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EtherTech Terms and Conditions

1. PREAMBLE

a) The Company is an Internet Service Provider with full IP connectivity and interconnects with various other Internet Service Providers and Internet networks, both in Australia and elsewhere. b) The Customer wishes to be connected to the global Internet. c) The Company is prepared to offer the Customer the Service. d) The Company and the Customer wish to enter into a services arrangement upon the terms and conditions contained herein.

2.DEFINITIONS

“Address” means a registered Domain Name. “IP Address” means an officially allocated numerical Internet address. ”Company Network” means the connections between the Company, its offices and its customers (including the Customer). “Connection” means a data communication link between the Company and the Customer whereby the Company provides the Customer with the Service. “Connection date” means the date of the connection of the Customer to the Service. “Rules” means the rules and regulations pertaining to the Customers’ use of the Service displayed by the Company on its World-wide Web home page, as amended from time to time. “the Service” means those products and services to be provided pursuant to this agreement by the Company to the Customer more particularly described in the Business Internet Application form. “Service Fee” means the fee or fees specified in the Business Internet Application form, as modified from time to, time in accordance with Clause 7.

3.TERM OF AGREEMENT

a) This Agreement shall be for an initial term as specified in the Contract term/length section of this document, from the Connection date (“the Initial Term”).

b) After the expiration of the Initial Term the Agreement may (by agreement between the Company and the Customer) be renewed on the anniversary of the date of this Agreement.

c) After the expiration of the Initial Term this Agreement may be terminated by either the Company or the Customer giving to the other party one month’s written notice thereof.

4.LICENCE

a) The Company hereby grants the Customer license to use the Service for the term of the Agreement (“the License”).

b) Subject to clause 4(c), the License shall be personal to the Customer and non-transferable.

c) Upon prior written notification to the Company, the Customer shall be entitled to sub-license the Service to third parties, on substantially the same terms and conditions as herein provided.

5.CUSTOMER SUPPLIED ITEMS a)Prior to connection to the Service, the Customer must/has provide/d the items specified in the Required components section of this document.

6.CONNECTION AND PROVISION OF THE SERVICE

a) The Company shall Order the Connection and supply the Service to the Customer.

b) The Company shall use all reasonable endeavors to ensure that the Connection is promptly made available to the Customer.

c) Except where specified otherwise by this agreement, the Customer shall be entitled to permanent (24 hours per day) connection to the Service.

d) The Customer may request the Company in writing from time to time to provide additional services (“Additional Services”).

7.SERVICE FEE

a) The Service Fee is payable for one Connection and provision of the Service only.

b) The Service Fee shall not include amounts payable for Additional Services.

c) At any time during the term of this agreement the Company may review and modify the Service Fee and advise the Customer by written notice (“the Revised Fee”). The fee so advised will become the Service Fee effective from 30 (thirty) days following the date of the notice.

8.PAYMENT

a) The Customer shall pay the Company the price of the Service by way of cash or cheque or such other method of payment as shall be agreed by the Company and the Customer

b) The Customer shall pay the Company the Service Fee within 7 days ( or by pre-arranged terms ) of the date of the invoice.

c) If any payment owing to the Company is not made within 30 days of the due date, the Company may, without further notice to the Customer, suspend further services or its remaining obligations to the Customer under this agreement.

9.CONDITIONS OF CONNECTION

a) The Customer shall have an Address that is available to the Company. If the Address is to be provided by the Company, the relevant fee is included in the Service Fee.

b) The Customer is responsible for payment of any and all costs associated with the data communications line (telephone line or similar link) used to connect to the Service.

c) The Customer shall adhere to any and all Rules advised to it from time to time by the Company in respect to communications traffic carried by the Company’s Network.

d) The Customer shall adhere to any and all rules and regulations from time to time of any interconnected network in respect to communication traffic transmitted through that network.

e) The Customer shall not use the Company’s Network for anything that is illegal and /or fraudulent including activities prohibited under Australian Telecommunications Act 1989 or under other applicable Australia State and Commonwealth laws.

f) The Customer shall not use the Service in such a manner that could reasonably be expected to substantially impair the use of the Service by other customers of the Company.

g) The Customer acknowledges that the transmission of the data on the Company’s Network is not necessarily a secure and confidential method of communications and shall transmit data on the Company’s Network at its own sole risk.

