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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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