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SOFT-TECH
INTERNET ADSL TERMS & CONDITIONS
This document sets out the terms of an agreement for the
provision of ADSL services by Soft-Tech Internet to the
customer who places an order for the Service.
DEFINITIONS
Acceptable Use Policy means the conditions of use
applicable to the service as published by Soft-Tech Internet
from time to time.
Access Period means a renewable period of one
calendar month, starting from the Activation Date.
Activation Date means the date that the Service is
available for use by you, provided that we have given you
advance notice of this date.
ADSL Hardware means hardware, including ADSL modems
and line filtering equipment, which you order from Soft-Tech
Internet when you place an order for the Service.
Charges means the charges payable by you to Soft-Tech
Internet pursuant to this agreement, as set out to you at
the time you place an order for the Service.
Internet means the worldwide connection of computer
networks providing for the transmittal of data by methods
including electronic mail, the World Wide Web and other data
transmission protocols.
Phone Connection means a standard telephone service
purchased by you in your name from Telstra or a reseller of
Telstra and connected to the Telstra public
telecommunications network.
Service means permanent ADSL connection access to
Soft-Tech Internet's connection to the Internet, the
provision of a back-up dial up connection for those times
when an ADSL connection is unavailable, the provision of
email facilities and space on our World Wide Web server as
set out in the description of the plan that you order.
World Wide Web means a method of representing and
obtaining graphical and other data and linking data items
used by Internet users.
You means the customer who enters into this agreement
(the customer must also be the account-holder of the
standard telephone service which is to be connected to the
Service).
TERM AND ACCESS PERIOD
This Agreement starts on the date when you place an order
for the Service using the Soft-Tech Internet on-line,
telephone or postal application sign-up process.
Soft-Tech Internet will start providing the Service to you
from the Activation Date for the duration of the 6 month
minimum connection period and thereafter on a monthly basis.
This agreement will automatically be renewed for subsequent
periods of one month, starting from the monthly anniversary
of the Activation Date, unless:
You give us at least 14 days notice before the end of the
current Access Period that you wish to discontinue the
service. If you give us less than 14 days notice, we may
postpone the date of termination by one calendar month; or
We notify you in advance that we wish to discontinue
providing the Service to you. We may do this if:
we consider that you have breached these terms and
conditions or the Acceptable Use Policy;
you disconnect your Phone Connection (including by
changing service providers or moving premises); or
we are no longer able to supply the Service to you
because our arrangements with our suppliers have ended and
we have been unable to source alternative arrangements.
Soft-Tech Internet may adjust the Charges at the beginning
of a new monthly period, provided that Soft-Tech Internet
gives you at least 30 days advance notice of any increase.
PROVISION OF SERVICE
Soft-Tech Internet, in accordance with the terms and
conditions of this agreement, will provide the customer with
the service by such means as Soft-Tech Internet determines.
Soft-Tech Internet will provide the service on a continuous
basis during the term of this agreement. Soft-Tech Internet
will inform the customer if the service is unavailable for
access by the customer due to maintenance or any other
foreseeable factor.
Soft-Tech Internet will provide you with all identification
and log-in information required for connection to the
Service.
Changes to the connection speed and account type for the
Service can be made upon request. The changes will take
effect as soon as practical and the account fees adjusted on
a pro rata basis for the difference in the new Access
Period. In addition to any changes in monthly fees,
Soft-Tech Internet will charge a fee of $55 to your credit
card at the time you request the change.
CUSTOMER OBLIGATIONS
You must provide your own access facilities, including the
Phone Connection.
You are responsible for maintaining the secrecy and
confidentiality of all identification and log-in information
required by the customer to access the service.
You agree not to disclose to any other person, corporation,
entity or organisation any identification or log-in
information, whether in use or not, nor any other
confidential information relating to the service or
Soft-Tech Internet.
You are liable for all fees resulting from use of the
service accessed through your identification or log-in
information, whether authorised by you or not.
USE OF THE SERVICE
You must comply with all reasonable directions by Soft-Tech
Internet regarding the access and use of the Service
throughout the Access Period, you must comply with the
Acceptable Use Policy and our General Terms & Conditions.
You warrant that in accessing and using the Service you will
only use software that you are legally entitled to use.
You acknowledge that Soft-Tech Internet does not and cannot
in any way supervise, edit or control the content and form
of any information or data accessed through the Service and
Soft-Tech Internet will not be held responsible in any way
for any content or information accessed via the Service
(except where Soft-Tech Internet actually provides such
content or information).
Soft-Tech Internet disclaims all or any liability for any
material on the Internet that you may find offensive,
upsetting, defamatory or personally offensive.
