Planet Internet's
Terms & Conditions

Important Information!

Planet's Terms and Conditions list the obligations of both Planet Internet, and you the customer. Please read it carefully.

Customer Service Agreement Planet Internet Pty Ltd (Planet) (ACN 083 663 450)

This agreement represents the complete agreement and understanding between Planet Internet Pty Ltd ("Planet") and the account holder ("Customer"). This agreement lists the obligations of both Planet and you as the Customer. Please ensure that you carefully read the terms and conditions before submitting your application to open a Planet account. Logging in to any of Planet’s servers constitutes acceptance of the terms and conditions of this agreement.

Customer Services Provided By Planet

Planet will provide you with services on a continuous basis in accordance with this agreement. The types of services provided by Planet include ("Services"):
(a) interactive dial-up access or permanent connection access to the Internet (as the case may be depending upon the type of account selected).
(b) the provision of electronic mail facilities.
(c) the incidental storage of data up to 2.5 Mb. In the event that you exceed 2.5 Mb, Planet reserves the right to charge you additional fees.
(d) website hosting

Use of the Services by the Customer
In accessing and using Planet Services, you shall:

(a) maintain your password as private and confidential information. Planet’s network accounts are for individual customers only and the Customer agrees not to share the password of the account with other persons.
(b) comply with all applicable laws and regulations.
(c) comply with all reasonable directions by Planet relating to access and use of Planet Services given by Planet from time to time.
(d) comply with the terms and conditions of this agreement.
(e) not resell the Services, or permit any other person to do so unless authorised by Planet.
(f) use only software which you are legally entitled to use.
(g) refrain from unintentional and/or intentional disruptive activities which may include, but are not limited to:
(h)

i. the circulation of any unsolicited publicity or advertising material;
ii. unlicensed commercial software;
iii. propagation of computer viruses;
iv. the sending of harassing, obscene, offensive, defamatory or threatening electronic mail;
v. forgery of electronic mail; and
vi. the placement or transmission or storage of any defamatory material or any other objectionable material.

(i) not access, nor permit any other party to access, the Services for any purpose or activity of an illegal nature, including, but not limited to, sexually explicit material prohibited by law.
(j) not access, nor permit any other party to access, the Services for any purpose or activity of a fraudulent nature.
(k) not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information, data, text, graphics, audio or other like material accessed through or received from the Services or otherwise that may infringe the intellectual property right of any person.
(l) not make any attempt to gain unauthorised access to any other computers, systems or networks.
(m) not download, upload or distribute public domain materials (e.g. images, text, and/or programs) which are copyrighted, without the permission of the copyright holder.
(n) not use any process, program, or tool via Planet’s Services for breaking or accessing the passwords of Customers on Planet or other internet service provider systems.
(o) not convey any information, data or other material whatsoever over Planet’s network which is protected by copyright without the permission of the copyright holder.
(p) not assign your rights under this agreement.

Customer Acknowledgements

a. You acknowledge that Planet does not and cannot in any way supervise, edit or control, the content and form of any information or data accessed through the provision of the Services and Planet shall not be held responsible in any way for any content or information accessed via the service.
b. You acknowledge that information available through Planet or the Internet may not be accurate, that some of the information available through Planet or the Internet may be intended for adult audiences and that Internet communications are not secure nor private and may be subject to interception or loss. Planet disclaims any liability for any material on the Internet that the customer finds upsetting, defamatory or personally offensive.
c. You acknowledge that the Internet is not an inherently secure system and undertake responsibility for the protection of your data stored, or conveyed on Planet's network.
d. You acknowledge that the Internet may contain viruses (including other destructive programs) which may, if not eliminated, destroy parts or all of the data contained within your system. You further acknowledge that Planet has no control or authority over these viruses and is not liable for any damages that such viruses may cause.
e. You acknowledge that you use the Services solely at your own risk and that Planet has no liability or responsibility for any loss or damage suffered through the use or non-use of the Services by you or anyone else.
f. You acknowledge that Planet may terminate the account without notice if the Customer shares its’s password with unauthorised persons.
g. You acknowledge that Planet assumes no liability for the security of any data/material stored on any server connected with, or part of, Planet’s network including ‘secure service’.

Training

Planet has no responsibility to provide training in the use of the Services. Training may be provided or procured for an additional fee.

