading as Speed Internet Services.

Your use of the Speed Internet Services [Service] provided by Speednet Communications Pty Ltd (referred to as "our", "us", "we") is subject to our Customer Agreement detailed in this document. "You" means the person named as the customer on the application form.

1. Provision of Service.
This agreement begins when we accept your account registration and shall continue until terminated by either party. When you sign our application form or install our set-up disk, it is deemed that you have read our Customer Agreement and will abide by it. We will use our best efforts to provide you with the Service as ordered and make all reasonable attempts to ensure continuity of the Service. We do not guarantee the continuous and uninterrupted supply of the Service and we are not liable for any loss, damage suffered, or loss of monies by the customer due to any downtime of the Service. We are not liable for any damage caused by viruses that may infect your computer equipment or other property on account of your access.
We will provide you with 20 Megabytes of disk space for a personal web site, plus an additional 5 Megabytes of e-mail space. The e-mail servers will reject any single e-mail greater than 4 Megabytes.
A once off connection fee of $27.50 including GST for Dial Up Plans and $165.00 including GST for ADSL plans is applicable, which includes our free ongoing help desk and setting up our systems to accept your application.
If you breach any term or condition of this agreement, we will take, at our absolute discretion, any of the following actions:

  • suspend the Service until the breach is remedied to our satisfaction; or

  • cancel our agreement with you in relation to the provision of the Service.

Should any of these actions be taken, you are not entitled to a credit or refund for loss of access. We may vary any terms or conditions of this agreement at any time. It is up to the customer to review our web site at least once a month to check whether any variations have been made. Your continued use of the Service after such notice will constitute acceptance of the variation. All notices to be served upon either party by the other shall be in writing and shall be sent by facsimile or e-mail to the parties hereto at their respective addresses as specified on the application form. Either party may end this agreement at any time by giving the other party 30 days written notice, prior to the anniversary date.

2. Customer Obligation.
You are responsible for and must provide your own software and hardware, and pay the cost of telephone calls and charges [where applicable] from your telephone service to the Service.
You agree not to disclose to any other person, corporation, entity or organisation the user identification and password information supplied to you by us. You are the only person authorised to use this account. Violation of this condition will lead to immediate suspension and/or termination of the account with no refunds.
You accept all liability in relation to fees and charges incurred under your user identification and password. You acknowledge that some content accessible on the Internet is unsuitable for minors and you warrant that no minor will access the Service using your account unless they have your express permission and under your direct supervision.
If you choose to change plans at any time, we require 30 days written notice in the form of facsimile, e-mail or postal mail.

3. Indemnity.
Any cost incurred to us as a direct result of any unauthorised use, misuse or abuse of the Service by your user identification and password, will be charged to you and added to the charges otherwise payable. You will indemnify and keep indemnified (the Agent and) us in respect to any such costs, fees, charges or other expenses. You agree that there are no refunds on any monies paid for any plan or connection fee.

4. Charges.
You will be billed in advance on the anniversary date, for example, if you commenced on 5/07/05 your billing date becomes the 5th of the month. Hourly accounts will be billed on the anniversary date of the following month and has an annual account keeping fee of $27.50.
You authorise us to disclose your credit card details in order to:

  • obtain information from any financial institution to verify your credit card details

  • verify that there are sufficient funds on your credit card account to meet any likely fees

  • debit your credit card on the anniversary date of the selected payment plan until such time as you revoke the authority in writing

If we can not debit your card or its agents for any reason, you agree to pay us all amounts due on demand. If your credit card number expires or we are unable to debit charges to the credit card number, we may immediately and without notice suspend and/or terminate the account and all outstanding amounts will become immediately payable by the customer.
You are required to inform us if your credit card is due to expire 2 weeks prior to the expiry date and to provide us with details of any new credit card. If payment is not received by the due date, a reminder will be sent and if payment is still not received after the reminder, the account will be suspended and a $27.50 reconnection fee will apply for dialup services and a $65.00 connection fee for ADSL services. A $2.75 account keeping fee will apply if a paper (posted) invoice is required.

