OneNetwork
These General Terms set out the terms and conditions required by OneNetwork to apply to each individual service.
(a) the general Terms and Conditions set out on this page as updated from time to time and published at www.onenetwork.com.au (General Terms for End Customer Contracts);and
(b) any other service descriptions and conditions that we agree with you.
The ADSL and/or SHDSL access component of the Service and, optionally, the purchase or rental of a CPE Router and any other related services are supplied to us as a wholesale provider.
In the event of any inconsistency between the General Terms and any other provision of the Agreement, the General Terms will prevail to the extent of that inconsistency.
1. Minimum Term
The Agreement has a minimum term as detailed in the Service Application Form ("Minimum Term") which starts on the date the service is commissioned and is not less than 24 months.
2. General Conditions of Service
By signing this agreement, you agree to and acknowledge the following:
(i) OneNetwork does not supply a standard telephone service with the ADSL/SHDSL access component and as such the Service is not subject to the "Customer Service Guarantee" standard administered by the Australian Communications Authority and it may be necessary to terminate the Service if you OneNetwork another carrier to provide a standard telephone service after the date of this agreement;
(ii) where we contract with OneNetwork for the provision of the Service we may provide name, address, telephone number and other information provided by you (Customer Information) to OneNetwork , its suppliers and its nominees for the purpose of fulfilling such contracts, including those related to the sale or rental of a CPE Router where applicable;
(iii) OneNetwork may, at its discretion, provide the Service by using either :
a. an existing or new Unconditioned Local Loop Service (ULLS);
or
b. an existing or new access line which supplies a standard telephone service provided by Telstra Corporation Limited (Telstra) or a reseller of Telstra, depending on the technical and operational requirements of the particular Service.
(iv) in the case of clause 2(iii)(b) above :
a. that you are the customer of Telstra or a reseller of Telstra in respect of the standard telephone service;
b. that OneNetwork can only provide the service whilst you remain a customer of Telstra or a reseller for the standard telephone service;
c. that OneNetwork will terminate the service if you cease to be a customer of Telstra or a reseller of Telstra;
d. that the installation and operation of the service may cause temporary disruption to the standard telephone service or
any other service received by you, and you will notify relevant third parties of the potential for disruption; and
e. that certain incompatible products will not be supplied to you by Telstra or a reseller of Telstra.
(v) that OneNetwork , its contractors or its suppliers be provided sufficient and timely access to your premises to inspect or test equipment which may be causing interference or danger or in connection with the provisioning, maintenance, repair or other obligations they may have in respect of the Service;
(vi) that you must not interfere with the normal operation of the Service or make it unsafe;
(vii) that OneNetwork or its suppliers are not liable to you in relation to any Services or delay or failure in providing any Services;
(viii)Customer Information provided by you may, with our consent, be used by OneNetwork for the purposes of or connected with a carrier or carriage service provider continuing to provide a DSL service to you which is similar to the Service; and
(ix) We are acting as your authorised agent or representative in our dealings with OneNetwork in so far as this is required to comply with industry codes and practices for the provision of the Service.
(x) Indicated speeds are maximum speeds which may very according to geographic location, distance from the local exchange and network utilisation.
3. Provisions relating to supply of a rental CPE Router (if applicable)
If you are sold or supplied with a CPE Router by OneNetwork on our behalf, you acknowledge and agree that:
(i) the sale or lease (as applicable) of the CPE Router is on the terms and conditions of this agreement;
(ii) we will arrange for the CPE Router to be delivered, installed and configured at the premises specified in the Service Application Form;
(iii) in relation to Cisco or Open Network CPE Routers (and any subsequent releases or versions of these CPE Routers) sold or supplied by OneNetwork you are granted a non-exclusive, revocable, non-transferable licence to use the software installed on the CPE Router for the sole purpose of receiving the Service;
(iv) if you rent the CPE Router from OneNetwork then:
a. your possession and use of the CPE Router is subject to the title and other rights of OneNetwork and its supplier (e.g.. Cisco Systems Capital (Australia) Pty Limited) and you have no legal or other interest in the CPE Router other than under this agreement;
b. you grant OneNetwork , its nominees an irrevocable license to access the premises where the CPE Router is situated to inspect, repair, modify and/or remove the CPE Router during the term of this agreement and to disconnect and remove the CPE Router on the expiration or termination of this agreement, or on default by us under any agreement between us and OneNetwork or on the expiration or termination of any agreement necessary for us to provide the Service or the CPE Router, whether or not we are a party to that agreement;
c. you will not remove the CPE Router from your premises without the prior consent of OneNetwork;
d. you will not remove any nameplate identifying the CPE Router as the property of any third party or make any alterations or additions to the CPE Router;
e. you will not sublet, part with possession, assign, sell, transfer, deposit, pledge, lend, bail or otherwise dispose of the CPE Router without our prior written consent. If any person seizes or attempts to seize the CPE Router, you will notify OneNetwork and you will notify that person of the title and other rights of OneNetwork and its supplier concerning the CPE Router;
f. if the CPE Router is no longer able to be used, is not operating or is lost, destroyed or damaged while on your premises, you will notify OneNetwork . We may require you to reimburse us for the reasonable cost of replacement or repair. If the CPE Router is not in your possession, you will do everything you can to assist us to locate the CPE Router; and
g. you must immediately return the CPE Router to OneNetwork upon the expiry or termination of this agreement for any reason.
