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Conditions of Use

 

Preamble & Definition of Terms.

  • The Conditions of Use are designed to provide a framework of obligations and liabilities between TACCOM Pty Ltd referred to as the Provider and its customers.
  • The Conditions of Use form a contract between any person who has or had a Service with the Provider, referred to as the customer, and the Provider, for use of any data transmitted and received from the Providers equipment to the customers equipment, that data and the Providers equipment referred to as the Service.
    Customers refered to as a "Dialup Customer" defines a customer who connects to the Service using an analog modem i.e. a 56k or less dialup modem on a standard (PSTN) telephone line using ring tones to contact the Service
    All other customers are refered to as Digital Customer and include ADSL, ISDN, Telephony, Bundled Telephony and ADSL Services
    If the customer is a business then the principle of the business is defined as the customer
    If the word "customer" is not prefaced with the words "Dialup" or "Digital" it refers to all customers both Dialup and Digital
    The customer explicitly agrees to abide by the Conditions of Use and acknowledges these conditions are enforceable at law.
  • If the following Conditions of Use are not acceptable to any customer that customer must cancel their Service within seven (7) days of the commencement date of their Service
    Dialup Customers will be refunded amounts paid to the Provider for monthly access less a fee of $2 per hour used for or 40c per 1Mb downloaded which ever is the greater.
    For Digital Customers prorata of monthly access fees that where paid in advance, if applicable, will be refunded. Digital customers are liable for an early exit fee if cancelation is within the term of their agreed contract of $95
    For all customers setup costs are none refundable.
    While the above conditions are our legal standpoint be advised that the Provider will make every representation to third party companies on the customers behalf to obtain reasonable outcomes for the customer. If the customer maintains their Service for a period longer then 7 days then the customer agrees to be bound by the Conditions of Use.
  • Please be aware that cracking (intentionally altering or reading data on a computer that is not your property) IS AN OFFENCE UNDER SECTION 233 of the crimes act punishable by large fines (over $10,000) and/or prison terms.
    SPAMING (sending unrequested mail) is now also an offence punishable by law. The Provider will alert authoritys to any customer whom the Provider beleives is sending spam.
    Activities such as flooding, bombing, nuking etc are criminal offences that have similar punishments.
  • Please report any information you have on these crimes to the police computer crimes squad by first contacting your local police station.
  • MINIMUM CONTRACT PERIODS
    These are the current minimum contract periods for each type of service the Provider supplys
    1. Dialup minimum contract period 1 month
    2. DSL, ADSL1 and ADSL2 through the telephone wire: minimum contract period 6 months
    3. Telephony including Bundled Telephony and DSL: minimum contract period 12 months
    4. Wireless Broadband minimum contract period 2 years if modem included otherwise month to month
    The Customer agrees to these minimum Contract periods if they maintain the Service for 7 days after the original connection

    5. Change of DSL, ADSL1 or ADSL2 speed minimum contract period 6 months
    The Customer agrees to this minimum Contract period for change of speed
  • There are extra costs involved if any of the following occur:
    1. 2 or more modems are used simultaneously by 1 Dialup customer.
    2. A password is given to a third party by a Dialup customer and that third party uses the Service.
    3. Exceeding the limits of the customers agreed plan
    4. Not paying a payment by the due date.
    5. An early termination fee of $120 will be charged to Customers cancelling the service before the agreed period of the contract

      EXTREMLY IMPORTANT INFORMATION

      There are a number of rules imposed by Telstra on Digital Services that Digital Customers must be aware of
      1. A change of speed extends the existing term of the original contract by six months from the date the Service was increased/decreased in speed OR if the Digital Customer is out of contract a change of speed imposes a six months contract from the date the Service was increased/decreased in speed
      2. A Digital Service is not portable without cost

      The following examples illustrate some of the issues caused by this Telstra rule
      a. Ifthe Customer moves premises even if it is next door the Service must be reconnected and Telstra charge the Provider $120 to reconnect a service which the Provider will charge the Customer.
      b. If the Service is still under contract at the time of the move Telstra charge the Provider an additional $120 for an early termination fee which the Provider will charge the Customer
      c. Finally because the service is not portable changing the name of the owner of the telephone account will cause the service to be disconnected
      again this rule is imposed by Telstra and the same costs apply for early termination and reconection to the Digital Customer
      These are circumstances the Provider has no control over and it is explicitly agreed by the Customer to pay any costs to a third party imposed on the provider because of the Customers actions. The customer explicitly indemnifies the Service Provider against all or any such claims by a third party

