This document sets out the terms of an agreement for the provision of ADSL services by UniSurf Internet to the customer who places an on-line or telephone order for the Service.
1. Definitions
Acceptable Use Policy means the conditions of use applicable to the service as published by UniSurf 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 UniSurf Internet when you place an order for the Service.
Charges means the charges payable by you to Unisurf 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 UniSurf 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).
2. Term and Access Period
2.1 This Agreement starts on the date when you place an order for the Service using the UniSurf Internet on-line sign-up process or the telephone sign-up process.
2.2 Unisurf Internet will start providing the Service to you from the Activation Date for the duration of the Access Period.
2.3 This agreement will automatically be renewed for subsequent periods of one month, starting from the monthly anniversary of the Activation Date, unless:
2.3.1 You give us at least 7 days notice before the end of the current Access Period that you wish to discontinue the service. If you give us less than 7 days notice, we may postpone the date of termination may be postponed by one calendar month; or
2.3.2 We notify you in advance that we wish to discontinue providing the Service to you. We will only do this if:
2.3.2.1 we consider that you have breached these terms and conditions or the Acceptable Use Policy;
2.3.2.2 you disconnect your Phone Connection (including by changing service providers or moving premises); or
2.3.2.3 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.
2.4 Unisurf Internet may adjust the Charges at the beginning of a new monthly period, provided that UniSurf Internet gives you at least 30 days advance notice of any increase.
3. Provision of service
3.1 UniSurf Internet, in accordance with the terms and conditions of this agreement, will provide the customer with the service by such means as Unisurf Internet determines.
3.2 UniSurf Internet will provide the service on a continuous basis during the term of this agreement. UniSurf Internet will inform the customer if the service is unavailable for access by the customer due to maintenance or any other foreseeable factor.
3.3 UniSurf Internet will provide you with all identification and log-in information required for connection to the Service.
3.4 If you wish to change the connection speed for the Service, you must request a change at least 14 days before the end of the current Access Period. The change will take effect at the start of the next Access Period. In addition to any changes in monthly fees, Unisurf Internet will charge a fee of $60 to your credit card at the time you request the change.
4. Customer obligations
4.1 You must provide its own access facilities, including the Phone Connection.
4.2 You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the customer to access the service.
4.3 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 UniSurf Internet.
4.4 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.
5. Use of the service
5.1 You must comply with all reasonable directions by UniSurf Internet regarding the access and use of the Service.
5.2 Throughout the Access Period, you must comply with the Acceptable Use Policy.
5.3 You warrant that in accessing and using the Service you will only use software that you are legally entitled to use.
5.4 You acknowledge that UniSurf 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 UniSurf Internet will not be held responsible in any way for any content or information accessed via the Service (except where UniSurf Internet actually provides such content or information).
5.5 UniSurf Internet disclaims all or any liability for any material on the Internet that you may find offensive, upsetting, defamatory or personally offensive.
5.6 You must not access, nor permit any other party to access, the Service for any purpose or activity of an illegal or fraudulent nature.
5.7 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.
5.8 You are responsible for preparing and maintaining sufficient back-up files and data storage capacity for all your data including electronic messages.
5.9 UniSurf Internet has no responsibility to provide training in the use of the service pursuant to this agreement.
6. Charges
6.1 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:
6.1.1 Charges for any set-up fee and provision of the Service during the Access Period will be refunded within 10 business days;
6.1.2 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.
6.2 UniSurf 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:
6.2.1 you have provided correct credit card details to us; and
6.2.2 there are sufficient funds on your credit card at the time when payments are deducted.
6.3 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.
6.4 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.
6.5 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.
6.6 Except as required by relevant legislation, or as set out in this clause, no Charges will be refunded to you.
7. Continuous service
UniSurf Internet will use reasonable commercial endeavours to provide the Service continuously. However, UniSurf 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 that there may be a reduction in availability during periods of maintenance and enhancement of the Service.
8. Existing Phone Connection
8.1 You agree and acknowledge as follows:
8.1.1 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.
8.1.2 If you do not currently purchase your standard phone service from Telstra or a Telstra reseller, then UniSurf Internet is unable to provide the Service to you at this time.
8.1.3 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. Unisurf Internet is not obliged to refund any of the fees you have paid in these circumstances.
8.1.4 If you move premises, this will be treated by UniSurf Internet as a disconnection. You may then apply for a new connection at your new premises.
