Techsus Terms of Use.

 

Techsus Pty Ltd Terms and Conditions

Definitions
"Techsus” or "We" refers to Techsus Pty Ltd., its subsidiaries and affiliates.
"Service" refers to the services provided by us and subscribed to by you and may include, but is not limited to, dial-up and Techsus WDSL Internet access, Domain Name registration, Website Hosting and Commercial Internet Services.
"You" refers to the person(s) or organization that uses or subscribes to Techsus’ Services.

General
This Agreement sets forth the Terms and Conditions that apply to use of the Service by you. By using the Service, you agree to comply with all of the Terms and Conditions set out in this document.

We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding/subtracting fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.

Term and Termination
The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term on a three monthly basis unless terminated by either of us in accordance with these Terms and Conditions.

If, within an agreement of a fixed duration, you are benefiting from a promotional price, that is to say a rate that is less than the usual monthly rate for the same service, you may not terminate your agreement before the end of the fixed term. All charges shall be paid in advance, upon receipt of your first invoice. Upon the expiration of your agreement, your service shall automatically renew for the same term at the regular price, unless you give us a written notice, at least 30 days in advance. If you choose to cancel the agreement prior to the expiration date, the regular price will be applied retroactively from the start of your subscription. You shall be reimbursed on pro rated basis of your remaining prepaid charges.

If you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service. You must provide us with not less than five (5) days' written notice prior to the next billing date to advise us of your decision to terminate the Service agreement.

No refunds will be given for partial terms or for any initial installation fee.

We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.

Your Responsibilities
While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for your and your authorized users' use of the Service.

You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service.

Privacy
We collect and use personal information about you and your use of our Services ("Information"):
(i) to consider initiating and to initiate, maintain and develop our relationship with you in connection with our offering and servicing of products and services;
(ii) to administer billing and accounting services and security measures in relation to your business with us;
(iii) to monitor your customer history, evaluate your credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus;
(iv) to promote and to market additional products, goods and services offered by us, including by means of direct marketing; and
(v) to comply with legal and regulatory requirements.

You consent to our collection from, verification with, communication to, any third party and our and their use of, Information for these purposes. You authorize these parties to give us the Information. You acknowledge that your name, address and telephone number are not considered confidential Information and may be disclosed by us. In addition, you agree that we may disclose Information to:
(i) any person who, in our reasonable judgement, is seeking the Information as your agent; or
(ii) a person involved directly or indirectly in supplying the Service to you, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to you, and provided that person is required to keep such Information confidential; or
(iii) a person retained by us to collect amounts which you owe us or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.

We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you. You understand and agree that, unless we are notified in writing (letter, email or facsimile) to the contrary, we are further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to your dealings with us and our Service.

Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the Privacy policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by you of the modified Privacy Policy.

Equipment
Should you undertake rental equipment from Techsus Pty Ltd You shall maintain all rental equipment in good working order, reasonable wear and tear from normal use is excepted. You shall bear all risk of loss for rental equipment while in your possession. We reserve the right to charge you all costs relating to the repair or replacement of damaged or lost rental equipment.

You will not disturb, alter, or tamper with our equipment. You will be responsible for any to or caused by our equipment. You will safeguard the equipment from injury or damage and will not permit anyone other than our representative to perform any work on the said equipment.

Our equipment is to be used only at the service address set out in the Agreement and you agree that the equipment will not be removed to another address, loaned, rented, assigned or transferred to any third party without our prior written consent.

You shall supply and replace, at your expense, any batteries required for operation of our equipment.

You hereby grant us reasonable access to the service address premises to install, inspect, service or remove our equipment. Labour, parts, and/or administration fees may apply. Proper identification will be provided on request. Rental charges for equipment will continue until access is gained by us to complete cancellation/pick-up of equipment or until you return the equipment to our premises.

Warranty
Under normal use and conditions, we warrant any purchased equipment against defects in material or workmanship in normal use for six (6) months from date of purchase. (Lightning Strikes are not covered by warranty)

Your sole remedy for breach of this warranty is that we will replace any defective rental equipment.