    6. Any action that causes the Service to fail whether knowingly or unknowingly commited can be liable to pay compensation to the Service Provider or any third party that was adversly affected by the customers action.
      The customer explicitly indemnifies the Service Provider against all or any such claims by a third party
    7. Intentionally damaging the Providers hardware or software
    8. Cancelling a contract before the verbally agreed contract has expired

 

Section 1. Use of the Service

  1. The Providers sole agreement to the customer is to provide access to the Internet in accordance with the conditions as listed below.
    The Provider is not responsible for the successful operation of any other service or programs the customer wishes to operate on the internet including but not limited to, email, irc, web browsers and FTP programs. The successful running of these programs or services is entirely the responsibility of the authors of those programs.
  2. The customer should not use the Service in any way that violates the laws of Australia.
  3. The customer should not use the Service for the transmission of any copyrighted material, including but not limited to music, without permission from the copyright holder or their agent.
  4. The customer should not use the Service for sending/displaying any communication which is indecent, offensive, abusive or obscene.
  5. It is the customers responsibility to ensure that any software used on the customers computer for access to the Service is appropriately licensed.
  6. Any intentional use of the Service for the purpose of causing disruption or damage to our Service or any other service will result in the immediate cancellation of the customers Service, prosecution under the relevant laws and a civil claim for the cost of that disruption or damage .
  7. The customer agrees to the Providers logs as being an accurate representation of events unless the customer can produce evidence proving beyond doubt the Providers logs of events are incorrect
  8. It is the customers’ responsibility to protect their password. The customer shall not disclose their password or share their membership with any third party as this is subject to an additional $35 per month backdated to the first month the customer shared or on sold there Service additionally the customer agrees to pay excess charges, damages and any other costs incurred by any third party that uses the customers Service. The Provider will not be liable for loss of email or illegal use of email by any person who has obtained details of the customers’ password.
  9. The customers’ membership entitles the customer to the use of 1 modem per Service.
    Additional modems used by that Service will be treated as a separate Service and will be charged at $35 per additional log in
    Further instances of additional modem use are chargeable at $35 each login.
  10. Reasonable Use: The customer agrees to abide by the Service Provider's definition of reasonable use as it may be applied.
    The application of reasonable use by the Service Provider is to cover circumstances not provided for in the defined conditions of use.
    As an example where this provision may be enforced by the Service Provider. If a customer set up a web site that was very popular on the internet and because of the sites popularity the Service could not cope with the required bandwidth to this one website then the Service Provider may use the definition of reasonable use to negotiate with the customer a fee that was apropriate to the usage required by the customer.
    If negotiations where not satisfactoy to the customer then the customers only recourse is to close their Service.
  11. The Provider has the right to change any aspect or condition of the Service without notice to the customer if the Provider reasonably expects this change to be in the best interests of the Service or as the Provider sees fit.

Section 2.Payments & Fees

  1. The customer agrees to abide by the maximum data transfer, hourly limits and extra usage charges as agreed to at the commencement of their Service or any subsequent changes to the conditions of the Service as advised by the Provider as posted to the Providers web site or via email.
  2. The customer agrees to make payments each successive month on the anniversary of the original payment day or on a day mutually agreed to by the Provider and the customer without advice or invoicing by the Provider. Payment dates after the 28th (29, 30 and 31) of each month are deemed to be due on the 28th of each month.
    All digital customer payment's fall due on the 1st of each month and are payable in advance.
  3. The customer agrees that extra usage charges can be deducted from their credit card or if paying by cash, will be paid for BY THE 7th of the next month after the extra usage occurred.
  4. Extra usage charges will be calculated from the 1st of the month to the 1st of the following month NOT FROM THE CUSTOMERS PAYMENT DATE except after the customers last payment the Provider will calculate the customers usage for the period between the customers final payment and when the customer ceased to use the Service.
  5. The customer agrees that giving The Provider a credit card number to make monthly withdrawals also gives the Provider the authority to make those withdrawals on a monthly basis for all subsequent months the customer is a member of the Service.
  6. If the customer assigns the Service to another party the Provider must be informed within 7 days of the transfer of ownership of the Service. If the Provider does not receive notice of transfer of the Service the original owner of the Service is responsible for all outstanding debts.
    Where the customer is a business it is the principle of the business who is responsible for all outstanding debts. If the business principle changes the responsibility for payment passes to the new principle of the business without notifacation to the Provider.
    Rights of ownership of the Service are not automatically granted to the assigned party and the Provider at its discretion may cancel the Service if a change of ownership occurs without notification or explanation as to why the Service has been cancelled
  7. The customer also agrees that by giving the Provider the authority to withdraw credit payments on a monthly basis that the authority is to remain valid until the customer withdraws that authority in writing or by email and the customer is responsible to ensure the advice so given has been received by the Provider however such advice will not waive the collection of outstanding debts by the Provider that the Customer accumulated before the advice was given.
  8. Charges for subscription to use the Service are subject to variation at any time as advised by the Provider by posting to the Providers web site or via email.
  9. All log on Services must be paid within three (3) days of the due payment date
    Accounts not paid within three (3) days will be disabled.
    Disabled Services that have not been paid within seven (7) days will be deleted from the Providers system.
    A service fee of $10 will be charged by the Provider to enable a disabled Service.
    A service fee of $20 will be charged by the Provider to reinstall a deleted Service.
    The Provider may allocate a disabled or deleted customers username to a new diallup Service during the period the customers Service is disabled or deleted
  10. Outstanding debts to the Provider may be passed to a debt collector after 14 days of the debt becoming due and will incur an additional charge of $50 for the services of the debt collector.
    A liquidated claim for damages will be lodged on all debts owed to the Provider after a period of 28 days of the debt becoming due.
    The customer agrees to pay the lodgment fee ($85 or as determined by the court) and all additional legal/court costs as incurred by the Provider in attempting to recover the debt.
  11. The Registration Fee, Service charge, setup fee or handling fee, if any, are not refundable
  12. While the Provider will make every effort to bill the customer on a monthly basis the Provider reserves the right to claim any outstanding debts owed to the Provider by the customer at any time even after the customer has cancelled the Providers Service.

