Terms And Conditions

IN ADDITION TO READING THESE TERMS AND CONDITIONS IN FULL, YOU SHOULD READ Ozsell'S ACCEPTABLE USAGE POLICY WHICH FORMS PART OF THE TERMS ON WHICH YOU CONTRACT WITH Ozsell.

These are the terms and conditions on which Ozsell offers to provide internet access services to you. These terms and conditions are to be read in conjunction with any terms and conditions included in the Ozsell Customer Plan chosen by you, and Ozsell's Acceptable Usage Policy.

YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND Ozsell'S ACCEPTABLE USAGE POLICY ONCE YOU SUBSCRIBE TO, OR FIRST USE THE SERVICES PROVIDED BY Ozsell, WHICHEVER EVENT IS EARLIER IN TIME.

Ozsell is an internet service provider that will supply you with those dial-up internet access services set out in the Ozsell Customer Plan chosen by you in return for you paying the fees included in the relevant Ozsell Customer Plan.

Ozsell may vary the Services and Charges set out in a Ozsell Customer Plan from time to time provided it complies with the notification requirements included in these terms and conditions.

1. GUIDE TO INTERPRETATION OF TERMS
1.1 Acceptable Usage Policy means the Ozsell Acceptable Usage Policy.
1.2 Agreement means these terms and conditions and any variations or further terms and conditions accepted by you from time to time.
1.3 Business Day means any day on which the Commonwealth Bank is open for general banking business in the Brisbane Central Business District.
1.4 Charges means the charges for the Services as set out in the applicable Ozsell Customer Plan and as advised to you by Ozsell from time to time in accordance with this Agreement.
1.5 Establishment Fee means the establishment fee specified in the Ozsell Customer Plan.
1.6 GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7 IP Address means an internet protocol address.
1.8 Ozsell Customer Plan means the Ozsell Customer Plan chosen and completed by you.
1.9 Ozsell is the trading name of, and is a reference to Ozsell PTY LTD A.C.N. 096 012 690 and includes any of its related body corporates (as that term is defined in the Corporations Act).
1.10 Regulator means any State or Commonwealth Government authority, including but not limited to the police service of any Australian State or Territory, the Australian Federal Police Service, the Australian Competition and Consumer Commission and the Australian Communications Authority.
1.11 Services means the services set out in the Ozsell Customer Plan chosen by you, as varied by Ozsell from time to time in accordance with this Agreement.
1.12 You means the person or entity that orders and accepts supply of the Services from Ozsell.

2. ENGAGEMENT
2.1 By completing a Customer Plan you agree to appoint Ozsell to provide the Services to you on the terms and conditions set out in that Ozsell Customer Plan, this Agreement and the Acceptable Usage Policy.

3. SERVICES
3.1 Ozsell will provide the Services to you on an "as is, as available" basis and will use its best endeavours to do so.
3.2 You are responsible for the set-up or configuration of your equipment to allow access to the Services. Ozsell is under no obligation to assist you in connecting your equipment to the Services, and is not responsible for the installation, use or any charges associated with any telephone lines, equipment or software that you may require in order to access the Services.
3.3 Ozsell is not liable for any dial-up charges imposed by your telecommunications carrier and you agree that the Charges are exclusive of such dial-up charges or any other charge imposed by your telecommunications carrier.
3.4 The Services do not include, and Ozsell is under no obligation to provide domain name server services, domain name registration functions, or IP addresses to you.
3.5 You agree not to on-sell or resupply, for reward or otherwise, the Services to any person.

4. RESTRICTIONS ON USE OF SERVICES
4.1 In using the Services, you must comply with these terms and conditions and the Acceptable Usage Policy.
4.2 Ozsell or any supplier of services to it may, at any time and in its absolute discretion intercept and monitor your use of the Services, or the data being transmitted by using the Services, for the purpose of complying with their obligations at law and to ensure that you are complying with this Agreement and the Acceptable Usage Policy.
4.3 You must co-operate with Ozsell and comply with all reasonable requests or directions made by it that are necessary for the maintenance of the Services, or for Ozsell to discharge its obligations at law and to comply with its statutory and regulatory obligations, including, but not limited to, directions relating to:
4.3.1 Providing information to regulatory authorities;
4.3.2 Providing information for emergency purposes; and
4.3.3 Providing information for directory purposes.

