Aussie ISP.com

1. Definitions

Where used in these conditions, the following meanings shall have the following respective meanings unless the context otherwise requires:

"Price" means the money (if any) payable by the Customer to the Company of such amount as may be specified in the Company's Price list from time to time.

"Invoice" means any demand for payment sent from the company to the customer.

"Company" means D&M Technologies Pty Ltd ACN 095 128 966.

"Contract" or “Agreement” means the Contract between the Company and the Customer comprised of the Invoice and these conditions.

"Customer" means the applicant specified in the Application Form or on the invoice.

2. Scope of Contract

Subject to the due compliance by the Customer of its obligations under the Contract, the Company shall supply a product or service to the Customer at such times and by such means as the Company from time to time deems reasonably appropriate.

3. Warranty

3.1 The company makes no warranties in respect to the quality of service.

4. Use of Goods

4.1 It is the Customer's responsibility to ensure that any computer (s) are appropriately licensed for any software used in such access.

4.2 The Customer shall indemnify and keep indemnified the Company against all costs and liability incurred as a result of any breach by the Customer of the obligations of the Customer under the Contract.

5. Charges

5.1 A schedule of prices is published by the Company from time to time.

5.2 The Customer shall pay the full amount of the goods to the Company within seven (7) days of the invoice, unless a different time frame is mentioned on the invoice.

5.3 The Customer shall pay to the Company interest calculated at the rate of twelve per cent (12%) per annum on any monies (including unpaid interest) not paid on or before the due date for payment of the same. Interest is payable on demand being made therefore.

5.4 Insofar as it is lawful, neither the Application Fee (if any) nor any part of the Service Fees, which may be paid in advance, are refundable in any circumstances.

5.5 If the account is not paid within the seven - (7) days of the initial invoice, the company may decide to remove all access rights to the Internet. A reconnection fee may be charged to reconnect a suspended service. The company will not be held liable for any of the customers data deleted in this event. The company will also not be held liable for any losses the customer incurs as a result of this suspension.

5.6 Unless otherwise mentioned via the application form, payment by credit card is on the understanding that that card will be billed each month on or near the day the service is due for renewal. It is also understood that the credit card may be used to pay any outstanding charges for service.

5.7 The company may levy a charge for the recovery of money, which is equal to the amount the company pays any debt collector, legal representative or court of law.

6. Confidentiality

6.1 The Customer shall not, without the Company's prior written consent, copy or cause to be copied or disclose any details of the Company's confidential, intellectual or industrial property rights in respect of the Service.

6.2 The Customer's obligations under this Clause 6 shall survive termination of the Contract.

6.3 The customer agrees to the company passing along his/her personal details to a third party, as so far as the company sees fit.

6.4 The customer agrees that the company may from time to time record conversations between the customer and the company for training and verification purposes.

7. Liability of the Company

7.1 The Company shall use all reasonable care in respect of provision of the Goods, however, except as expressly provided to the contrary in the Contract, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Service or to the Contract, are excluded. Without limiting the generality of the foregoing, the Company shall not be under any liability to the Customer in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the equipment or the failure or omission on the part of the Company to comply with its obligations under the Contract.

7.2 Where any Act of Parliament implies in the Contract any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Contract. However, the liability of the Company for any breach of such term, condition or warranty shall be limited, at the option of the Company, to any one of the following:

(a) if the breach relates to services;

(i) the supplying of the services again; or

(ii) the payment of the cost of having the service supplied again.

(b) if the breach relates to lost data;

(i) the amount paid to the company for services for the month the liability arose.

8. Force Majeure

8.1 The Company will not be liable for any delay or failure to perform its obligations under the Contract if such failure or delay is due to an act of god, insurrection or civil disorder, war or military operations, national or local emergency acts or omission of government or other competent authority, industrial disputes of any kind (whether involving the Company's employees or contractors), fire, lightning explosion, flood, subsidence, inclement weather, acts or omission of persons or bodies for whom the Company is not responsible or any other case whether similar or dissimilar outside the control of the Company.

9. Variation of Contract of Use

9.1 The Company may from time to time vary the Contract by giving to the Customer not less than seven (7) days notice of such variation.

10. Termination

10.1 The Company may terminate the Contract with the customer immediately, if:

(a) any payment due from the Customer to the Company pursuant to the Contract remains unpaid for a period five (5) days; or

(b) the Customer breaches any provision of the Contract and such breach is not remedied within two (2) days of written notice by the Bureau.

