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Home  Support Terms and Conditions |
Terms and Conditions |
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Agreement |
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This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service by Oghma Pty Ltd t/a Nelson Bay Online.
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Provision of Service |
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Nelson Bay Online shall provide Customer with the Service. The Service shall be generally available 24 hours a day, seven days a week except for service maintenance times or other unforseen events. Unlimited time plan customers may be disconnected if other customers are waiting to connect. They may reconnect again after five minutes. Nelson Bay Online will provide Customer with a Login ID code, password, telephone number and other log-in information that is required to enable connection to the Service. Nelson Bay Online makes no warranties in relation to the service (including warranties as to performance or fitness for a purpose or otherwise); and excludes all liability in tort (including negligence), contract, statute or otherwise for any loss, damage, cost or expense (including loss of profits or anticipated savings, economic loss or any special, indirect or consequential damage), incurred by the Customer or a third party in connection with any act or omission by Nelson Bay Online under or in relation to this Agreement. Where the service is provided via wireless microwave, the service may be effected by the terrain, weather conditions, foliage, electronic interference eg microwave ovens, Bluetooth connected devices, other wireless LAN equipment or any other electronic devices. As the service operates in the unlicensed ISM band, there is no legal protection against this interference with the exception that it is illegal to provide Internet access without a Telecommunications Licence. Hence Nelson Bay Online cannot guarantee the acceptability or continuity of the service.
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VoIP and Wireless Home Phone |
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Nelson Bay Online shall provide Customer with the Service. The Service shall be generally available 24 hours a day, seven days a week except for service maintenance times or other unforseen events. The service requires power at both the customers home and the transmission station to function, if access to Emergency or other numbers is required during this time it is the customers responsibility to ensure they have alternative means of making a call. While it may be possible to call Emergency numbers, the location of the caller may not be registered with the call centre and the customer may need to verify their location with emergency services in order to receive an appropriate response.
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Charges |
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The charges for using the Service are detailed in this Agreement. Nelson Bay Online retains the right to alter these charges from time to time and Customer shall be given one month's written notice, or at the end of the contract period, by letter, facsimile or electronic mail, of any such alterations. Charges may vary in accordance with the amount of data transferred or alternative traffic may be limited to levels acceptable to Oghma Pty Ltd t/a Nelson Bay Online.
Customer agrees to pay the charges via credit card which shall be debited automatically with the registration fee, any hardware and the first months connection fee, with subsequent monthly connection fees at the beginning of each charge period and usage fees at the end of each charge period. Should this credit card number expire or should Nelson Bay Online otherwise be unable to debit valid charges to this credit card number, Nelson Bay Online may immediately and without notice withdraw Customer's access to the Service. Any penalty charges incurred, as a result of Nelson Bay Online processing an expired credit card shall be borne by the customer. If requested by the Customer Nelson Bay Online will send a Tax Invoice for the charges via email at no charge. A charge will be made for printed and posted invoices.
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Customer Responsibilities |
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The Customer agrees to provide telephone line, modem, computer and software or hardware as appropriate and necessary to access the Service. The Customer agrees not to assign or otherwise transfer this Agreement or Customer's rights under it, delegate Customer's obligations or resell or share the Service.
The Customer is responsible for the selection and use of security features, non-disclosure of personal log-in information and back up of any information. Customer is responsible for all use of the Service accessed through Customer's password. Disclosure or loss of log-in information that incur charges or Service misuse is Customer's responsibility and should be reported to Nelson Bay Online as a matter of urgency.
The use of the Service is at Customer's sole risk and is entirely Customer's responsibility. Nelson Bay Online does not monitor or control the content and information accessed via the Service and Nelson Bay Online shall not be held responsible in any way for any content or information accessed via the Service.
In the event that Nelson Bay Online provides optional SPAM and/or virus filtering (additional charges may apply), the customer acknowledges that it is not possible to be 100% accurate with such filtering and the Customer accepts that inappropriate material may get through the filters and also legitimate material may be blocked.
The Customer will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, using the network to make unauthorised entry to any other machine accessible via the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and Usenet news postings.
The Customer agrees to refrain from mass posting of messages to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than, but not limited to, the above.
The Service will not be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws; and / or any unauthorised use of copyright material.
Certain Internet content may contain material, which the Customer may find inappropriate, offensive, inflammatory, or adult in nature. Nelson Bay Online does not endorse such materials and disclaims any and all liability for their contents.
The Customer hereby indemnifies Nelson Bay Online in respect to any loss or damage action claim suit or proceeding against Nelson Bay Online by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any illegal and / or fraudulent material.
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Customer Indemnity |
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The Customer indemnifies Nelson Bay Online against any cost, expense, liability loss or damage (including third party claims) arising out of: The use or attempted use by any person, including the Customer, of the Service. The reproduction, broadcast, use, transmission, communication or making available of any material (including data and information of any sort) by the Customer, using the Service. Any alleged breach of a person’s rights or defamation of a person involving use of the Service; or any breach of any warranty or other clause of this Agreement by the Customer. The Customer’s liability to Nelson Bay Online under the above indemnities is reduced to the extent that Nelson Bay Online’s loss, damage, liability or expense arises from, or is attributable to, any negligent act or omission or wilful misconduct on the part of Nelson Bay Online, Nelson Bay Online's officers, employees, contractors and agents. If the Customer breaches this Agreement it is liable to Nelson Bay Online for its costs (including all legal costs) in exercising its rights in relation to the breach.
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Termination |
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This Agreement shall remain in place until it is terminated by either Customer or Nelson Bay Online by giving one month's written notice after the expiration of minimum contract period applicable to some plans. Nelson Bay Online reserves the right to terminate the Service without notice if the Customer misuses or abuses the Service or where the Customer’s network or equipment is being used or is suspected of being used by a third party for spamming, hacking, denial of service or any other action that is or may be detrimental to the Service or the network. What constitutes misuse or abuse of the Service is determined by Nelson Bay Online.
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Notices |
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All notices to be served on either party be the other shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to the parties hereto at their respective addresses as specified on the Agreement form.
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Help and Support |
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Nelson Bay Online will provide help and support during normal business hours. Any support which requires more than configuration changes, eg. removing viruses or the reinstallation of operating systems, will be charged at hourly rates. All support will be provided by Nelson Bay Online. If the customer directly contacts Telstra or other support organisation, where Nelson Bay Online incurs a charge as a result, these charges will be billed to the Customer at cost plus 10%.
Our Services include free technical support services in the commissioning of the Service(s). Once you have successfully connected to the Internet through us and/or gained the additional service(s) you have purchased from us, we have fulfilled our "free" support obligations to you. Additional support may be provided, but it would be at an additional cost to you in the event that the reported problem is due to faults in your software or hardware and is subject to fair and reasonable use. We cannot provide free support for faults that are outside our system.
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Miscellaneous |
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If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of this agreement. The remaining terms and conditions remain in full force and effect.
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Governing Law |
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This Agreement shall be governed by the laws in force in the New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State.
These Terms and Conditions and subject to change without notice. Last updated March 2011
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