5. SUSPENSION OF SERVICES
5.1 Ozsell may, at any time and in its absolute discretion, suspend the provision of Services, without being liable to you in any way, other than in accordance with this clause, if:
5.1.1 Ozsell suspects that you have, or intend to commit a breach of these terms and conditions or the Acceptable Usage Policy;
5.1.2 It is necessary for any routine maintenance or up-grading or other similar processes to be conducted to the equipment, network and systems through which the Services are provided, in which case Ozsell will seek, wherever possible, to provide you with reasonable notice of any such suspension of Services and to minimise the period of disruption to the provision of the Services;
5.1.3 It is necessary for work to be conducted on an emergency basis to ensure the long term integrity of the Services or the equipment, network or systems through which the Services are provided.
5.1.4 A supplier of services to Ozsell which are critical to Ozsell's ability to provide the Services to you discontinues the provision of those services to Ozsell for any reason whatsoever, in which case Services may be extended until an alternative supplier of those services is arranged.
5.2 If Services are suspended, you must continue to pay for the Services during the period in which the Services are suspended if the suspension is as a consequence of any of your acts or omissions, or those of any other person using your subscriber account. If the Services are suspended for some other reason and for a period of greater than 6 hours, you will be entitled to a pro-rata discount on the Charges applicable for the period of time the Services were suspended on your next invoice.

6. SUBSCRIPTIONS - COMMENCEMENT / AUTOMATIC RENEWAL
6.1 The Services are offered to you on a subscription basis which is cyclical and unless you terminate your subscription in accordance with this Agreement, your subscription will automatically cycle so that it is renewed at the expiry of each subscription period for an identical period and at the rate of Charges, and for the Services set out in the Ozsell Customer Plan chosen by you, as amended from time to time in accordance with this Agreement.
6.2 The subscription period is deemed to commence on the first day the Services are made available to you.
6.3 If you do not wish your subscription to be automatically renewed, you must inform Ozsell in writing at least 7 days prior to the expiry of your current subscription. If notification is not received by Ozsell 14 days prior to the expiry of your current subscription, your subscription will be automatically renewed.

7. CHARGES
7.1 You are principally liable to Ozsell for payment of the Establishment Fee and all Charges incurred by the use of your subscriber account, whether the use of such Services was authorised by you or not. Ozsell’s records are conclusive evidence of Services having been provided to you.
7.2 The Establishment Fee is payable prior to the Services being made available to you. The Establishment Fee is not payable in future subscription periods provided your subscription is continuously renewed from subscription period to subscription period. If you discontinue your subscription at any time, a further Establishment Fee will be payable if you choose to re-connect to any Services offered by Ozsell.
7.3 Charges (excluding any Establishment Fee) for Services will accrue as and from the first day the Services are made available to you and will be payable monthly in arrears.
7.4 All Charges specified in a Ozsell Customer Plan, or advised to you from time to time are inclusive of GST.
7.5 All Charges are to be paid by you within 7 days from the date of those Charges being invoiced to you.
7.6 Invoices are to be paid by cash, cheque, credit card or direct deposit (account details for which deposit will be provided on request).
7.7 If you provide Ozsell with your credit card details, including when completing the Ozsell Customer Plan, you are taken to have authorised Ozsell to automatically debit your credit card account for any Establishment Fee prior to the Services being made available to you, and for the amount of any invoice issued to you on the expiry of the period for payment of the invoice.
7.8 Rejected cheques or invalid credit card transactions will be automatically charged back to your account. A charge of $20.00 on account of any dishonoured cheque will be charged to your Ozsell account and payable by you.
7.9 Ozsell is entitled to suspend, without notice, any Services provided to you until all monies outstanding by you to it from time to time are paid in full and you are liable to Ozsell for any costs incurred by it (on an indemnity basis) in attempting recovery any monies owed by you to it.
7.10 Disputed Charges
7.10.1 If you dispute a Charge included in an invoice, you must notify Ozsell in writing of the dispute and provide reasons for disputing the Charge within 7 days of the date of the invoice. The entire balance of the disputed invoice must be paid by the due date regardless of the dispute.
7.10.2 If Ozsell is notified of a dispute in writing within 7 days it will use its reasonable endeavours to investigate the dispute. If Ozsell determines that a Charge was incorrectly levied it will refund any monies incorrectly invoiced and subsequently paid by you