You must not access, nor permit any other party to access,
the Service for any purpose or activity of an illegal or
fraudulent nature.
You will not reproduce, distribute, transmit, publish, copy,
transfer or commercially exploit any information accessed
through or received from the Service that would infringe the
intellectual property right of any person.
You are responsible for preparing and maintaining sufficient
back-up files and data storage capacity for all your data
including electronic messages.
Soft-Tech Internet has no responsibility to provide training
in the use of the service pursuant to this agreement.
CHARGES
You must pay the charges at the rate and in the manner
specified in the plan description for the plan you ordered.
Payment for any set-up fee, the provision of the Service in
the first Access Period and for any ADSL Hardware you order
must be made at the time you order the Service. If we later
determine that we are unable to provide the Service to you,
we will refund Charges as follows:
- Charges
for any set-up fee and provision of the Service during
the Access Period will be refunded immediately;
- Charges
for any ADSL Hardware will be refunded to you when we
receive the ADSL Hardware from you, provided that such
hardware is undamaged, in its original packaging and in
saleable condition.
Soft-Tech
Internet will automatically charge your credit card for
Charges in subsequent months, 3 days before the payment is
due. It is your responsibility to ensure that:
- you
have provided correct credit card details to us; and
- there
are sufficient funds on your credit card at the time
when payments are deducted.
If
a credit card transaction is declined for any reason (other
than a failure in our or our financial institution's payment
processing systems), we will suspend your account at the end
of the current Access Period. As well as suspending your
account, we may terminate this Agreement if Charges remain
outstanding beyond the end of any Access Period for which
you have paid. We will make reasonable efforts to contact
you to inform you that a credit card transaction has been
declined.
Until we terminate this Agreement, we may continue trying to
debit your credit card even though a previous attempt was
declined. We may also impose a reasonable processing fee for
declined credit card transactions, provided we have given
you prior notice of this fee.
If you make payment of a Charge while your access to the
Service is suspended, we will enable your access to the
Services as soon as possible. We are not liable to refund
any Charges for the period of any suspension.
Except as required by relevant legislation, or as set out in
this clause, no Charges will be refunded to you if you
request disconnection of the Service after the Activation
Date.
CANCELLATION FEES
Once the application has been accepted, refunds are not
available on the activation fee of $125 and in addition a
$99 cancellation fee will apply.
CONTINUOUS SERVICE
Soft-Tech Internet will use reasonable commercial endeavours
to provide the Service continuously. However, Soft-Tech
Internet makes no guarantees that access will be available
at all times and, to the extent permitted by law, will not
be liable for any losses whatsoever that may be incurred as
a result of the unavailability of the Service. You
acknowledge there may be a reduction in availability during
periods of maintenance and enhancement of the Service.
EXISTING PHONE CONNECTION
You agree and acknowledge as follows:
- The
Service can only be provided to you if the cable that
runs between your premises and the nearest exchange is
owned by Telstra. This means that you must purchase a
standard telephone service from Telstra or a reseller of
Telstra in order to receive the Service.
- If
you do not currently purchase your standard phone
service from Telstra or a Telstra reseller, then
Soft-Tech Internet is unable to provide the Service to
you at this time.
- If,
after you start receiving the Service, your standard
phone service becomes disconnected, you move premises,
or you transfer your phone services to someone other
than Telstra or a Telstra reseller, this may mean that
you will be unable to receive the Service. Soft-Tech
Internet is not obliged to refund any of the fees you
have paid in these circumstances.
- If
you move premises, this will be treated by Soft-Tech
Internet as a disconnection. You may then apply for a
new connection at your new premises.
Some
services offered by your telecommunications service provider
or another person may not be compatible with the Service.
This includes, for example, Telstra's "Easycall
Multiple Number" and "Faxstream Duet"
services.
The installation of the service on your Phone Connection may
interfere with other services you receive, such as
back-to-base security monitoring services. It may be
necessary to install additional equipment, such as a central
line splitter, filters and network termination devices, to
ensure that these services continue to operate when an ADSL
service has been installed.
You must inform any provider of monitoring services that
installation of the ADSL service may cause temporary
interruption of monitoring services and that installation of
additional equipment may be required.
INDEMNITY
You release and indemnify Soft-Tech Internet, its servants
and agents against all actions, claims and demands which may
be instituted against Soft-Tech Internet arising out of a
breach of this agreement by you or arising out of an act or
omission by any other person for whose acts or omissions you
are vicariously liable.