We and our third party installers warrant that all work which is necessary for the proper installation, maintenance, repair and replacement of the Services shall be carried out in a good workmanlike manner, shall comply with all applicable laws, regulations, by-laws, orders, rules and ordinances of any competent authority, shall be subject to our supervision and shall be performed only by persons we approve or designate.

To the extent that damage to your property or that of others is caused directly by the installation and/removal by our equipment, you agree to provide us written notice of such damage within fourteen (7) days of our attendance at your premises. Upon receiving written notice from you, we shall dispatch authorized personnel to your premises to inspect the damage, and if we are satisfied that we caused such damage, we shall, perform necessary remedial work to restore your property to its original condition. If your notice is not received within the Seven (7) day period, you are deemed to have accepted the condition of your property without any further right to claim damages against us.

In any event, we shall not be liable for any indirect or consequential damages whatsoever resulting from the installation and/or removal of our equipment from your premises or from the presence of our equipment on your premises.

Service Rates
The prices for the Service are made available on our website and are subject to change.

Invoices
We will invoice you Quarterly or monthly, in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.

You must bring invoice inquiries and disputes to our attention within 14 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.

Payment Terms
Invoices are due on the date specified on the invoice. Payment shall be made by credit card (Visa, Master Cards and Direct Debit, Cheque) or pre-authorized payment. Should a payment be rejected, by your financial institution, for any reason, you will be charged a fee of $25.00.

Service Interruption
We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for:
(i) any such suspensions of Service;
(ii) the termination of Service pursuant to these Terms and Conditions;
(iii) suspension or termination of Service due to your non-payment of amounts or deposits due;
(iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you;
(v) your inability to access any Services; or
(vi) suspension or termination of the Service for any other reason at our sole discretion.

Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is neither warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.

Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.

Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Techsus"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Techsus is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Techsus has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.

Your Indemnification of Techsus Pty Ltd.
You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.

Relationship
The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.

Inurement/Assignment
These Terms and Conditions are binding upon, and shall ensure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.

Notice
Any notice by you to us shall be submitted in writing by e-mail to: info@techsus.com.au for Residential customers and Business customers. Please visit our website www.techsus.com.au for additional contact information.

Force Majeure
Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.

Unenforceable Provisions
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.


Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the state in which your designated billing address is situated, and the Federal laws of Australia applicable in said state.
The Service originates in Queensland Australia and is directed to residents of Queensland.

You may be subject to other local and national laws. Visit our web page www.techsus.com.au, a link to the laws pertaining to Internet services and uses is provided.

Waiver
No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.

Note:
Product names and terms used throughout these Terms and Conditions are registered or pending trademarks of, or are licensed by Techsus Pty Ltd. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.


Internet Service Terms & Conditions


End User
You warrant that you are the end user of the Internet Service provided under this Agreement.

Manner of Use
You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service or the custom, Netiquette and user etiquette in place from time to time. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of the your authorized users or other third parties to do, any of the following:
Disclose private communications or disclose confidential information without permission to parties other than the intended recipient;
Restrict or inhibit any other user from using and enjoying the Internet;
Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law;
Impersonate another person when posting or transmitting messages;
Choose a user name for your Email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;
Choose a user name for your Email address which is libellous, defamatory, obscene, threatening, abusive or hateful;
Post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
Falsify user information provided to us or to other users of the Service in connection with the use of our Service;
Multiple logins, including, without limitation, logging in simultaneously from home and office, unless expressly provisioned through specific Internet access service packages;
Engage in account sharing, including, without limitation, permitting third parties to use your Internet access;
Unauthorized attempts to use or gain access to any account or computer resource not belonging to you;
Use any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;
Use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;
Engage in any activities that will cause a disruption of the Services (e.g. synchronized number sequence attacks) to other users and/or their end-users;
Engage in any activities that will damage the systems of, or cause a disruption of Internet services to, third parties;
Spamming or other advertising that is objectionable to us in our sole discretion, including, without limitation, sending unsolicited mass e-mailings to more than twenty-five (25) Email users, if such unsolicited e-mailings provoke complaints from the recipients or posting a single article or advertisement to more than ten (10) Usenet or other news groups or forums;
Posting to any Usenet or other news group, forum, Email mailing list or other similar group or list articles which are off-topic according to the Charter or other published FAQ, or description of the group or list;
Use the Services in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity;
Use the Services to post or transmit any chain letter, or letters or messages that offer a product or service based on the structure of a chain letter;
Engaging in any of the foregoing activities using the service of another access provider, but channelling such activities through a Company account or re-mailer, or using a Company account as a mail drop for responses; and
Use the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network.

