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Speed Internet
Services Customer Agreement
[effective from
1/1/2020]
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.
The e-mail servers may reject any single e-mail greater than 4 Megabytes.
A once off connection fee of $165.00 including GST for ADSL
and NBN plans may be applicable, which includes our
NBN Modem,and 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:
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 to connect to our 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 written media, e-mail or fax.
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 5/07/20 your billing date becomes the
5th of the month.
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 $65.00 connection fee for ADSL/NBN services. A $2.75 account keeping fee
may 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 and our afiliates 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
customer’s 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 ‘activation
date’ as stated on the customer’s
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 customer’s
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 customer’s user identification
and password, and fees and charges
incurred due to any required remedial
action resultant from the customers
non-compliance with this agreement. If
the customer chooses to change service
plans at any time, we require 30 days
written notice in the form of facsimile,
e-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 customer’s 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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