Part I Ė Definitions
1.1 ďThe ProviderĒ
is Indigo Networks.
is the applicant named on the signed application form.
ďThe ServiceĒ is the private network owned by The Provider,
providing Internet access to The User.
ďAccountĒ refers to The Userís right to use The Service.
Notices shall be in writing and delivered by email, facsimile,
post, or hand.
Part II Ė Agreement
The Provider reserves the right
to terminate The Userís connection to the Internet at anytime.
The Provider may perform any act reasonably necessary or incidental
to the proper running of itís network.† This includes, but is not limited to, the suspension of The Userís
Account and the monitoring of The Userís use of The Service.
The User is responsible for any and all use of their Account,
whether such usage is a result of deliberate and/or negligent
action on their part.
The User must be over 18 years of Age. Proof of Age may be
requested by The Provider and must be supplied on such request.
Should The User allow a minor to access The Service, The User
will be solely responsible for their actions.
The Provider shall not be responsible for any data which is
stored or transmitted through its network as a result of the
use of the Userís Account.
2.7 The User agrees
not to share their account with any other person or organisation.
If it is discovered that The User has been involved in account
sharing or if it is found that The Userís Account is being used at
multi sites, The Provider
may cancel the account without notice.
2.8 The User shall not have more than one connection to The Service
at any one time on the same Account.
2.9 The Userís Account has a monthly traffic allowance. The allowances
are as follows:
Only (Turquoise): 10 mb
Usage (Aqua): 125 mb
Account (Azure): 230 mb
Usage (Marine): 500 mb
56/64k: 0 mb
direct traffic downloaded in excess of these amounts will be
charged to the Userís Account at the applicable rate: $0.22
/ mb for dialup accounts;$0.165 for all other permanent accounts.
Provider defines a Megabyte (mb) as One million (1,000,000)
bytes and a Gigabyte (Gb) as One thousand (1,000) Megabytes.
2.10 Any Access Fees and Connection Fees charged by the Provider
pursuant to this Agreement are payable in advance of the Service
2.11 The Provider may terminate this Agreement without notice should
The Userís Account be found to partake or attempt to partake
in any of the activities outlined in clause 3.3.††
Terminations under this clause will result in forfeiture
of any sums paid.
2.12 This Agreement will remain in place until it is terminated
either : (i) by the giving, by either party, of one monthís
written notice of termination to the other; or (ii) under any
other clause of this Agreement.
III Ė Provision of Service
The Provider reserves
the right to deny access to any potential clients at itís discretion.
The Provider will provide The User with an Account
The Provider provides no guarantees, either expressed or implied,
regarding the availability of The Service. The User indemnifies
The Provider against any losses by The User as a result of The
Service not being available.
The User agrees that The Service cannot and will not be used
by any individual, group or body for any activities of an illegal,
fraudulent or disruptive nature, including any activities prohibited
under the Australian Commonwealth Government Telecommunications
Act (1989), or under unauthorised use of copyright Material.
Such activities include, but are not limited to Unsolicited
Bulk Email (SPAM), Ping Floods or Denial of Service Attacks.
Should The Userís system remain idle for a period of greater
than 30 minutes they will be disconnected from The Service.
The Provider will, where possible, offer telephone and email
support for a limited number of Internet applications. A list
of supported applications is available on request. Support not
covered is available at standard consulting rates.
Any advice given to The User by an authorised representative
of The Provider is provided in good faith. Should The User act
upon the advice of The Provider they do so at their own risk,
and indemnifies The Provider against damage, loss, or any other
problems which may result from acting on The Providerís advice.
3.7 Any software
provided to The User is to be used at The Userís own risk. The Provider offers the software in good faith and should any
damage occur with hardware or other software, The User hereby
indemnifies The Provider against such problems.
Part IV Ė Payments
The User agrees to pay all charges incurred as a result of using The
Service. Charges incurred by the user to other parties (e.g.
Telecommunications Provider, Internet Vendors) through the use of The
Service, are the responsibilty of the user and are payable seperately to the
4.2 Should the period
of The Service extend beyond July 1st 2000, The User
will be liable to pay The Provider, in advance, GST at the applicable
rate. The amount will be charged pro rata in accordance with
the Service Period extending beyond June 30th, 2000.
4.3 If The User provides
credit card details, they hereby authorise The Provider to debit
the card on or around 1st of each month for outstanding
fees and/or Excess data charges as outlined in The Providers
4.4 The User will pay their Account before or on the 1st
of each month. Should an Account be paid in cash, and the 1st
day of the month fall on a Weekend or Public Holiday, the due
date of The Account shall be on the next business day. The Provider
reserves the right to suspend access to The User until The Account
is paid in full.
In cases pursuant to
clause 4.3, where a credit account has been established by The
User, The Account must be paid by the due date, or The User
may have their access temporarily suspended.
Should the User provide
any dishonoured cheques a $22 charge per cheque will be incurred.
The Provider reserves the right to change prices and charges at any time.
Should The Provider change any pricing, The Provider will notify
The User giving one monthís notice of intent to change prices.
4.8 The User is responsible
to notify The Provider should their Account no longer be required.
Should an Account remain open and not in use,
The User will be responsible for ongoing fees until The Provider
is notified of the intent to cancel the Account; termination
will then proceed under clause 2.12.
4.9 Any outstanding charges payable by The Customer following
the termination of this agreement shall endure.
4.10 Any Pre-payments by The User shall be refunded on a pro-rata
basis after termination. This is determined by subtracting the
charge applicable for the Service period actually rendered.
This excludes termination under clause 2.11.
4.11 Any cost incurred by the provider in
the recovery of outstanding amounts will be paid by the user.