Remedial Actions for Internet Abuse
We consider the above practices to constitute abuse of both our Internet Service and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices will result in immediate termination of your account. We reserve the right to define, in our sole discretion, conduct that violates the above provisions and guidelines and to deny access at any time to users who breach the above rules or cause other abuses that are disruptive to our subscribers. We reserve the right to implement and take legal and technical steps to prevent unsolicited bulk Email or other unauthorized Email from entering, utilizing or remaining within our proprietary computers and computer network. If we receive complaints from third parties against you for spamming, sending unsolicited mass Emailing or any other form of Internet abuse, we reserve the right to charge you with an administrative fee for such complaints received by us. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. Our failure to enforce these policies in every instance does not amount to a waiver of any of our rights.

Warning about Sexually Explicit Materials
YOU ACKNOWLEDGE THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH YOU MAY OTHERWISE DEEM OFFENSIVE. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK. WE BEAR NO RESPONSIBILITY WHATSOEVER FOR THE EXISTENCE OF SUCH MATERIALS NOR FOR THE ACCESS TO ANY SUCH MATERIALS WHICH MAY BE MADE USING OUR SERVICE. WE ENCOURAGE YOU TO TAKE AN INTEREST IN YOUR CHILD'S ACTIVITIES ON THE INTERNET AND TO LIMIT ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.

Parental Filters (Available August 2006)
We will be providing a parental filter with our Internet package, which allows you to control the content and portions of the Internet that your child has access to. However, you should not rely on the parental filter as the only means to control the content to which your child may have access. We shall have no any liability whatsoever for any failure of performance of the parental filter.

Privacy and Security
We cannot ensure or guarantee privacy for users of our Internet Service and recommend that our Internet Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at your sole risk, and we shall have no liability in connection therewith.

Commerce over the Internet
When making purchases or other transactions using our Internet Service, you may be required by the merchant, information provider or service provider to supply personal information including credit card information or other means of payment. We are in no way responsible for any charges you may incur when making purchases or other transactions in this manner.

You understand that you and your authorized users may access the Internet through the Service. You further understand that Techsus and its suppliers do not operate or control the Internet in any way. All merchandise, information and services offerings, made available or accessible on the Internet, are offered, made available or accessible by third parties who are not affiliated with us.

Monitoring
We have no obligation to monitor our Internet Service. Your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by us. Further, we cannot and do not screen content provided by users of our Internet Service.

Despite the foregoing, you agree that we have the right to monitor our Internet Service electronically from time to time, to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our Services properly, or to protect ourselves or our subscribers. We will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private electronic email message unless required by law. We reserve the right to refuse to post or to remove any information or materials in whole or in part, to refuse access to websites that, in our sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.

Term
The initial term for the Service shall be for twelve (12) months. You may be required to commit to a longer term and pricing discounts may be made available to you for such longer-term commitment. At the end of the initial term, accounts automatically renew on a six monthly basis unless terminated by either of us in accordance with these Terms and Conditions.

Invoices and Payment Terms
We may send any invoices to you by mail, Email or fax, and you agree to accept these as our duly issued invoices.

If you are a residential customer, you may request for an invoice statement, which will be sent to you by Email. You may request for an invoice statement by mail or facsimile at an additional charge.

We may require the first and last month's charges to be paid in full, and in advance, by the same method of payment as the remainder of the term is to be paid (i.e. Visa, MasterCard or cheque). For ALL Accounts, the LAST month paid (in advance) is non-refundable.