8. VARIATION OF SERVICES, CHARGES, AGREEMENT AND/OR ACCEPTABLE USAGE POLICY
8.1 Ozsell may vary the Services and/or Charges set out in any Ozsell Customer Plan at any time by notice to you in writing (including by way of, but not limited to, transmission of a notification to your email account).
8.2 Ozsell may vary this Agreement and/or the Acceptable Usage Policy at any time by notice to you in writing (including by way of, but not limited to, transmission of a notification to your email account).
8.3 Any variations to the Services and/or Charges set out in any Ozsell Customer Plan, or to the Agreement and/or Acceptable Usage Policy will be of no effect until the expiry of your current subscription.
8.4 Any variations to the Services, Charges, the Agreement and/or the Acceptable Usage Policy will be notified to you at least 14 days prior to the expiry of your current subscription.
8.5 If you do not wish to renew your current subscription based on the Services, Charges, the Agreement and/or Acceptable Usage Policy as varied, you may freely elect not to renew your subscription by complying with the procedures required by clause 6.3 of this Agreement.
8.6 If you allow your subscription to be renewed, you will be deemed to have accepted the varied Services, Charges, the Agreement and/or Acceptable Usage Policy on and from the date on which your subscription is first renewed after having received notification of the variations in accordance with the provisions of this clause.
8.7 To ensure that you are aware of all variations made to the Services, Charges, the Agreement and/or the Acceptable Usage Policy, Ozsell encourages you to check your email account at least once every 7 days. If notification of any variation is transmitted to your email account, you will be deemed for the purposes of this Agreement to have been notified of the variations on the date the email was transmitted, even if you do not access or read the notification.

9. SUSPENSION AND TERMINATION
9.1 Ozsell has the right to terminate the provision of the Services to you immediately, and without notification, if:
9.1.1 You are, or Ozsell suspects that you are or intend to breach the terms of the Ozsell Customer Plan, this Agreement or the Acceptable Usage Policy;
9.1.2 A supplier to Ozsell of a service critical to Ozsell being able to continue the supply of the Services discontinues the provision of those to Ozsell for any reason.
9.1.3 Ozsell is no longer able to lawfully provide the Services to you;
9.1.4 You become externally administered and the appointment continues for a period of greater than 1 Business Day;
9.1.5 An event, the occurrence of which was outside the control of Ozsell renders the provision of the Services practically impossible, including but not limited to, fire, storm, flood, earthquake, accident, war, labour dispute or civil commotion;
9.2 Termination of the Agreement does not affect any accrued rights of the parties, and does not effect those provisions of the Agreement that are either expressly or by way of implication intended to operate after the termination of the Agreement, including but not limited to any provision of the Agreement concerning liability and indemnity.
9.3 If Services are terminated as a consequence of your acts or omissions, or those of any other person using your subscriber account, you will continue to be liable to pay the Charges for the Services up until the expiry of the subscription period in which the Services were terminated.