(v) if you purchase the CPE Router from us or OneNetwork then:
a. the charges for the CPE Router will be included as part of the fees applicable to the Service and will be subject to the payment terms that apply to you;
b. title in the CPE Router remains with us until we have been paid in full the charges for the CPE Router;
c. risk in the CPE Router passes to you upon delivery at your premises; and
d. if the CPE Router is no longer able to be used, is not operating or is lost, destroyed or damaged while on your premises, you will notify OneNetwork;
(vi) you will ensure that the CPE Router is operated and housed in an environment which meets the manufacturer's requirements and will not affix the CPE Router to any real property;
(vii) you will use the CPE Router for ordinary business purposes only. You will not use the CPE Router for any illegal or unlawful purpose which may result in its confiscation or seizure or to supply the Service or similar services to third parties;
5. Emergency services
OneNetwork's equipment and services are not authorised for use as critical components in life support devices or systems without the express written approval of OneNetwork. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness.
OneNetwork's equipment and services do not support 000 or other emergency functions and will not function in the absence of electrical power or proper network connection and function. OneNetwork recommends a backup analogue service for such requirements.
4. Use of the Service
You agree to comply with the OneNetwork Acceptable User Policy (see www.onenetwork.com.au) which is summarised as follows:
(i) not to knowingly send e-mail that may destroy or damage an e-mail recipient's computer;
(ii) not to knowingly accept email which is unlawful, and violates or infringes upon the rights of any person or corporation;
(iii) not to reveal confidential information about OneNetwork and/or its suppliers which may result in unauthorised usage of the Services by a third party, except where you are required by law to disclose such information;
(iv) not to knowingly transmit information which contains viruses or other harmful components;
(v) not to interfere, damage or destroy computer systems operations of the Services including disobeying any requirements, procedures, policies or regulations of OneNetwork , other users and/or third parties; and
(vi) not to knowingly store or transmit any unlawful, threatening, defamatory, offensive or pornographic material that constitutes a criminal or civic offence under State and Commonwealth laws.
We and OneNetwork reserve the right to terminate or suspend the Service in the event of a breach of this agreement.
OneNetwork Web Hosting
OneNetwork agrees to provide, and Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:
1.0. General
1.1 The Client is the person or entity who is applying to receive, or who is receiving, Web Hosting Services from OneNetwork.
1.2 The Web Hosting Service is provided on an "AS IS, AS AVAILABLE" basis. OneNetwork gives no warranty, express or implied, for the Web Hosting Services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by OneNetwork or its providers beyond the fees paid by the client to OneNetwork for services.
1.3 Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government.
1.4 Use of any information obtained by way of OneNetwork is at the Client's own risk, and OneNetwork holds no liability for such use.
1.5 OneNetwork is not responsible for any damages arising from the Client's use of OneNetwork or by the Client's inability to use the Web Hosting services for any reason.
1.6 While OneNetwork shall make every reasonable effort to protect data stored on Client's Server(s), OneNetwork is not responsible for Client's data, files, or directories residing on OneNetwork's equipment. The client is solely responsible for maintaining data, file, and directory structure backups.
1.7 The customer is required to provide OneNetwork with correct and up to date contact details for billing and technical notification purposes. OneNetwork takes no responsibility for disruption to services due to inability to contact the customer.
2.0 Payment
2.1 The client agrees to a once off set up fee and ongoing service fees for provision of Web Hosting Services. In addition setup fees may be charged for additional services as per prices indicated by OneNetwork, data transfer as per contract is included per month.
2.2 Payment can be by cheque, money order or direct deposit. Payment terms indicated on the OneNetwork invoice, which will be forwarded to the client by postal mail or electronic mail.
