Terms and Conditions
ScoastNet Pty Ltd (ACN 079 642 621)
The use of the Internet dial-up and access service for connection to the Internet provided by ScoastNet Pty Limited are subject to these terms and conditions.
TERMS AND CONDITIONS
1. Definitions
In this Agreement:-
“Agreement” means these terms and conditions, registration applications and price schedules (as varied from time to time
“ScoastNet” means ScoastNet Pty Limited ACN 079 642 621 and its employees, officers and agents; “Customer” means all persons, companies or other entities identified on the application for ScoastNet Internet access;
“InterNet” means the worldwide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol;
“Pricing Schedule” means the schedule of charges (including establishment fees, connection fees, access fees and usage fees) relating to ScoastNet’s provision of the Service in force from time to time;
“Service” means interactive dial-up access to ScoastNet’s gateway to the Internet, other computing and communication services provided to the Customer and the incidental Storage of data.
2. Provision of Service
2.1 Pursuant to this Agreement, ScoastNet:-
(a) will provide the Customer with the Service by such means as ScoastNet determines until this Agreement is terminated;
(b) will provide the Customer will all identification and log-in information required for connection to the Service;
(c) may make changes to the Service interface or functionality and restructure and reclassify information in any way which it believes may maintain or improve the Service.
2.2 ScoastNet is a service provider not a telecommunications carrier and is not liable for telecommunications errors, failures or deficiencies. The use of the Service is at the Customer’s sole risk. ScoastNet does not warrant that the Service will continue or be uninterrupted or free from errors, viruses, worms or other destructive programs.
2.3 The Customer agrees:-
(a) to provide, at its cost, the telephone line, modem, computer, hardware, software and all other equipment required to access the Service;
(b) not to assign, sell, transfer or otherwise dispose of its rights and obligations under this agreement;
(c) to be responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Service;
(d) that the Customer is liable for all fees resulting for use of the Service accessed through the Customer’s identification or login information, whether authorised by the Customer or not. Disclosure or loss of identification or log-in information that results in the incurring of fees or misuse of the Service is the Customer’s responsibility and any such occurrences should be immediately communicated to ScoastNet. A bill presented by ScoastNet shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein;
(e) to take all steps to ensure that any information or data it uploads to or through the Service is free from any virus, worm, trojan horse or other destructive program;
(f) that it is solely responsible for any information or data it receives from or through the Service – ScoastNet recommends that all downloaded material be thoroughly checked for any virus, worm, trojan horse or other destructive program.
2.4 The Customer acknowledges that ScoastNet:-
(a) 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 ScoastNet ‘shall not be held responsible in any way for any content or information accessed via the Service;
(b) has no responsibility to provide training in the use of the Service pursuant to this Agreement.
3. Withdrawal of Access
ScoastNet: reserves the right to immediately, and without notice to the Customer, withdraw the Customer’s access to the Service, if:-
(a) the Customer fails to comply with any provision of this Agreement concerning the payment of any fees including any fees for the connection, administration or usage of the Service by the Customer;
(b) this Agreement is terminated for any reason;
(c) the Customer misuses the Service or fails to comply with the Customer’s obligations as to the use and access of the Service as specified in this Agreement.
4. Customer’s Payment of Charges
4.1 The Customer shall pay the Charges at the rate and in the manner specified in accordance with the Pricing Schedule current at the time the service is provided. The Charges are exclusive of taxes, duties and charges imposed or levied outside Australia or overseas in connection with the supply of the Service but do include GST. ScoastNet: retains the right to vary or change the Pricing Schedule from time to time and will do so by notice pursuant to the terms of this Agreement.
4.2 If payment is to be made by credit card the Customer agrees to pay the fees via the credit card, which shall be debited automatically. If the credit card number expires or ScoastNet: is otherwise not able to debit valid fees to this credit card number, ScoastNet: may immediately and without notice withdraw the Customer’s access to the Service.
4.3 If payment is to be made by cheque, cash, postal note or electronic funds transfer such payment must be made in advance of the connection of the Customer to the Service and be made within 7 days in respect of any ongoing usage fees.
4.4 If payment is not made within 7 days of the invoice date, overdue fees of $5.50 per invoice may be charged without further notice to the Customer
5. Indemnity
The Customer releases and indemnifies ScoastNet:, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against ScoastNet arising out of a breach of this Agreement by the Customer or the negligence of the Customer, its agents, employees or subcontractors or of any other person for whose acts or omissions the Customer is vicariously liable.
5.2 The Customer releases and indemnifies ScoastNet against any action, claim or demand by the Customer’s servants, employees or agents or their personal representatives or dependants arising out the performance of this Agreement.
6. Implied Terms
6. 1 Subject to subclause 6.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
6.2 The liability of ScoastNet for any breach of any condition or warranty implied by law shall be limited, at the option of ScoastNet, to one or more of the following:-
an if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
7. Liability of ScoastNet
7. 1 ScoastNet shall be under no liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred as a result of the use of the Service by any person or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on the part of ScoastNet to comply with its obligations under this Agreement.
7.2 Without limiting the application of clause 7.1, ScoastNet’s liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on the part of ScoastNet to comply with its obligations under this Agreement shall be limited to the one month’s Charges.
8. Termination
8. 1 Without limiting the generality of any other clause in this Agreement, ScoastNet may terminate this Agreement Immediately by notice in writing if
(a) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
(b) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
(c) the Customer, being a natural person, dies; or
(d) the Customer ceases or threatens to cease conducting its business in the normal manner.
8.2 If notice is given to the Customer pursuant to clause 8. 1, ScoastNet may, in addition to terminating the Agreement:
(a) retain any moneys paid;
(b) charge a reasonable sum for work performed in respect of which work no sum has been previously charged;
(c) be regarded as discharged from any further obligations under this Agreement; and
(d) pursue any additional or alternative remedies provided by law.
8.3 Either party may terminate this agreement by 14 days’ notice in writing.
9. Agreement, Variation, Notice
9.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
9.2 ScoastNet reserves the right to vary the terms of the Agreement and the Pricing Schedule at any time. Any variation may be communicated by ScoastNet by any one or more of the following means which shall be deemed to have come to the notice of the Customer no later than the time indicated
- publication of the variations on Scoastnet’s World Wide Web Site http://www.Scoastnet.com.au, which shall be deemed to have come to the notice of the customer 7 days after publication; by other notice given pursuant to this agreement, which shall be deemed to have come to the notice of the customer in accordance with clause 9.5.
9.3 Continued use of the service after notice of the variation will constitute acceptance by the customer of the variation and this Agreement will thereafter continue in full operation to the extent varied.
9.4 This Agreement will be governed by and construed according to the law of New South Wales.
9.5 Subject to any other term providing for notice, notices under this agreement may be delivered by hand, by mail, by facsimile or by E-mail to the most recent address nominated by the party. Notice will be deemed received:
- an in the case of hand delivery, upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party;
- (b) in the case of posting, three days after dispatch;
- (c) in the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission; and
- (d) in the case of E-mail, 24 hours after sending by ScoastNet.