10. WARRANTIES
10.1 Any and all warranties that Ozsell is deemed to have made by operation of law are hereby excluded to the extent permitted at law.
10.2 Subject to the preceding sub-clause, Ozsell does not warrant to you , in any way, the fitness or suitability of the Services or otherwise for the purpose or purposes that you intend to use such Services. You verify that you have, independent of Ozsell, satisfied yourself as to the suitability or fitness of the Services for the purposes for which you intend to use the Services.
10.3 Ozsell does not warrant that it will supply the Services fault free or that the Services will not be interrupted from time to time, the Services being provided on an "as is, as available" basis.
10.4 Ozsell does not exercise any control over the content accessible through the use of the Services and makes no warranties, whether express or implied, in respect of any such content or accuracy of information and is not responsible for any damage that you may suffer as a consequence of the use of the Services (including loss of data, delays, non-deliveries, mis-deliveries or service interruptions whether or not caused by Ozsell's intentional or negligent actions or omissions) or as a consequence of relying or otherwise on any content accessed through the Services including any inaccurate, incomplete or out of date information.
10.5 You warrant that you are over 18 years of age or that you have obtained the consent of a parent, guardian or other responsible adult prior to using the Services.

11. LIABILITY
11.1 Subject to the provisions of any State, Territory or Commonwealth government legislation relating to liability that cannot be excluded by express agreement, including the Trade Practices Act 1974 and the Telecommunications Act 1997 (those provisions that can be excluded are hereby excluded), Ozsell excludes all liability, whether statutory or tortious (including but not limited to negligence and gross negligence), all conditions and warranties implied by custom or otherwise and any and all liability for economic loss, whether direct, consequential or indirect and any associated expenses or costs arising out of or relating to the supply, or failure to supply the Services.
11.2 To the extent that Ozsell is not excluded by the abovementioned sub-section, Ozsell's liability is diminished to the extent that your acts or omissions or those of any third parties contribute to or cause the loss or liability.

12. INDEMNITY
12.1 You agree to indemnify Ozsell, and any supplier of services to it (including Telenet Australia Pty Ltd and COMindico Australia Pty Ltd), against any and all liability whatsoever, including but not limited to any losses, expenses, damages and costs (on a full indemnity basis) to which it or its suppliers may be exposed as a consequence of your acts or omissions, or of any other third party who may access your subscriber account (whether authorised or not) which liability arises in connection with the use or provision of the Services, or as a consequence of any breach of this Agreement and/or the Acceptable Usage Policy.

13. ASSIGNMENT
13.1 You acknowledge that the Services provided to you are not transferable and that you are not permitted to assign or agree to assign any rights you may have arising under this Agreement to any other person or persons.
13.2 Ozsell may assign any of its rights or obligations under this Agreement (in whole or in part) to any person at any time without your consent.

14. GENERAL
14.1 You acknowledge that Ozsell is not the owner of IP Addresses or of any telephone, facsimile or other service numbers and that from time to time it may be necessary for the foregoing to be changed in accordance with any direction issued by the owners of that property or of a Regulator. You further acknowledge that Ozsell is not liable to you for any loss or damage that may be caused as a consequence of any such changes or alternation, including withdrawal, that may be necessary from time to time.
14.2 Ozsell may arrange for the performance of its obligations under this Agreement by any Related Body Corporate or any other third party.
14.3 The Agreement represents the entire agreement between the parties as to its subject matter and its terms supersede all prior representations and agreement in connection with that subject matter, and any terms of the Agreement may only be varied in the manner provided for in clause 8 of this Agreement.
14.4 Any waiver of a right must be in writing, and Ozsell's failure to, or delay in exercising a right, or to insist on the performance of an obligation under the Agreement or Acceptable Usage Policy is not to be construed as a waiver of any such right, and does not prevent it from exercising any such right or insisting on the performance of an obligation at a later date.
14.5 If part or all of any clause of the Agreement or Acceptable Usage Policy is illegal, invalid or unenforceable it will be read down to the extent necessary to ensure that it is valid. If this is not possible, it will be severed from the Agreement or Acceptable Usage Policy and the remaining clauses of the Agreement or Acceptable Usage Policy will continue to be of full force and effect, and the parties will use all reasonable endeavours to replace any severed part of the Agreement or Acceptable Usage Policy with an alternative clause that satisfies, as closely as possible, the purpose for which the severed part of the Agreement or Acceptable Usage Policy was originally included.
14.6 This Agreement is governed by the laws in force in Queensland from time to time and each party submits to the non-exclusive jurisdiction of the Courts in that State.

* N.B No money will be refunded upon closeure of any account....