Unlimited Access Accounts
Unlimited access accounts are both dedicated and non dedicated connections. We reserve the right to restrict bandwidth during peak periods when an account has exceeded a reasonable limit of 12Gb in a one-month period.

Cancellation of Internet Account
Accounts may be cancelled within the first 7 days of sign up (including the date of sign-up) upon written notice delivered and received by us. Upon receipt of the notice of cancellation of account within the first 7 days, a full refund will be issued to you and your account will be cancelled immediately. In case of an Internet account that is cancelled after the 7day money-back guarantee period, no refund will be issued to you.

After the first 7 days, accounts may be cancelled upon written notice delivered and received by us. Accounts that are paid for on a quarterly basis will be set to expire on the next billing date.

Personal Web Page
If you are an Internet connectivity customer, you may be entitled to a certain amount of free web space to be used for your personal web page. Upon your request, we will make the web space available so that you may create a web page on it and use it as your personal homepage for the express purpose of transmitting information to others over the Internet. Personal Web Pages are for personal use only and must not be used for commercial purposes. If you use the server for commercial use, your account may be suspended or revoked at our discretion.

As we have no way of ensuring that only adults are able to view your pages through the Internet, we do not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be placed on a personal web page.

Further, you are not permitted to distribute material promoting hatred against individuals or groups or any content, which is deemed illegal under the laws of Australia.

We reserve the right to decline requests for web space rentals and to cancel any account at our discretion.
You are also not permitted to distribute material promoting any form of network abuse, such as bulk Spam mailers, sniffers, or hacking tools.


Domain Name Registration
When you register a domain name, Techsus will set up, free of charge, an "Under Construction" page that provides links to our products and services, until such time you create your own website. Further information on packages, pricing and features can be obtained by contacting us at info@techsus.com.au

E-mails and Storage
With your Internet subscription, Techsus Pty Ltd offer up to 10 Mb of storage on Techsus' e-mail servers. This storage space is for mail that has not yet been delivered (read by the customer). It is not intended for storing mail that you have already received (read). That material should be stored on your computer.
Techsus reserves the right to delete emails if the email account contains emails that have been left on our servers for over 3 months or if the email account surpasses 10 MB in size and has been left on our server for more than 14 consecutive days. Techsus, may at its sole discretion, delete those files in order to respect the storage capacity limit. Techsus will not be responsible for any lost content.

Password and/or User ID Modifications
Upon request, we will modify your account's Password and/or User ID at a cost of $5.00 per modification.

Equipment
The equipment required to access and use the Internet Service may change from time to time. You understand and acknowledge responsibility to ensure that your equipment meets the latest minimum requirements stated by us as being necessary to use the Internet Service. Accordingly, should your equipment no longer be adequate to access the Internet Service, you must upgrade and/or replace your equipment at your own cost and expense. You expressly agree and acknowledge that, should you decide to forego upgrading and/or replacing your equipment, your sole recourse will be the cancellation of the Service as and from the date of notice as provided in this Agreement.


Limitation of Liability
Neither we nor our suppliers warrant that the Internet Service will be uninterrupted or error free or that any information, software, or other material accessible on the Internet is free of viruses, worms, Trojan horses or other harmful components.

You assume all responsibility and liability with respect to mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

Techsus Pty Ltd’s Right to Discontinue Service
We reserve the right to cancel the provision of our Internet Service to you at any time without notice and at our sole discretion. Without limitation, if you modify, alter, reverse engineer, de-compile, disassemble or create derived works based on our proprietary network protocols or software provided by us, your action(s) will constitute Service abuse and we will have the right to immediately terminate the account without limiting any other recourse we may wish to pursue against you in respect of such infringements and illegal activity.

All user names associated with the Internet Service shall remain our property and we may, at any time at our sole discretion, require you to change your user name.

Customer Acceptance of Terms and Conditions
You automatically accept all of the Terms and Conditions as stated herein by installing the Internet access connection kit into your home or business. You also accept these Terms and Conditions by accessing the Internet and commencing and continuing to use the Internet through any of the Service provided herein. You further agree to abide by all of the rules which may be changed by us from time to time by notice published on our website, sent by email or by fax to you