Release and Indemnity

a. Planet makes no warranties of any kind, either expressed, implied or statutory, concerning the data or information available through the Planet network. You understand that the use of your the Services, and any data (including images, text, sound and programs) or any other information accessed as a result of using the Services will be completely at your own risk.
b. You release and indemnify Planet, its servants and agents against all actions, claims and demands which may be instituted against Planet arising out of a breach of these terms and condition by you or of any other person for whose acts or omissions you are vicariously liable.
c. You acknowledge that there has been no reliance by you on Planet’s skill and judgment or written or oral representations, including any catalogues or publicity material, in deciding whether the services are fit for a particular purpose or meet particular criteria.

Payment

a. The fees for Planet’s Services will be calculated in accordance with Planet’s current advertised charges schedule. Planet retains the right to alter these charges from time to time and will provide you with fifteen (15) days written or electronic mail notice of any such changes. Planet’s monthly accounts are automatically renewed on the first of each month, and unless you have notified Planet prior to the start of the new billing period, you will be liable for the access fee for the coming month.
b. If you have elected to pay by credit card, and have given your details to Planet, you understand the charges will be billed to your credit card each month for the account type elected by you and any excess usage. You authorise this automatic billing by Planet.
c. If you have elected to pay by cash, cheque or other accepted payment method, you will forward payments as requested within seven (7) days of receipt of e-mail or other written notification of monies outstanding.
d. Payments are made in advance and are not refundable. Excess usage charges are in arrears.
e. Planet’s billing cycle follows the calendar month, with a basic access fee for each month charged at the beginning of the month along with excess usage fees chargeable for use during the previous month.
f. You may cancel a monthly account at any time effective from the end of that billing cycle. If you are not satisfied with the service and wish to cancel your account within seven (7) days of the day you first received the Services, you may do so and receive a full refund of all monies paid, (less any charges for configuration, set up and for all time used, charged at the usual hourly rate) by returning all Planet’s start up materials in good condition within those first seven (7) days and signing a statement certifying that you have kept no copies of any of the Planet start up materials, either software or hard copy.
g. Should you wish to cancel a non-monthly account after seven (7) days, a minimum of thirty (30) days notice must be given, either in writing, or by e-mail. All Planet accounts must be paid in full before the transaction will be considered complete.
h. Delinquent accounts are those that remain unpaid for fifteen (15) days. Accounts that are delinquent are closed and may not be used. The Customer acknowledges responsibility for the account until payment in full is made.

Termination

You understand that Planet reserves the right to terminate the services at any time, for any reason, including, but not limited to, your failure to abide by these terms and conditions or your failure to pay any fees or charges when due. You understand that breach of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate user groups, may cause severe operating difficulties for Planet, and would be a likely cause for the termination of the services.

Depending on the nature and severity of any misconduct committed by the Customer or unauthorised user, you may receive a warning by mail, electronic mail, or have your account suspended by Planet.

You understand that Planet reserves the right to take any action it deems appropriate against Customers and unauthorised users of the Services who violate the spirit and intent of this agreement.

Variation

This agreement may only be changed in writing. Any changes must be signed by both Planet and you to be effective. If you withhold your signature and do not request that the Services be terminated, it is presumed that you have consented to the variation of this agreement.

Implied Terms

Subject to the following, any conditional warranty which would otherwise be implied in this agreement is hereby excluded. Where legislation implies in this agreement any conditional warranty, and that legislation avoids or prohibits provision in a contract excluding or modifying the application of or exercise of or liability under such conditional warranty, the conditional warranty shall be deemed to be included in this agreement. However, the liability of Planet for any breach of such condition or warranty shall be limited, at the option of Planet, to one or more of the following:

a. if the breach relates to goods:

i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and

b. if the breach relates to services:

i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again

Liability of Planet

Planet shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which arises directly or indirectly in respect of goods and services supplied pursuant to this agreement or in respect of a failure or omission on the part of Planet to comply with its obligations under this agreement.

Miscellaneous
You are responsible for providing, configuring or maintaining any equipment or computer software which you will need to access the services.

This agreement is governed by and construed in accordance with the laws of the State of Victoria, as exercised in Victoria. You and Planet irrevocably submit to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning this agreement.

These terms and conditions supersede all previous representations, statements, understandings, prior negotiations or agreements.

This agreement is deemed to have been executed on your submission of an application form/E-form to Planet.

A rule of construction may not disadvantage Planet because Planet was responsible for the preparation of this agreement.

Planet reserves the right to access a customer’s data on Planet’s network to ensure that the customer is complying with this agreement. Planet reserves the right to access an account’s mailbox.