2.3 Monthly accounts can only be paid by credit card. Quarterly and yearly accounts can be paid by Cheque, Money Order, Credit Card or Direct Deposit.
2.4 Where customers elect to pay their account on a monthly basis, the first payment from the customer will include two months charge for hosting and relevant services specific to that account.
2.5 For clients that have paid by cheque or money order:
2.5.1 Client will receive an invoice by postal mail or electronic mail no less than two (2) weeks prior to the due date of the invoice.
2.6 OneNetwork reserves the right, in its sole discretion, to deactivate the client's Web Hosting account(s) upon an indication of credit problems including, but not limited to, delinquent payments.
3.0 Change
3.1 OneNetwork reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on OneNetwork's Web Site only. Continued usage of Web Hosting Services indicates the client's acceptance of the Terms and Conditions in their amended form.
4.0 Trademarks and Copyrights
4.1 The client warrants that it has the right to use the applicable trademarks of Client, and grants to OneNetwork the rights to use such trademarks, if any, in connection with OneNetwork's promotion of, referencing of, cataloguing of, or indexing of its Web Hosting clients.
4.2 The client hereby agrees that any material submitted for publication to OneNetwork through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful.
5.0 Hardware, Equipment, and Software
5.1 The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. OneNetwork makes no representations, warranties, or assurances that the client's equipment will be compatible with OneNetwork's services.
6.0 Internet Etiquette
6.1 Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or OneNetwork. All messages transmitted via OneNetwork's service should correctly identify the sender furthermore; users may not alter the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access to said systems, networks or services.
6.2 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. OneNetwork is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network OneNetwork or its customers may utilise.
6.3 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. OneNetwork reserves the right to deactivate the Client's Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless OneNetwork from any claim resulting form the client's or another party's use of electronic mail service(s) on the client's Web Hosting account(s).
6.4 Obscene Speech or Materials -- Using OneNetwork's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited.
6.5 Defamatory or Abusive Language -- Using the OneNetwork network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.
6.6 Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is strictly prohibited.
6.7 Other Activities -- Engaging in activities, whether lawful or unlawful, that OneNetwork determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is strictly prohibited.
OneNetwork reserves the right, in its sole discretion, to suspend the client's services provided by OneNetwork - including but not limited to web hosting services, email accounts or others - without notice upon proof of breach of the clauses outlined in Section 7.0 of this agreement.
7.0 Contract Period
7.1 A mutually agreed contract period will be decided between OneNetwork and the client. Most contracts are signed over 24 months but on occasions, these contract terms can be negotiated.
8.0 Termination
8.1 If a need shall arise for a client to cancel their contract, notification must be given to OneNetwork 30 days prior to scheduled cancellation date. Requests for cancellation must be made in writing and sent to OneNetwork via postal mail to 71 - 73 Thistlethwaite Street South Melbourne 3205, or, via electronic mail to support@onenetwork.com.au. Cancellation of any services will not take effect until such notice is received. A refund is only available if OneNetwork receives the cancellation request within 30 days of purchase date for the services which they are wishing to cancel. Setup fees are not refundable at any time.
8.2 Within 2 business days of nominated cancellation date, the service will be deactivated. The service (including any files, hosting space, databases or other related items) will be deleted from OneNetwork's servers 7 days after account/service deactivation. It is the responsibility of the client to ensure that all required data is backed up by the client prior to deletion.
8.3 Refunds will only be granted if cancellation occurs within the first 30 days of service provision. Setup fees are non-refundable.
8.4 In the event of the client cancelling the contract before the scheduled contract term expiry date, a cancellation administration fee equivalent to the remaining monthly service fees is required.
8.5 OneNetwork reserves the right to suspend Web Hosting Services and any other services provided without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred during the collection of any unpaid amounts.
8.6 Spamming (the practice of sending unsolicited, unwelcome mass mailings to people) is strictly prohibited. Any client found to be Spamming will have their Web Hosting and any other services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of the act of spamming.
9.0 Satisfaction Guarantee
9.1 The client may terminate any services solicited by them from OneNetwork within the first thirty (30) days from activation of the hosting account and receive a full refund. A request for termination of services must be received in writing or via email as per outlined in Section 8.0, Termination. Setup fees and domain name payments are not refundable.
10.0 Agreement
10.1 The client agrees that the abovementioned terms and conditions, along with the contract itself, constitute the full and complete understanding between OneNetwork and the client of the obligations and responsibilities of both parties to the other.
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