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1. 14 Days notice is required to end Bushtech Dial-up
Account.
2. The Bushtech Australia subscriber acknowledges
that the service is not fault free and they may experience
interruptions and access difficulties from time to
time. Bushtech Australia is not liable for any downtime.
3. Any electronic mail or other material that you
may transmit or display will be treated as non-confidential
and non-proprietary.
4. Bushtech Australia reserves the right to suspend
WITHOUT NOTICE any subscriber’s account which,
in its opinion, is involved in activities which are
detrimental to Bushtech Australia or how the wider
community will perceive Bushtech Australia. This includes,
but is not limited to, ‘Spamming’ e-mail
to other Internet users, attempted unauthorised access
to other Internet servers and systems, misrepresentation
and abusive or offensive behaviour in newsgroups and
other on-line facilities, e-mail bombing and the use
of bulk e-mail programs to unsolicited recipients.
5. Bushtech Australia reserves the right to suspend
WITHOUT NOTICE any subscriber’s account involved
in offensive and/or illegal activities under State
and/or Federal laws. In such a case the relevant law
enforcement agencies will be notified, and where possible
offending materials passed on.
6. Bushtech Australia pricing is subject to change
without notice.
7. Bushtech Australia has the right to recover revenue
from the subscriber for any costs incurred for damages
and/or repairs and/or maintenance required as a result
of any of the above activities.
8. Bushtech Australia has the right to recover revenue
from the subscriber for loss of business caused by,
or resulting from, any of the above activities.
9. The subscriber hereby authorises Bushtech Australia
to charge any excess usage of their account at the
current rate applicable to internet users at the time
the excess hours were used, and to debit any amounts
due to Bushtech Australia from any credit card facility
previously given to Bushtech Australia for billing
purposes. The subscriber notes and agrees that any
accounting and/or administration and/or registration
fees are not refundable and that cancellation fees
may apply.
10. Subscribers may be subject to administration fees
at the discretion of Bushtech Australia.
11. If the subscriber, without prior written permission
of an authorised officer of Bushtech Australia, transfers,
assigns or divulges any information which allows another
persons or entities to access the internet by using
the subscriber’s allocated username and/or password
then the subscriber will be liable for any usage time
incurred by the third party at the current rate applicable,
and that subscriber’s account may be terminated
immediately. This includes multiple concurrent logins
of the same username and/or password.
12. Bushtech Australia does not under any circumstances
permit the resale to any other party of Bushtech Australia
connections and/or bandwidth. Any subscriber found
doing this will be charged for all of that subscriber’s
usage and any other party’s usage to whom they
have sold or divulged material to enable access to
Bushtech Australia’s system at three times the
current rate applicable. Bushtech Australia may terminate
the subscriber’s account without any notice,
and without refunding any subscriptions paid but unused.
13. It is the subscriber’s responsibility for
any telecommunications charges. It is also the subscriber’s
responsibility to make sure they are within the local
call zone to the Bushtech Australia Dial-Up Point
of Presence (POP).
14. Bushtech Australia reserves the right to modify
the idle timeout and session timeout set in the Bushtech
Australia Dial-Up plan.
15. Bushtech Australia maintains its web site for
your information and communication. You may use and
download material displayed on our web site for non-commercial
use but you must retain any proprietary notices or
copyright contained on the material. Your access and
use of our web site is also subject to the following
Terms & Conditions and all applicable laws. By
accessing this site, you accept, without limitation
or qualification, these terms.
16. Bushtech Australia makes no warranties or representations
as to the accuracy of information in or linked to
this web site and assumes no liability or responsibility
for any errors or omissions in content.
17. Bushtech Australia shall not be liable for any
damage to and/or viruses that may infect your computer
equipment or other property on account of your access
to, use of, or browsing of our web site and/or you’re
downloading of any materials, data, text, images,
video or audio from our web site.
18. Bushtech Australia may monitor or review information,
mailings, chats, and the like on our web site, but
assumes no responsibility or liability arising from
the content nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography,
profanity, danger or inaccuracy contained in any information.
You are prohibited from posting or transmitting any
unlawful, threatening, libellous, offensive, obscene,
scandalous, inflammatory, pornographic, or other materials
that could constitute or encourage conduct that would
be considered a criminal offence, give rise to civil
liability, or otherwise violate any law.