Section 3 Customer Cancellations

  1. The customer may cancel their Service by giving notice 30 DAYS notice of the date they wish to cancel on.
    This notice is required by our wholesalers and is the time they require to cancel an Service
    So we have to pass this on to our customers
    Additionally Digital Customers are under contract so be sure that your cancellation does not break your contract otherwise there is a $120 fee for early termination.
    Notice must be via email and should be sent from the customers existing tac.com.au Service. The email must be sent to support@tac.com.au and a cancellation receipt will be returned to the Service used to send the notice from.
    If you do not use your TAC Service to send the email from all the customer must include there TAC email address, name and address in the email otherwise the Service WILL NOT be cancelled
    It is the customers responsibility to prove such notice was given if the Provider has no record of the cancellation or the cancellation does not specify the Service to be cancelled.
    No refunds shall be given for parts of months or for months where the customer has not used the Service.
    If you do not give notice in advance of your intention to cancel the Service TAC systems is under no obligation whatsoever to cancel the Service because you have not used the Service
    This is entirly in line with industry codes of service as you would not expect your telephone service or electricity to be cancelled because you did not use it. So it is the same with your internet service.

      2. Section 3. The Liabilities and Rights of The Provider

      1. The Provider shall not, under any circumstances, be liable to the Customer for any loss or damage to equipment or data caused by use of the Service.
      2. The Provider shall not, under any circumstances, be liable to the customer for any incurred liabilities by the customer to any other party for any reason what so ever, this includes, but is not limited to, unlawful use of credit cards by other parties the customer has provided such information to while using the Service or telephone bills accrued by the customer in using the Service.
      3. While the Provider will make every attempt to maintain the Service the Provider will not be liable to the customer for any delay or failure of the Service for any reason whatsoever.
        The customer agrees to indemnify the Provider against any claims brought against the Provider because of delay or failure of the Service.
      4. The Provider has the right to vary the Conditions of Use at any time by posting such changes to the Providers web site.
      5. The Provider reserves the right to enforce the Conditions of Use at the Providers absolute discretion. The failure of the Provider to act on any condition does not waive the Providers right to act on that condition at a later date nor does the failure to act on any condition diminish the right of the Provider to act on any other condition at any time as the Provider sees fit.
      6. We reserve the right to terminate the customers’ membership immediately for any reason listed below.
        Such termination shall not alleviate the customer from any outstanding debts to the Provider.
        • Any payments owing by the customer are not paid by the due date
        • The customer breaches any provision of the Conditions of Use.
        • The customer behaves in an offensive, abusive, anti social or illegal way to any employee or agent of the Provider or its associated companies or to any third party who can prove, beyond doubt that the customer behaved in such a way while using the Service.
        • If the Customer intentionally causes damage to equipment or software configuration belonging to the Provider.
        • At the sole discretion of the Provider or its agent for any other reason considered against the interests of the Provider, any member of the Providers staff or any third party
        • At the request of any government agency either State or Federal for any reason they consider to be necessary.

       


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