Noro Communications Pty. Ltd. trading
as Dingley.Net ACN 105 873 078 ("We"," Us" or
"Our") will provide you, the customer specified on the
adjacent Application Form ("You" or "Your")
with services in accordance with the following terms and conditions.
1. Definitions
"Account" means a right
to use the Services which is uniquely identified to You and
any Designated User. "Commencement date" means the
date on which We commence providing you with the Services.
"Hacking" means unauthorised entry by any means into
another computer to observe restricted or sensitive information
or to copy or damage information on that computer or interfere
with the use, operation or efficiency of that computer.
"Services" means the internet Services specified by
You in the attached Application Form which We agree to provide
to You, or any other services that We may further agree to provide
to You.
"Supplier" means a supplier of telecommunications
services or other internet services to Us.
"Usage Report" means a report provided to You or Your
connection time to and use of the services which may be included
in any account or invoice for the Services provided by Us to
You.
"Us", "We", or "Our" includes
Our servants, agents, employees, licensees, franchisees, substitutes
or permitted assigns.
2. Services
2.1 We will commence providing You
with Services in conjunction with granting You an Account.
2.2 An Account will be granted to You as soon as possible after
We receive Your Application Form and You pay any fees which
you may be required to pay prior to the granting of the Account.
3. Charges
3.1 You will pay us the price of the
Services by way of credit card, cash or cheque or such other
method of payment as shall be agreed prior to commencement of
supply of Service. If You nominate credit card payment, You
are authorising Us to debit Your card with the amount included
on the adjacent Application Form signed by You as the card signatory.
3.2 You will prepay all fees for the provision of Services on
or before the commence date, for the entire period of usage
of Services.
3.3 Additional fees will be charged for services and/or activities
You ask us to undertake on Your behalf. These fees will be advised
to You at the time You make your request to Us and prior to
Us commencing any work.
4. Duration
This Agreement commences on the Commencement
Date and will remain in force until terminated.
5. Customer Supplied Facilities
or Equipment for Connection to the Services
Unless otherwise agreed in writing
with Us, You are responsible for selecting and maintaining at
Your own expense, any facilities or equipment necessary to enable
You to connect to Our Services.
6. Our Rights
6.1 We may monitor or keep any records
that We deem necessary of Your use of the Service.
6.2 We may add Services, discontinue Services, or make alterations
to current Services at Our discretion, however, We will give
You reasonable prior notification of any such changes.
6.3 We reserve the right to refuse any application for an Account
and You agree that there is no obligation on Us to furnish a
reason for any refusal of an Account.
7. Credit Checks
7.1 You authorise Us to conduct all
relevant credit checks and searches and to use any information
obtained to enable Us to establish Your credit worthiness.
7.2 You agree that We may obtain personal information about
You in relation to Your credit worthiness from any relevant
reporting agency and We may disclose to such agencies any personal
information or other assessment made in relation to Your credit
worthiness.
8. Limitation of Liability
8.1 We cannot and do not warrant or
guarantee that the Services provided with be free of delays
or faults although We will use Our best efforts to restore all
faults within a reasonable time. Accordingly, the use of the
Services is at Your Sole risk and We are not and will not be
liable for any direct or indirect, special or consequential
loss or damage however caused which may be suffered or incurred
by You or which may arise in respect of Your use of or interruption
to the Services.
8.2 All warranties, undertakings, inducements and representations
whether express or implied, statutory or otherwise relating
to the provision of the Services are excluded.
8.3 We take all reasonable steps to ensure that any of Your
data which is held by Us and is confidential remains confidential,
however, We are not and will not be responsible for release
of such data through unauthorised entry to Our system beyond
Our control.
8.4 Where a term condition or warranty is implied by Law, it
is deemed to be included in these terms and conditions, however,
Our liability for breach of such implied term, condition or
warranty will be limited at Our option to supply of the Services
again.
9. Indemnity
Unless otherwise required by law,
You indemnify and shall keep Us indemnified in respect of any
loss or damage, action, claim, suit or proceeding against Us
by any person in respect of the Use by You or a Designated User
of the Services including but not limited to hacking, the transmission
of any illegal, defamatory, misleading, deceptive and/or fraudulent
material which You or a designated User transmit or cause to
be transmitted or downloaded using the Services.
10. Termination
10.1 Either party may terminate this
Agreement by giving 30 days written notice to the other.
10.2 We may terminate this Agreement immediately by notice to
You if You have breached or failed to properly observe these
terms and conditions.
10.3 These terms and conditions will automatically be terminated
in relation to a particular Service or the Services as a whole
if We are unable to provide a Service or Services.
10.4 You remain liable for any charges which may be owing under
this Agreement up to and including the date or termination of
this Agreement.
11. General
11.1 Any notice, approval, consent
or other communication under this Agreement must be in writing
and must be sent to Us or Our duly appointed Agent or Franchise
by hand delivery, post, facilities or electronic mail.
11.2 The parties to this Agreement shall not be liable for any
delay or failure to perform their obligations, except the obligation
to pay any monies validly owing, if that failure or delay is
due to any cause or condition beyond the reasonable control
of that Party.
11.3 The failure or omission of a Party to enforce or require
the strict observance of or compliance with any provision of
this Agreement or exercise any election or discretion under
this Agreement, shall not operate as a waiver of any of those
rights of a party, whether express or implied, arising under
this Agreement. A right created under this Agreement may not
be waived except signed in writing by the Party granting the
waiver.
11.4 We may sub-contract Our performance of this Agreement or
any part of it.
11.5 This agreement is governed by the laws of the State of
Victoria, Australia.