19. You have no right to use any trademark displayed
on our web site without the permission of the party
that may own the trademark displayed on our web site.
20. Bushtech Australia may use the information you
supply to contact you regarding your account or other
promotional matters.
21. Subscribers should note that these terms and conditions
may be revised at any time by way of update on our
web site. Subscribers are bound by any revisions as
at the date they are displayed and should regularly
examine the current terms and conditions displayed
at our web site.
22. All dial-up plans involve 20-minute idle time-out
and 4-hour session limit restrictions as standard.
23. For the Lite plan, a $5 administration fee applies
if monthly payment is not received by the end of the
billing cycle month.
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| 1.Any support, maintenance and/or consulting
by Bushtech Australia to the Customer shall be regarded
as separate to this Agreement. The Customer is responsible
for any expenses relating to, but not limited to cabling,
configuration, reconfiguration and/or modifications
to the Customer’s equipment.
2. Equipment provided by Bushtech Australia to the
Customer is covered by a 1 year return to base warranty
unless otherwise specified.
3. If the Customer fails to comply with any of the
conditions set out in this Agreement, then Bushtech
Australia may terminate this Agreement immediately
by giving written notice. On termination, the Customer’s
right to use the ADSL Service ceases immediately and
Bushtech Australia will not be liable for any loss
or damage suffered by the Customer.
4. The Customer agrees and understands that in some
cases it may not be possible to provide the ADSL Service
and in such an event both parties will be released
from their obligations under this Agreement and Bushtech
Australia will have no liability to the Customer.
The Customer accepts that some services offered by
the Third Party Carrier’s Network infrastructure
are incompatible with the ADSL Service and may not
be available to the Customer from the MDF boundary, after connection to
the ADSL Network. The internal network fault can
then be only pursued by an approved Austel technician
at their prices.
5. The Customer acknowledges that Bushtech Australia
cannot be held responsible for any loss incurred by
the Customer because of faults and/or failures within
the Third Party Carrier’s Network infrastructure.
6. Customers use the ADSL Service at the Customers
own risk and Bushtech Australia takes no responsibility
for any data downloaded and/or the content stored
on the Customer’s computer. The Customer agrees
not to make any claim against Bushtech Australia,
its suppliers, employees, contractors or assignees
for any loss, damages or expenses relating to, or
arising from, this Agreement or the use of the ADSL
Service and Bushtech Australia’s mail service.
7. Bushtech Australia will use its best endeavours
to make the ADSL Service available to the Customer
24 hours a day, 7 days a week. The Customer acknowledges
that Bushtech Australia cannot guarantee uninterrupted
service, the speed, performance or quality of the
ADSL Service. The Customer further acknowledges that
the ADSL Service is not fault free and there may be
interruptions and/or access problems from time to
time as Bushtech Australia depends on the performance
of Third Parties over which Bushtech Australia has
no control and therefore can accept no liability for
problems that may arise from the Service.
8. The Customer hereby indemnify’s Bushtech
Australia against all liability, costs, loss or damage,
suffered or incurred by Bushtech Australia, its suppliers,
employees, contractors and assignees arising from
this Agreement or the use of the ADSL Service.
9. The Customer agrees not to assign, transfer, or
re-sell any of the services provisioned by Bushtech
Australia under this Agreement or any rights given
by the use of this service.
10. The Customer agrees this ADSL Service cannot be
resold and it is not available to, but not limited
to ISPs, Internet Café’s and Web Hosting
Company’s. Otherwise charges of $10000 per month
for a 256K connection, $15000 per month for a 512K
connection and $20000 per month for 1500K connection
from the first date of connection apply.
11. Bushtech Australia reserves the right to terminate
the service immediately and recover all monies owing
from the first date of connection, including the cost
of recovery, caused by, or resulting from, the above
activities (clause 10).
12. The Customer agrees to direct all queries regarding
faults and outages of the ADSL Service to Bushtech
Australia’s Technical Help Desk. The Customer
is liable for any inquires to Third Party service
providers or Telstra. Bushtech Australia will invoice
the customer for any cost incurred by the Customer
calling Telstra for any help or queries related to
the ADSL Service.