10.2 Notwithstanding Clause 10.1, the Company may terminate the Contract with the customer immediately if:

(a) the Customer provides false or misleading information in respect of the Customer's use of the Service or in the Application Form or Purchase Order;

(b) in the opinion of the Company (reasonably formed) the Customer has or may use the Service for any unlawful or improper purpose or in a manner that may jeopardise the security or interface in the proper operation of the Service (including but not limited to breeches of the companies Acceptable Use Policy, as varied from time to time) or any part thereof;

(c) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;

(d) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;

(e) the Customer, being a natural person, dies.

(f) the Customer, acts in a way that is abusive or threatening to the company or its servants.

10.3 If notice is given to the Customer pursuant to Clause 10.1 or 10.2, the Company may, in addition to terminating the Contract, retain any monies paid in advance by the Customer. It is also assumed that unless cancelled in writing, the agreement to use the service and therefore pay is ongoing.

10.4 The customer may terminate (unless in a contract) with no less than 14 days notice in writing to the company. Failure to provide 14 days notice will result in the next months charge being levied.

11. Assignment

11.1 The benefit of the Contract shall not be dealt with in any way by the Customer (whether by assignment or otherwise) without the Company's prior written consent.

11.2 The company may assign its rights and/or obligations under this contract to another party, with or without notice to the customer.

12. Waiver

12.1 No right under the Contract shall be deemed to be waived except by notice in writing signed by each party.

12.2 A waiver by the Company pursuant to Clause 12.1 will not jeopardise its rights in respect of any subsequent breach of the Contract.

12.3 Subject to Clause 12.1, any failure by the Company to enforce any provision of the Contract, or for any forbearance, delay or indulgence granted by the Company to the Customer, will not be construed as a waiver of the Company's rights under the Contract.

13. Entire Agreement

13.1 The Contract constitutes the entire agreement between the parties in respect of provision of the Service. Any prior arrangements, agreement, representations or undertakings are superseded. Subject to the provisions of Clause 9, no modification or alteration to any provision of the Contract will be valid except in writing signed by each party.

14. Headings

14.1 Headings used in these conditions are for convenience and ease of reference only, are not part of the Contract and shall not be relevant to or affect the meaning or interpretation of the Contract.

15. Severability

15.1 If any provision of the Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provision which shall be deemed deleted.

16. Disputes

16.1 If the customer has a dispute in relation to dealings under this agreement, which can not be resolved through verbal exchanges between the customer and company, the customer agrees to reduce the grievance to writing and submit this writing to the company.

16.2 If after 14 days of serving the company with these grievances, the customer is still not satisfied with the companies response to its grievances, the customer agrees to file an application for an order under section 6 of the Consumer Claims Act (NSW) 1998, with their local Department of Fair Trading office, who can be contacted on 133220.

16.3 Clauses 16.1 and 16.2 may be referred to as the companies “Internal Complaints Procedure” and as such the customer agrees that they do not need the services of the TIO, as the TIO is an office of last resort, only to be used after completing the companies Internal Complaints Procedure.

16.4 The customer agrees that the company has applied for an exemption from the TIO on the basis that this clause (16) of the contract effectively covers the customer’s consumer rights. The customer agrees with the company applying for this exemption and agrees not to use the services of the TIO. If in the interim, any customer uses the services of the TIO, they agree they are not using the TIO as an office of last resort and agree to pay any charges levied by the TIO on the company.

17. Company's Rights

17.1 Any express statement of a right of the Company under the Contract is without prejudice to any other right of the Company expressly stated in the Contract or arising at law.

18. Service of Notices

18.1 Any notice or other document which may be given or served by the Company under the Contract shall be deemed to have been duly given or served if left at or sent by post to the address at which the Service is provided, or the address otherwise notified by the Customer or delivered to the Customers mailbox on the Service. The Company's address for service of any notice by the Customer under the Contract shall be P.O. Box 100, Blakehurst, NSW, 2221 or any different address notified to the Customer, by a director of the company. Written notice shall include notice by uninterrupted facsimile transmission to the companies said machine.

19. Jurisdiction

19.1 The Contract shall be governed by the laws in force in the State of New South Wales, and the Commonwealth of Australia, and each party hereto submits to the exclusive jurisdiction of the Courts of that State, and Country. Further to this, the customer agrees that the company may choose the venue for any legal action and the customer will not dispute this venue or request of a change of venue.

20. Acceptance

20.1 The customer is deemed to accept these terms and conditions after undertaking any of the following acts:

(a) Payment of any monies to the company; or

(b) The verbal or written agreement to use any of the companies services; or

(c) The use of any of the companies services.