5. Use of the Service.
You may use the Service for any length of time. You must not use the Service for any activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority, or in any way which interferes with other users or defames, harasses or menaces anyone, or to send unsolicited or unwelcome electronic mail messages.

Additional Terms & Conditions of Web Hosting

6. Provision of Service

6.1 This agreement begins when we accept the customer account registration and shall continue until terminated by either party. When the customer signs our application form or uses an active service, it is deemed that the customer has read our Web Hosting Terms & Conditions of Use Agreement and will abide by it. We will use our best efforts to provide the customer with the service as ordered and make all reasonable attempts to ensure continuity of the service. We do not guarantee the continuous and uninterrupted supply of the service and we are not liable for any loss, damage suffered, or loss of monies by the customer due to any downtime of the service

6.2 If the customer breaches any term or condition of this agreement, we will take, at our absolute discretion, any of the following actions:

a)        suspend the service until the breach is remedied to our satisfaction; or

b)        cancel our agreement with the customer in relation to the provision of the service

where a suspension of service is enacted or Speed Internet Services performs other remedial action the customer

hereby agrees that Speed Internet Services are not liable for the loss of any web content or data

6.3 Should any of these actions be taken, the customer is not entitled to a credit or refund for loss of service. We may vary any terms or conditions of this agreement at any time. It is up to the customer to review our web site at least once a month to check whether any variations have been made. The customerís continued use of the service after such notice will constitute acceptance of the variation. All notices to be served upon either party by the other shall be in writing and shall be sent by facsimile or email to the parties hereto at their respective addresses as specified on the application form. Either party may end this agreement at any time by giving the other party 30 days written notice, prior to the anniversary date, the anniversary date is the Ďactivation dateí as stated on the customerís service schedule

7. Customer Obligation

7.1 The customer agrees not to disclose to any other person, corporation, entity or organization the user identification and password information supplied to the customer by us. The customer is the only person authorized to use the customerís account. Violation of this condition may lead to immediate suspension and/or termination of the account with no refunds, and subject to charges that may apply for early termination of service

7.2 The customer accepts all liability in relation to fees and charges incurred under the customerís user identification and password, and fees and charges incurred due to any required remedial action resultant from the customers non-compliance with this agreement2.5 If the customer chooses to change service plans at any time, we require 30 days written notice in the form of facsimile, email or postal mail, additional charges may apply for alterations of service

7.3 The customer accepts all liability for any and all costs incurred due to the customers failure to adhere to the terms and conditions of web hosting and permitted or prohibited web content, where Speed Internet Services deems necessary to directly remedy a violation of these terms the customer accepts liability for any charges which we charge for the remedial action

8. Indemnity

Any cost incurred to us as a direct result of any unauthorized use, misuse or abuse of the service by the customerís user identification and password, any access through web content via ACL, or any operation of prohibited code or materials, will be charged to the customer and added to the charges otherwise payable. The customer will indemnify and keep indemnified (the agent and) us in respects to any such costs, fees, charges or other expenses. The customer agrees that there are no refunds on any monies paid for any service or connection fee

9. Conditions of Web Content  

9.1 Web content must comply with all applicable Australian laws and regulations

9.2 Web content is permitted to operate scripting (JVScript, VBScript), under no circumstances is it permitted to operate any .exe or coding that emulates .exe function within the web content

9.3 It is expressly forbidden to place urls or coding within web content that sources images or any other content from an external third party source

9.4 If using CGI for form posting it must be configured to the exact settings advised in service schedule

9.5 It is expressly forbidden to configure or operate SSL or IPSec functionality with web content unless you have contracted this as a component of your service and have configured this function exactly as advised in your service contract

9.6 It is expressly forbidden to operate web content which is essentially a bulk file download service

9.7 At all times the customer must ensure that the data contained with their web content directory is only the data required to operate their current website

9.8 It is expressly forbidden to operate any function within web content that provides either a bulk email or anonymous email function

9.9 Web content is not permitted to operate chat room or other such same functionality unless it is operated through the available web forum additional service component

10 Law.
This Agreement is governed by and construed in accordance with the laws of the state of New South Wales.
 

   
       

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