13. If the Customer acquires the Bushtech Australia
Service by signing an Agreement provided to the Customer
by a Bushtech Australia Dealer, the Customer acknowledges
that the Dealer is acting as Bushtech Australia’s
agent only for the purposes of receiving this Agreement
from the Customer and providing it to Bushtech Australia.
The Dealer is not Bushtech Australia’s agent
for any other purposes or in any other capacity and
the Service, is not provided by the Dealer. The Customer
acknowledges that the Bushtech Australia Dealer is
not the Customer’s agent.
14. The Customer’s equipment must conform to
the minimum requirements for the provisioning of Bushtech
Australia’s ADSL Services.
15. The Customer agrees that information concerning
the Customer will be held by Bushtech Australia and
may be used to enable both parties to perform obligations
defined in this Agreement and any other agreements
between Bushtech Australia and the Customer.
16. This Agreement shall operate and be binding upon
the parties from the date of its execution.
17. The Customer agrees that Bushtech Australia may
increase its charges by any new or increased Government
taxes, charges, fees, duties or other imposts.
18. The Customer agrees to pay charges for the ADSL
Service in accordance with the Bushtech Australia
Internet Price List. The Customer understands that
these charges might be altered from time to time by
Bushtech Australia without prior notice. However,
Bushtech Australia will not increase the access charge
payable by the Customer during the Initial Contract
Period.
19. The Customer acknowledges that there may be a
minor disruption to the nominated standard telephone
service during ADSL installation.
20. Where the installation of Equipment involves a
telephone line, the Customer warrants that the Customer
is the legal renter of the telephone line.
21. The Customer agrees to nominate an existing standard
telephone service for delivery, of the ADSL Service
and the Customer will continue to be responsible for
all costs of the nominated service to the Customer’s
existing carrier or to the carrier of the Customer’s
choice.
22. The Customer must not create any conflict with
the normal operation of the ADSL Service or any related
facility of service.
23. The Customer is not to allow a third party to
use the ADSL Service without direct supervision and/or
written authorisation by Bushtech Australia. The Customer
is responsible for all use of the ADSL Service including
use that is not authorised by the Customer.
24. The Customer is responsible, for all usage charges
in respect of the use of the ADSL Services whether
or not such usage was authorised. It is the Customer’s
responsibility to maintain the security of the means
of access to the ADSL Services and to ensure unauthorised
use does not occur.
25. Bushtech Australia does not provide usage records
for some of the third party wholesaler Broadband
packages as specified on the homepage of Bushtech
Australia's website..
26. Bushtech Australia will commence the Initial Contract
Period and the billing cycle for data traffic, on
activation date of the ADSL line.
27. The Customer agrees to pay all set-up, access
and usage charges (where applicable) and any other
charges related to the Service chosen by the Customer
by cheque, credit card or direct debit, once the ADSL
line has been confirmed as available.
28. All notices shall be in writing and shall be hand
delivered, or sent by post, or facsimile, and via
email to the parties
hereto at their respective addresses.
29. ADSL changes, additions and/or cancellations incur
additional charges, as displayed on the Bushtech Australia
website www.bushtech.com.au and the Bushtech Australia
Internet Price List.
30. You may terminate the Service by giving Bushtech
Australia 30 days notice. You must pay for the Service
up until the end of the notice period. If you have
agreed to take the Service for an Initial Contract
Period and you seek to terminate early (including
because you move premises) a pro-rated cancellation
fee will apply, up to a maximum amount of $86 (refer
to Additional ADSL Pricing). You authorise Bushtech
Australia to debit these payments to your credit card
or bank account on receipt of a termination notice
from you.
31. Migrating to another Bushtech Australia access
plan does not reduce the Initial Contract Period or
terminate the Agreement or result in a reduction of
the charges payable by the Customer to Bushtech Australia.
The Customer will be charged additional set-up fees
for any migration changes. The new package charges
will apply from the date of the Migration to the end
of the Initial Contract Period.
32. The Customer agrees that if Bushtech Australia
is asked to investigate a breakdown in the Service
and upon investigation it is found that the fault
is not due to Bushtech Australia equipment then the
Customer agrees to pay Bushtech Australia its standard
hourly rate for time and travel as indicated in Bushtech
Australia’s Standard Terms and Conditions.
