Corporate Connect Pty. Ltd. ADSL Terms and Conditions: Corporate
Connect Pty Ltd ABN 87 089
323 722 (hereinafter eferred to as “CCOZ”) and the Customer
(being an entity subscribing to CCOZ for the provision of ADSL Services),
accept, without limitation or qualification, these terms and
conditions.
1.
Any
support, maintenance and/or consulting by CCOZ to the Customer shall be regarded
as separate to this agreement. The Customer is responsible or any expenses
relating to, but not limited to cabling, configuration, reconfiguration and/or
modifications to the Customer’s equipment.
2.
Equipment
provided by CCOZ to the Customer is covered by a 1 year return to base
warranty.
3.
Subject
to CCOZ’s Standard Terms and Conditions, the provision of services will be
ongoing until terminated by either party giving 30 days notice in writing. If
the Customer terminates this Agreement before the expiry of the Initial Contract
Period, the Customer will be liable to pay the remaining access charges up to,
and including, the end of the Initial Contract Period.
4.
If
the Customer fails to comply with any of the conditions set out in this
Agreement and/or with CCOZ’s Standard Terms and Conditions, CCOZ may terminate
this Agreement immediately by giving written notice. On termination, the
Customer’s right to use the ADSL Service ceases immediately and CCOZ will not be
liable for any loss or damage suffered by the Customer.
5.
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 CCOZ 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, after connection to the ADSL
Network.
6.
The
Customer acknowledges that CCOZ 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.
7.
Customers
use the ADSL Service at the Customers own risk and CCOZ 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 CCOZ, 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 CCOZ mail
service.
8.
CCOZ
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 CCOZ 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
CCOZ depends on the performance of Third Parties over which CCOZ has no control
and therefore can accept no liability for problems that may arise from the
service.
9.
The
Customer hereby indemnify’s CCOZ against all liability, costs, loss or damage,
suffered or incurred by CCOZ, its suppliers, employees, contractors and
assignees arising from this Agreement or the use of the ADSL Service.
10.
The
Customer agrees to direct all queries regarding faults and outages of the ADSL
Service to CCOZ’s Technical Help Desk. The Customer is liable for any inquires
to Third Party service providers or Telstra. CCOZ will invoice the customer for any
cost incurred by the customer calling Telstra for any help or queries relates to
the ADSL service.
11.
If
the Customer acquires the CCOZ Service by signing an agreement provided to the
Customer by a CCOZ Dealer, the Customer acknowledges that the Dealer is acting
as CCOZ’s agent only for the purposes of receiving this agreement from the
Customer and providing it to CCOZ. The Dealer is not CCOZ’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 CCOZ Dealer is not the Customer’s
agent.
12.
The
Customer’s equipment must conform to the minimum requirements for the
provisioning of CCOZ’s ADSL Services.
13.
The
Customer agrees that information concerning the Customer will be held by CCOZ
and may be used to enable both parties to perform obligations defined in this
Agreement and any other agreements between CCOZ and the Customer.
14.
This
Agreement shall operate and be binding upon the parties from the date of its
execution.
15.
The
Customer agrees that CCOZ may increase its charges by any new or increased
Government taxes, charges, fees, duties or other imposts.
16.
The
Customer agrees to pay charges for the ADSL Service in accordance with the CCOZ
Internet Price List. The Customer understands that these charges might be
altered from time to time by CCOZ giving 14 days notice of such alterations to
the Customer in accordance with this Agreement. However, CCOZ will not increase
the access charge payable by the Customer during the Initial Contract
Period.
17.
The
Customer acknowledges that there may be a minor disruption to the nominated
standard telephone service during ADSL installation.
18.
Where
the installation of Equipment involves a telephone line, the Customer warrants
that the Customer is the legal renter of the telephone
line.
19.
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.
20.
The Customer must not create any conflict
with the normal operation of the ADSL Service or any related facility of
service.
21.
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.
22.
CCOZ
will commence the Initial Contract Period and the billing cycle for data traffic
on the first usage or 14 days after Telstra activates the ADSL line whichever
comes first.
23.
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,
EFT or Direct Debit once the ADSL line has been confirmed as
available.
24.
All
notices shall be in writing and shall be hand delivered, or sent by post, or
facsimile to the parties hereto at their respective
addresses.
25.
ADSL
changes, additions and/or cancellations incur additional charges, as displayed
on the CCOZ website
www.ccoz.com and the CCOZ Internet Price
List.
26.
Migrating
to another CCOZ ADSL 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 CCOZ. 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.
27.
The
Customer agrees that if CCOZ is asked to investigate a breakdown in the service
and upon investigation it is found that the fault is not due to CCOZ equipment
then the Customer agrees to pay CCOZ its standard hourly rate for time and
travel.
28.
CCOZ reserves the right to change these
ADSL Terms and Conditions without notice to the customer.
29.
CCOZ
reserves the right to terminate the service immediately and recover all monies
owing, including the cost of recovery, when payments are
overdue.
30.
CCOZ
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. CCOZ
assumes no responsibility or liability arising 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.
31.
CCOZ
reserves the right to suspend or terminate, with or without notice, any
Customers’ account, which in CCOZ’s opinion, directly or indirectly is involved
in activities, which are detrimental to CCOZ’s Internet service or jeopardise
the use of CCOZ’s service or its performance for other customers or how the
wider community will perceive CCOZ. 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 CCOZ 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.
32.
CCOZ
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 30 and
31).
33.
The
Customer must not use the CCOZ service in a way or post to or transmit to or via
the CCOZ 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 CCOZ service. The Customer must
not use the CCOZ 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.
34.
CCOZ
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.
35.
CCOZ
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.
36.
CCOZ
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.
37.
These
ADSL Terms & Conditions are subject to change without
notice.
38.
The
Customer agrees to be bound by CCOZ’s Standard Terms and Conditions as displayed
at the CCOZ Internet web site
www.ccoz.com. The Customer understands that CCOZ’s Standard
Terms and Conditions and CCOZ’s ADSL Terms and Conditions can be amended from
time to time.
39.
CCOZ makes no warranties or
representations as to the accuracy of Information in or linked to the CCOZ web
site and assumes no liability or responsibility for any errors or omissions in
content.
40.
This
Agreement overrides and cancels any previous agreements, whether verbal or
otherwise, arrangements or commitments between the Customer and CCOZ relating to
ADSL Internet Connection Services.
41.
This
Agreement shall be deemed to have been made in Melbourne, Australia, and it
shall be governed and interpreted according to the laws, including conflict of
laws, applicable in the State of VIctoria. Each of the parties submits to the
jurisdiction of the Courts of Victoria.
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