8.2 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.
8.3 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 splitters, filters and network termination devices, to ensure that these services continue to operate when an ADSL service has been installed.
8.4 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.
9. Indemnity
You release and indemnify UniSurf Internet, its servants and agents against all actions, claims and demands which may be instituted against UniSurf 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.
10. Implied Terms
10.1 Subject to clause 9.2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded.
10.2 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 UniSurf Internet for any breach of such condition or warranty shall be limited, at the option of UniSurf Internet, to one or more of the following:
10.2.1 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
10.2.2 if the breach relates to services:
-
the supplying of the services again; or
-
the payment of the cost of having the services supplied again.
11. Liability of UniSurf Internet
Except in relation to liability for personal injury (including sickness and death), the aggregate liability of UniSurf 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 UniSurf Internet in the Access Period during which the liability arises.
12. Termination
12.1 In addition to the rights of the parties not to renew this agreement in accordance with clause 2.3, UniSurf Internet may terminate this agreement immediately if:
12.1.1 you breach any of your obligations and the breach continues for more than 5 days after we have given you notice of the breach;
12.1.2 (if you are an individual), you become bankrupt or insolvent;
12.1.3 (if you are a company), you become insolvent, or an administrator, receiver or liquidator is appointed;
13. Events Beyond UniSurf Internet's Control
13.1 To the extent permitted by law, UniSurf 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 UniSurf Internet. In particular (but without limitation) you acknowledge that:
13.1.1 continuity and connection speed of your Internet access depends on a wide range of factors, many of which are beyond the control of UniSurf Internet;
13.1.2 UniSurf Internet has no control over the accuracy or appropriateness of any information on the Internet;
13.1.3 UniSurf Internet is not responsible for any software available on the Internet;
13.1.4 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.
13.1.5 Connection speeds at the maximum theoretical speed of your equipment and the Service plan you purchase may not be achievable in practice.
14. IP Addresses
Any IP Address allotted to you by UniSurf Internet, whether as a static address or dynamically allocated:
14.1 remains the sole property of UniSurf Internet;
14.2 may be changed or revoked by UniSurf Internet at its discretion at any time; and
14.3 is not transferable.
15. Consumer Protection
15.1 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.
16. Notices
16.1 UniSurf Internet relies on email as its primary means of communication. UniSurf Internet will send notices to you by email as follows:
16.1.1 If you are a current customer of UniSurf Internet and your account is not suspended, the email will be sent to your primary UniSurf Internet user address;
16.1.2 If you are not a current customer of UniSurf Internet but you provide UniSurf Internet with an email address, UniSurf Internet will send notices to that address;
16.1.3 If you do not have an email address (or your Unisurf address is suspended), Unisurf Internet will make reasonable efforts to contact you by phone or mail.
16.2 If UniSurf Internet sends a notice to you by email, it is deemed to be received by you at the time that the communication leaves UniSurf Internet's email servers or arrives in your UniSurf Internet mail box, unless UniSurf Internet receives an automatic notification of non-delivery within 24 hours.
16.3 You may send notices to UniSurf Internet:
16.3.1 By email to info@unisurf.com.au
16.3.2 By mail to PO Box 7122, Melbourne VIC 8004
16.3.3 By fax to 03 9868 9900
16.3.4 For some types of notices (such as changes in credit card details and contact details), UniSurf Internet may make on-line forms available to you from your Account Management web page.
17. Law
The laws of Victoria, Australia govern this Agreement and the parties submit to the non-exclusive jurisdiction of the laws of that state.
UniSurf Residential ADSL Acceptable Use Policy
1. About the Policy
As part of our aim to provide a quality service at a reasonable price to all our users, we have implemented this Policy to ensure that each subscriber's use of the Service:
2. When this Policy comes into effect
You must keep confidential the password you use to subscribe to the Service. You remain responsible for any use of the Service made using your password.
You must not attempt to obtain unauthorised access to any computer system, including unauthorised access to UniSurf Internet's system (for example, by attempting to use the account of another user).
You must not participate in any attempt to cause any computer system (including UniSurf Internet's system) to malfunction, whether by way of viruses, worms, trojan horses, denial of service attacks or otherwise.
4. Illegal and infringing use
6. Electronic Mail
Copyright 2003 - Unisurf Internet Pty Ltd