1. INTRODUCTION

1.1 This Agreement is between One.Net Pty Ltd (ACN 075 553 927) ("we" or "us") and you ("you"). The One.Net Internet access service ("the Service") will be provided to you subject to the terms of this Agreement.

 2. YOUR ACCOUNT

2.1 You represent that you are at least 18 years old and that you have the right and ability to enter into this Agreement.

2.2 You will be allocated an account number and must elect a password which you must use to gain access to the Service. You agree to keep your password confidential. You must notify us immediately if you lose your password or if it is disclosed to anyone. It is the customer’s sole responsibility to protect their password and to immediately notify us of any suspect usage of their account. You may change your password on the Service at any time.

2.3 You are liable for all charges associated with the Service, even in the event your password has been lost or stolen.

2.4 You agree to provide us with correct and complete information on yourself as requested by us from time to time. Your failure to do so will constitute a breach of this Agreement and may result in the immediate termination of your access to the Service.

2.5 You may not assign or transfer any of your rights or obligations under this Agreement.  

3. THE SERVICE

3.1 The Service includes our Internet gateway, e-mail facilities and any other facility or service that we may provide from time to time. It also includes technical and other advice provided by us. We reserve the right to modify or remove any part of the Service at our sole discretion at any time.

4. YOUR USE OF THE SERVICE

4.1 You will be responsible for all access to and use of the Service through your account. You may permit another person, including a minor, to use your account but you assume all responsibility and liability for the activities that person conducts on-line and for any material to which that person is exposed.

4.2 Only one person is permitted to use your account at any one time.

4.3 We reserve the right to log you off the Service temporarily if you are connected but do not actively use the Service for any period exceeding 30 minutes.

4.4 Your e-mail box on the Service will be limited to 10 Megabytes.

4.5 Some material on the Internet may be offensive, inappropriate or unsuitable. You acknowledge that we accept no responsibility whatsoever for any content and services offered by other individuals or companies on the Internet or for any other information whatsoever passing through the Service.

4.6 You agree to supervise the use of your account by any minor or any other person who accesses the Service through your account.

4.7 You must not use the Service to store or distribute any pornography, or any other material which may be offensive or illegal in any way.

4.8 You will not use the Service to store, distribute or reproduce commercial software. In the case of accessing third party software or material you must not commercially reproduce it without the permission of the legal owner.

4.9 You must not use the Service to send any information to another person, which may be offensive, abusive, indecent, obscene, or menacing including any message or other information, which causes annoyance, inconvenience or needless anxiety.

4.10 You must not use the Service to obtain unauthorised access to any information, network or systems or to compromise the security or integrity of any network or system including any part of the One.Net network.

4.11 You understand that the Internet contains viruses and other computer programs, which may destroy or corrupt data on your own system. We have no control over such programs whatsoever and we do not filter the information passing through the Service in any way. You agree to check your own system for viruses on a regular basis. You must not place any viruses or other similar programs onto the Service or the Internet at any time.

4.12 It is your responsibility to ascertain and bear the full cost of accessing the service, including but not limited to, carrier charges imposed by any telephone company used to access the Service. Although One.Net may provide advice regarding these charges, it is your responsibility to confirm such charges.

 5. THE EQUIPMENT

5.1 You agree that One.Net is in no way responsible for providing, configuring or maintaining any equipment or computer software which you will need to access the Service.

 6. TERMINATION AND MODIFICATION OF THIS AGREEMENT

6.1 We reserve the right to terminate or suspend access to the Service at our sole discretion at any time without liability and without prior notice to you.

6.2 We reserve the right to modify any part of the Agreement, including the rates, the billing terms and the procedures for payment, at our sole discretion, at any time, on 14 days notice to you. This Agreement incorporates by reference all terms, conditions and notices which are either posted on the Service or notified to you directly from time to time.

6.3 You may terminate this Agreement at any time on 7 days notice to us in writing, provided your user name, password, address, and photo identification number are set out in this notice. The termination will take effect at the end of the billing period during which the notice period expires. Your failure to follow this procedure may result in additional charges being incurred. It is your responsibility to notify us if the Service is no longer required.