33. Bushtech Australia reserves the right to change
these ADSL Terms and Conditions without notice to
the customer.
34. Bushtech Australia reserves the right to terminate
the service immediately and recover all monies owing,
including the cost of recovery, when payments are
overdue.
35. Bushtech Australia assumes no responsibility or
liability arising neither from the content nor for
any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy
contained in any information. You are prohibited from
posting or transmitting any unlawful, threatening,
libellous, offensive, obscene, scandalous, inflammatory,
pornographic, or other materials that could constitute
or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise
violate any law.
36. Bushtech Australia has the right to recover revenue
from the Customer for any costs incurred for damages
and/or repairs and/or maintenance and/or loss of business
caused by, or resulting from, any of the above activities
(clause 34 and 35).
37. Bushtech Australia reserves the right to suspend
or terminate, with or without notice, any Customers’
account, which in Bushtech Australia’s opinion,
directly or indirectly is involved in activities,
which are detrimental to Bushtech Australia’s
Internet Service or jeopardise the use of Bushtech
Australia’s Service or its performance for other
customers or how the wider community will perceive
Bushtech Australia. This includes, but is not limited
to ‘Spamming’ e-mail or forwarding spammed
e-mail to other Internet user’s e-mail addresses,
customers listed or cause the listing of Bushtech
Australia or its Customers on any Real-time Black
List, e-mail bombing and the use of bulk e-mail programs
to unsolicited recipients, commercial advertising,
informational announcements, charity requests, petitions
for signatures, chain letters and political or religious
messages, attempted unauthorised access to other Internet
servers and systems, misrepresentation and abusive
or offensive behaviour in newsgroups and other online
facilities.
38. The Customer must not use the Bushtech Australia
Service in a way or post to or transmit to or via
the Bushtech Australia Service any material which
interferes with other users or defames, harasses,
threatens, menaces, offends or restricts any person
or which inhibits any other customer from using or
enjoying the Bushtech Australia Service. The Customer
must not use the Bushtech Australia Service to send
unsolicited electronic mail messages to anyone. The
Customer must not attempt any of these acts or permit
another person to do any of these acts.
39. Bushtech Australia reserves the right to suspend
without notice any Customers’ account involved
in offensive and/or illegal activities under State
and/or Federal laws. In such a case the relevant law
enforcement agency(ies) will be notified, and where
possible offending material(s) passed on.
40. Bushtech Australia is not liable for any indirect
loss or damage, loss of profits, loss of business
or anticipated savings, loss, corruption or destruction
of data or for any other type of indirect or consequential
loss or damage whatsoever, as a result of using this
Service.
41. Bushtech Australia shall not be liable for the
consequences of an occurrence of any event beyond
its reasonable control and such event shall not amount
to a breach of this Agreement.
42. These ADSL Terms & Conditions are subject
to change without notice.
43. Bushtech Australia makes no warranties or representations
as to the accuracy of Information in or linked to
the Bushtech Australia web site and assumes no liability
or responsibility for any errors or omissions in content.
44. This Agreement overrides and cancels any previous
agreements, whether verbal or otherwise, arrangements
or commitments between the Customer and Bushtech Australia
relating to ADSL Internet Connection Services.
45. This Agreement shall be deemed to have been made
in Darwin, Australia, and it shall be governed and
interpreted according to the laws. Each of the parties
submits to the jurisdiction of the Courts of the Northern
Territory.
46. With unlimited plans, speeds may vary depending
on the number of users on the system.
47. This contract is 6-Months In Duration.
48. Free modem installations are offered only
in conjunction with the purchase of a Bushtech
approved ADSL modem (see products list) from behalf of
the customer. Any modem outside of this offer acquired
by the customer cannot therefore be guaranteed
by Bushtech for successful ADSL service and therefore assume no responsibility
if this were to occur. The customer must therefore understand that Bushtech
may then be able to charge at a nominated hourly rate
of $48 to pursue the activation on behalf of the
customer.
49. All Bushtech ADSL contracts will be
assumed to have agreed to the Terms and Conditions
outlined by Bushtech Australia before commencement and
that these Terms and Conditions will be offered as a
part of the sign up process by a Bushtech rep.
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