Terms and Conditions

Hotnet ADSL Broadband Terms and Conditions.

Conditions

• An initial 12 month minimum contract applies to these services.
• Payments may only be made via credit card.
• ADSL services are non-refundable [*1].
• Excess Data will incur GST charges.

• Always-available connection - Connect anytime, no busy signals, dedicated connection to the Internet.
• Use your phone concurrently - Telephone line can place and receive calls concurrently - no second line needed!
• Dynamic IP address - Supports PPPoA client software or a PPPoE / PPPoA compatible firewall device.
• All Operating Systems Welcome - If it supports PPPoA.
• Bring your own ADSL device - Choose the device that suits your needs - bring your own or buy one from us at a competitive [1] rate - see our pricelist for details.
• Use anytime - No Peak/Off-peak time limitations on when you can use your service [2] No regional surcharge - Same access prices for any area we cover, metro or regional.
• 5 MB Web space included (for personal use only) [5]

• No resale of bandwidth. Unused Data is not transferable.
• Static IP addresses are available for an additional $11 per month.

Conditions may change - If service conditions are changed in the future, customers will be permitted to cease using the service (outside the contract period) without penalty if the new conditions are not accepted.

1. Customers wishing to terminate their ADSL service with HOT prior to the end of the first twelve billing months are liable to pay any balance outstanding on the full contract price (in addition to any outstanding excess charges and Activation fee plus an $80 disconnection fee). 
Once the ADSL order form is lodged with HOT, barring a Carrier service application rejection (only), the customer is liable for the charges for the term of the contract, including Activation fee and disconnection fee, if a request is made to terminate the ADSL service with HOT prior to the end of the first contract date.

30 Days prior written notice is required to terminate ADSL Services, otherwise contract will self-renew at the end of the twelve(12) month period.
Any requested plan changes to an ADSL service will take effect at the start of the next billing period. HOT services are non-refundable.

2. Some ADSL providers provide different usage allocations for different time bands. We let you use your connection whenever you want without penalty.

3. Single mailbox, virus filter, spam filter and parental controls are provided with the service.

4. Webspace activation is via a written request to support@hot.net.au

Please be aware that if you:

• Change the name of Lessee of the telephone service you have ordered your DSL service on, or
• Change phone number , or
• Change service location (even if taking the same telephone number with you) ,or
• Change pre-selected phone carrier service or if Telstra disconnect your phone service (usually due to non-payment of Telstra bill),

Hotnet Standard Terms and Conditions

1. Definitions

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

• "Application Fee" means the registration fee (if any) payable by the  Customer to the Company or such amount as may be specified in the Company's Schedule of Charges from time to time.
• "Application Form" means the Company's standard form of application for provision of the Service.
• "Company" means HARBOUR OF TECHNOLOGY PTY LTD ACN 088865 234.
• "Contract" means the contract between the Company and the Customer comprised of the Application Form and these conditions.
• "Customer" means the applicant specified in the Application Form.
• "Service" means access via the Customer's computer(s)to the Company's network including computer communications facilities, computer resources and disk storage.
• "Service Fees" means the service fees payable by the Customer for the Service as published by the Company in its Schedule of Charges from time to time.

2. Scope of Contract

Subject to the due compliance by the Customer of its obligations under the Contract, the Company shall supply the Service to the Customer at such time and by such means as the Company from time to time deems appropriate.

3. Term of Contract

3.1 The Contract shall commence on the earlier of acceptance by the Company of the Customer's Application Form and the date upon which the Customer first uses the Services.

3.2 The Customer may terminate the Contract at any time by giving fourteen (14) days written notice to the Company.

3.3 If the Contract is terminated by the Customer pursuant to Clause 3.2, the Company shall be entitled to retain any monies paid.

3.4 To cancel an account (thereby terminating this contract) the Customer must contact HOTNET via e-mail, phone, fax or postal mail with your username, your full name, address, and contact phone numbers. Failure to respond to invoices will not terminate the Customer's account automatically. The account is automatically renewed when the Customer prepaid period expires- its cancellation must be specifically requested.

4. Use of Service

4.1 The Customer shall not use the Service or permit the same to be used by any other person or entity for any illegal purpose.

4.2 The Customer shall not use the Service or permit the same to be used by any other person or entity for sending to any person, or receipt by any person including the Customer of, any communication which is:
(a) offensive; or
(b) abusive; or
(c) obscene; or
(d) indecent; or
(e) menacing,
or which causes or is intended to cause annoyance, inconvenience or anxiety to any person.

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

4.4 The Customer shall comply with all laws relating to the use of the Service.

4.5 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.

4.6 The Customer must be at least eighteen (18) years of age. A minor's parent or legal guardian may authorise the minor's use of the account, but must assume all liabilities resulting from the minor's use of the Company's services.