IMPLIED TERMS
Any condition or warranty which would otherwise be implied
in this agreement is hereby excluded.
Where legislation (such as the Trade Practice Act 1974 and
state fair trading legislation) implies in this agreement
any condition or warranty, and that legislation avoids or
prohibits provisions in a contract excluding or modifying
the application of or exercise of or liability under such
condition or warranty, the condition or warranty will be
deemed to be included in this agreement. However, to the
extent permitted by such legislation, the liability of
Soft-Tech Internet for any breach of such condition or
warranty shall be limited, at the option of Soft-Tech
Internet, to one or more of the following:
- if
the breach relates to goods:
- the
replacement of the goods or the supply of equivalent
goods;
- the
repair of such goods;
- the
payment of the cost of replacing the goods or of
acquiring equivalent goods; or
- the
payment of the cost of having the goods repaired; and
- if
the breach relates to services:
- the
supplying of the services again; or
- the
payment of the cost of having the services supplied
again.
LIABILITY OF SOFT-TECH INTERNET
Except in relation to liability for personal injury
(including sickness and death), the aggregate liability of
Soft-Tech Internet to the customer in connection with this
agreement (whether in contract, tort including negligence,
under statute or otherwise) in respect of any loss or damage
(including consequential loss or damage) is limited to the
Charges received by Soft-Tech Internet in the Access Period
during which the liability arises.
TERMINATION
In addition to the rights of the parties not to renew this
agreement in accordance with the paragraph "Term and
Access Period", Soft-Tech Internet may terminate this
agreement immediately if:
- you
breach any of your obligations and the breach continues
for more than 5 days after we have given you notice of
the breach;
- (if
you are an individual), you become bankrupt or
insolvent;
- (if
you are a company), you become insolvent, or an
administrator, receiver or liquidator is appointed;
EVENTS BEYOND SOFT-TECH INTERNET'S CONTROL
To the extent permitted by law, Soft-Tech Internet will not
be liable for any defect in the provision of the Service
which is caused by a reason beyond the reasonable control of
Soft-Tech Internet. In particular (but without limitation)
you acknowledge that :
- continuity
and connection speed of your Internet access depends on
a wide range of factors, many of which are beyond the
control of Soft-Tech Internet;
- Soft-Tech
Internet has no control over the accuracy or
appropriateness of any information on the Internet;
- Soft-Tech
Internet is not responsible for any software available
on the Internet;
- Your
Internet access may be interrupted or slowed by a
variety of factors, including, but not limited to,
equipment failure, the need for routine maintenance, and
peak demand.
- Connection
speeds at the maximum theoretical speed of your
equipment and the Service plan you purchase may not be
achievable in practice.
IP ADDRESSES
Any IP Address allotted to you by Soft-Tech Internet,
whether as a static address or dynamically allocated:
- remains
the sole property of Soft-Tech Internet;
- may
be changed or revoked by Soft-Tech Internet at its
discretion at any time; and
- is
not transferable.
CONSUMER PROTECTION
Pursuant to Australian state and federal consumer protection
legislation, you may have additional rights beyond those set
out in these Terms and Conditions. Also, such legislation
may imply additional terms or warranties in these Terms and
Conditions which cannot be varied. Nothing in these Terms
and Conditions is intended to be inconsistent with, or vary,
such rights, terms or warranties.
NOTICES
Soft-Tech Internet relies on email as its primary means of
communication. Soft-Tech Internet will send notices to you
by email as follows:
- If
you are a current customer of Soft-Tech Internet and
your account is not suspended, the email will be sent to
your primary Soft-Tech Internet user address;
- If
you are not a current customer of Soft-Tech Internet but
you provide Soft-Tech Internet with an email address,
Soft-Tech Internet will send notices to that address;
- If
you do not have an email address (or your Soft-Tech
address is suspended), Soft-Tech Internet will make
reasonable efforts to contact you by phone or mail.
If Soft-Tech Internet sends a notice to you by email, it is
deemed to be received by you at the time that the
communication leaves Soft-Tech Internet's email servers or
arrives in your Soft-Tech Internet mail box, unless
Soft-Tech Internet receives an automatic notification of
non-delivery within 24 hours.
You may send notices to Soft-Tech Internet:
By email to accounts@st.net.au.
By mail to GPO Box 3078, BRISBANE QLD 4001
By fax to 1300 732 702.
For some types of notices (such as changes in credit card
details and contact details), Soft-Tech Internet may make
on-line forms available to you from your Account Management
web page.
LAW
The laws of Queensland, Australia govern this Agreement and
the parties submit to the non-exclusive jurisdiction of the
laws of that state.
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