6.4 You remain liable for any charges you incur up to the effective date of termination. No refund of any fees, including any monthly access fees, will be granted and no on-line time credited to your account will be redeemable or convertible to cash or any other form of credit.

 7. CHARGES AND BILLING PROCEEDURES

7.1 Access to, and use of, the Service is charged in accordance with the rates set by us which include provisions relating to personal use and commercial use of the Service and which may be varied.

7.2 You will be billed monthly. Your monthly bill will include a charge for the monthly access fee (payable in advance) as well as any other charges you have incurred. You will be billed by us, or any of our related bodies corporate, and you agree to pay your bill in accordance with the procedures notified by us to you from time to time.

7.3 Your monthly charges will be billed to your credit card pursuant to the information you provide on your application. Any change in your credit card details will take effect up to 30 days after your notice to us of such change.

7.4 Your account will be suspended if any charges are not paid on the due date. If your account is suspended for non-payment, you will be charged a fee to have it reinstated.

7.5 Any account which is suspended twice for non-payment will be terminated automatically.

7.6 There is a $2.75 per month administration fee for subscribers who do not use the direct debit payment option.

7.7 A $6 charge is imposed for late payments.

7.8 Usage is billed in 15 minute increments.

7.9 If at any time your usage of the service reaches a high-level of usage, as determined by One.Net from time to time, One.Net may:

(a) Request immediate payment of usage charges incurred by you; and/or

(b) Suspend provision of the service until payment in full is received by One.Net.

 8. DISCLOSURE OF CREDIT INFORMATION

8.1 You agree and authorise One.Net and its related bodies corporate to use and exchange your credit information before, during and after the provision of credit to you with any of their agents and any credit reporting agency, credit providers, carriers, carriage service providers, business references or employers in accordance with the Privacy Act 1988 for the following purposes:

1. considering or applying One.Net’s credit policy to your application;
2. ongoing credit management of your account (s) with One.Net or any of its related bodies corporate, including your overdue payments;
3. ongoing maintenance of credit records about you; and
4. development, research and promotion of One.Net’s products and services.

8.2 You agree that credit information referred to in 8.1 includes:

1. personal identifying details such as name, addresses, date of birth, employers, driver’s licence,

passport and any other photo identification numbers;

2. details and status of any of your accounts with One.Net or its related bodies corporate;
3. your credit history, including if you have made credit defaults, dishonoured cheques or credit infringements; and
4. information about your credit worthiness or capacity.

8.3 Where you are in default of payment to One.Net or any of its related bodies corporate you agree that One.Net or its agent may utilise any information collected and recorded by One.Net in relation to your account to assist One.Net and its related bodies corporate in the process of debt recover.

9. EXCLUSION OF LIABILITY

9.1 You expressly agree that use of the Service including any content you may obtain through or on the Service is at your sole risk.

9.2 You agree that the Service is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.

9.3 You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether the Service is fit for any particular purpose.

9.4 We do not guarantee that the service is Y2K compliant.

9.5 You agree that we are not responsible for any unsolicited or unwelcome information disseminated via the Internet to you or the consequences of you receiving such information.

9.6 To the extent permissible by law, we exclude all liability for any direct, indirect, special or consequential damages arising out of : the supply or use of the Service; any inability to access the Service; or the lack of availability of the Service. Where such liability cannot be excluded, our liability to you is strictly limited, at our discretion, to the following:

a) in the case of services, the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again; and

b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods replaced.

10. INDEMNITIES

10.1 You agree to indemnify and hold us harmless from all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising out of the use of your Service or your breach of any term of this Agreement in any way.

11. MISCELLANEOUS

11.1 Any notice required or permitted under this Agreement will be made by post, facsimile or e-mail.

11.2 This Agreement is governed by and construed in accordance with the laws of the State of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.

11.3 This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service and supersedes all previous representations, statements, understandings and agreements between the parties.