5.  Third Party Providers

5.1 The Customer acknowledges and agrees with the Company that third party providers of information may impose additional terms and conditions regarding the provision and/or use of their information and/or services and that such terms and conditions may limit or purport to limit such third parties from liability regarding the information and/or services provided by them.

6. Access

6.1 The Customer must at all times comply with verbal, written or electronic (including electronic mail and web page) instructions given by the Company from time to time in respect of access to the Service.

7. Service Charges

7.1 A Schedule of Charges for subscription to and use of the Service is published by the Company from time to time.

7.2 The Customer acknowledges and agrees with the Company that the charges for subscription to and use of the Service are subject to variation upon the Company giving not less than seven (7) days' notice.

7.3 The Customer shall pay the Application Fee (if any) to the Company upon the earlier of submission of the Application Form and when the Customer first uses the Service.

7.4 The Customer shall pay the Service Fees to the Company within seven (7) days after the date of the relevant invoice by the Company. Unpaid accounts may be locked (services temporarily stopped) after seven (7) days with a $5 unlocking fee applying to return accounts to a functional state.

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

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

7.7 Any charge incurred by the Company relating to rejection by a bank or other financial institution of a customer's payment to the Company will be passed on to and shall be payable by the Customer.

7.8 In addition to any other payment required by this agreement, the Customer shall pay to the Company, from the date when the Company becomes liable for goods and services tax, value added or similar tax with respect to the services or facilities provided by the Company to the Customer under this agreement or any renewal or extension of this contract, and/or (as the case may be) keep the Company indemnified against,  the amount of any goods or services tax, value added or similar tax which may be paid or payable by the Company, or chargeable to the Company on any charge, subscription, outgoing or other sum or amount payable by the Customer.

8. Confidentiality

8.1 The Customer acknowledges the confidential nature of the Company's intellectual & industrial property rights in respect of the Service.

8.2 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.

8.3 The Customer shall not disclose its password(s) to any third party.

8.4 The Customer's obligations under this Clause 8 shall survive termination of the Contract.

9. Liability of the Service Provider

9.1 The Company shall use all reasonable care in provision of the Service, 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.

9.2 Where any Act of Parliament implies to 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) that 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 or more of the following:

(a) if the breach related to goods:
(i) the replacement of the goods, or the supply of equivalent goods or payment of the cost of replacing the goods or of acquiring equivalent goods; or
(ii) the repair of such goods or payment of the cost of having the goods repaired;
(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.

10. Force Majeure

10.1 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.

11. Variation of Contract of Use

11.1 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.

12. Termination

12.1 The Company may terminate the Contract immediately by notice in writing to the Customer if:

(a) any payment due from the Customer to the Company pursuant to the Contract remains unpaid for a period of seven (7) days; or

(b) the Customer breaches any provision of the Contract and such breach is not remedied within seven (7) days of written notice by the Company.

12.2 Notwithstanding Clause 12.1, the Company may terminate the Contract immediately by notice in writing to the Customer if:

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

(b) In the opinion of the Company, the Customer has or may use the Service for any unlawful or improper or in a manner that may jeopardise the security or interface in the property operation of the Service 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.

12.3 If notice is given to the Customer pursuant to Clauses 12.1 or 12.2, the Company may, in addition to terminating the Contract, retain any monies paid in advance by the Customer.

13. Assignment

13.1 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.

14. Waiver

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

14.3 Subject to Clause 14.1, 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.

15. Entire Agreement

15.1 The Contract constitutes the entire agreement between the parties in respect of provision of the Service. Any prior arrangements, agreement, representations or undertakings are hereby expressly negatived. Subject to the provisions of Clause 11, no modification or alteration to any provision of the Contract will be valid except in writing signed by each party.

16. Headings

16.1 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.

17. Severability

17.1 If any provision of the Contract is held invalid, unenforceable or illegal by any Court of competent jurisdiction then in that event the offending provision shall be deemed to be severed to the extent of the said invalidity, unenforceability or illegality and the Contract shall otherwise remain in full force and effect.

18. Disputes

18.1 Any disputes arising in connection with the Contract which cannot be settled by negotiation between the parties or their representatives shall be submitted to mediation in accordance with the Rules of the Law Society of New South Wales. During such mediation, both parties may be represented by a duly qualified legal practitioner.

19. Company's Rights

19.1 Any express statement of 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.

20. Service of Notices

20.1 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 Customer's mailbox on the Service. The Company's address for service of any notice by the Customer under the Contract shall be Suite 2, Upstairs, 70 First Avenue, Sawtell, NSW., 2450. Or any different address notified to the Customer. Written notices shall include notice by facsimile transmission.

21. Jurisdiction

21.1 The Contract shall be governed by the laws in force in the State of New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State.

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