h) The Customer acknowledges that and electronic material accessed through the Customers use of the Service is varied, and that the Company’s not in any way responsible to the Customer or any third party for the nature and content of that material, the Customer’s access to the material of the Customer’s use of that material.

i) The Customer shall be responsible for the implementing and maintaining network security at the Customer ‘s site. Where the Customer elects to implement an IP the Company will (upon the Customer request) use its best endeavors to implement access restrictions to the Customer’s network via the connection in accordance with the Customer’s specifications. The Customer acknowledges that the Company makes no representations nor warranties as to the effectiveness of the access restrictions nor the Customer’s network security. The Customer shall make no claim(s) against the Company concerning its network security.

j) The Company shall use its best endeavors to en sure that all data transmitted on its Company’s Network is transmitted to the person to whom it is addressed

10.INDEMNITY

The Customer hereby indemnifies and shall indemnify the Company in respect to any loss or damage action claim suit or proceedings against the Company by any person in respect to the transmission of any illegal, fraudulent or offensive material which the Customer transmits or causes to be transmitted using the Company’s Network.

11.EVENTS OF DEFAULT

Notwithstanding anything herein before contained this Agreement shall be terminated at the option of either party if-

a) The Company ceases to maintain a commercial arrangement with their service provider.

b) A Receiver, Manager, Official Manager, Provisional Liquidator or Trustee is appointed to all or any part of the assets and undertakings of the Customer.

c) Either party commits a material breach of its obligations made under this Agreement and fails or is unable to remedy that breach within 14 days after receiving notice from the other party requiring remedy of that breach.

12.TERMINATON

Upon the termination of this Agreement by either party the Company will terminate the Connection and cease to provide the Service to the Customer. This Agreement shall therefore be in an end but without prejudice to any secured rights of either the Customer and the Company pursuant to this Agreement.

13.NOTICES

All notices and other communication provided for or permitted hereunder shall be in writing and shall be sent by hand delivery post electronic mail (if the Service include an electronic mail service) or facsimile to the parties hereto at their respective addresses as herein specified or to such other addresses as any party may specify by notice in writing to the other party. All such notices and communications shall be deemed to have been duly given or made

(i) when delivered if sent by hand or

(ii) the business day three days following posting if sent by post or

(iii) the business day following the date of transmission if sent by electronic mail or facsimile.

14.INTERPRETATIONS

a) In this Agreement unless the contrary intention appears-

b) a reference to this Agreement or another Instrument includes any variations or replacement of them

(i) a reference to a stature, ordnance, code or other law includes regulations and other instruments under it and consolidations, amendment, reinactments or replacements of any of them;

(ii) the singular includes the plural and vice versa;

(iii) reference to one gender in includes each other gender;

(iv) the word “person” includes a firm, body cooperate, an unincorporated association or an authority;

(v) a reference to a person includes a reference to the person’s executor, administration, successors, substitutes (including, without limitation, persons taking by novation) and assigns;

(vi) a reference to any thing (including, without limitation, any amount) is a reference to the whole or part of it and a reference to a group of persons is a reference to any one or more of them;

(vii) the titles of the paragraphs of this Agreement are for convenience of reference only, reference to the paragraph and Schedules are references to paragraphs of Schedules to this Agreement, a reference to this Agreement includes all Schedules hereto.

(viii) Where the Customer comprises more than one person then those persons shall be bound by all terms of this Agreement both jointly and severally.

15.MISCELLANEOUS

a) This Agreement shall be governed by the laws in force in the State of Victoria and each party hereto submits to the exclusive jurisdiction of the Courts of that State.

b) Except as otherwise expressly provided in this Agreement the provisions hereof shall ensure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto.

c) This Agreement, the Rules and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parities with regard to the subject matter of same. Neither this Arrangement nor ant term in it may be amended, waived, discharged or terminated expect by written instruction signed by all the parties hereto and/or as specific herein.

d) Each party hereto shall bear its own costs of and incidental to the preparation, execution and exchange of this Agreement and any documentation associated herewith.

e) The Company will undertake to maintain all of their internet based equipment to the highest standards, and will maintain and inform the customer of any outages or problems that may occur.