CBIT Internet User Agreement
Broadband Internet - Terms and Conditions
These terms and conditions apply to the use of Broadband Internet services ("Services") provided by CBIT Internet ABN 16 107 115 846.
1. About this Agreement
Please read this Agreement carefully.
Use of Services provided by CBIT Internet (in this agreement, "our", "us", "we") is subject to the terms and conditions contained in this Agreement, as well as any additional terms and conditions contained in individual service agreements made by the parties. The terms and conditions set out in individual service agreements override this Agreement to the extent of any inconsistency.
By commencing use of Services provided by CBIT Internet, The customer accept all terms and conditions contained in this Agreement.
2. Definitions
In this Agreement:
"Agreement" means this agreement for the provision of Services by CBIT Internet to The customer;
“Application Form” means the form used to apply for Services; this includes any electronic forms completed over the Internet.
"Billing period" means, initially, a one-month period commencing at the Date of Commencement, and subsequently, each one-month period thereafter.
"Charges" means the charges payable by The customer to us pursuant to this Agreement including, but not necessarily limited to, access, usage, consulting and technical support fees;
“Customer” means the person named as the Contact on the Application Form for Services by CBIT Internet.
"Date of Commencement" means the date on which Services are installed, commence operation and are billed from;
"GST" has the same meaning as it does in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Internet Access” means the retrieval of online information and electronic data by the Customer.
“Commissioning Period” means no more than two weeks immediately following the Date of Commencement.
"Services" means the Broadband Internet Access and corollary services, such as online account management, personal email addresses and the provision of web space.
"Third Party Supplier" means any legal person who provides us with goods or services related to the provision of Broadband Services.
"Usage" means the measurement of time or data generated by The customer’s Internet Access
3. Applicable Law
This Agreement is governed by the law in force in the Australian Capital Territory at the time that Services commence. The parties agree submit to the jurisdiction of the Courts and tribunals of the Australian Capital Territory for determining any dispute concerning this Agreement.
4. Term of Agreement
4.1 This Agreement applies to the provision of Services from the date that Services are connected and continues until either the contract expires or we terminate the Agreement in accordance with Clause 10.
4.2 Unless otherwise specified in a customised service agreement, the customer undertakes to pay for the agreed Services for a minimum period of six months (six billing periods) from the date of commencement. This period is referred to as the "initial contract period".
5. Our Obligations
5.1 In accordance with the terms and conditions of this Agreement, we will take all reasonable steps to provide the customer with the agreed Services on a continuous and uninterrupted basis. However, there is no guarantee that the Services will be either uninterrupted or error-free. The Customer acknowledges that access to Services may be limited or not possible due to system failure beyond the control of CBIT Internet, or due to System maintenance. CBIT Internet does not take any responsibility nor guarantees the quality or any Internet connection; this includes line speed and dropouts. CBIT Internet does not provide any technical support for issues relating to the Internet link (included line tests and equipment tests of modems, routers etc) as these services are provided by third parties.
5.2 We undertake to provide a reasonable level of technical support in instances where Services are interrupted or delayed (See Clause 8). However, we do not undertake to provide training in the use of the Services.
5.3 While we take great care with information that the customer deposit with us, we do not guarantee that all such information will reach its intended destination (including electronic mail) inside or outside our network.
5.4 CBIT Internet does not warrant the continuous and uninterrupted supply of Services and is not liable for any loss or damage suffered by the Customer due to the unavailability of Services.
6. The customer’s Obligations
6.1 The customer is responsible for all carrier charges (e.g. Telephone) associated with connecting to our Services.
6.2 The customer is responsible for providing and maintaining its own facilities and equipment such as telephone access lines, telephone, computer equipment and other access device(s) necessary to access the Services.
6.3 The customer is responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies owed by the customer to us under this Agreement.
6.4 The customer is liable for all fees resulting from use of Services through the Customer’s Identification or log-in information, whether authorised by the Customer or not.
6.5 The customer agrees not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to Services or CBIT Internet.
6.5 The customer agrees that the customer will:
6.5.1 Not interfere with the normal operation of the Services or any equipment used in the provision of the Services, or make either unsafe;
6.5.2 Allow us or any third party supplier safe, sufficient and timely access to any premises as required in connection with the provision, maintenance, repair, de-commissioning and removal of the Services or any equipment used in the provision of the Services; and
6.5.3 Permit us or any third party supplier to modify any equipment used in the provision of the Services where we consider such modifications to be necessary.
6.5.4 Not access Services for any purpose or activity of an illegal or fraudulent nature, and will refrain from disruptive activities which may include, but not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms or viruses.
6.5.5 Not access Services to gain unauthorized access to any other computer system, the sending of harassing, obscene, offensive or threatening electronic mail, forgery of electronic mail and the placement or transmission or storage of any illegal or defamatory material on the Internet.
7. Goods & Services Provided By Third Party Suppliers
The following provisions apply where the Services include the provision of goods or services acquired from a third party supplier:
7.1 Any transmission (or connection) speeds quoted by us refer to the maximum theoretical speed achievable with the Services under ideal conditions. The customer acknowledges that the actual achieved speeds may be less than the maximum theoretical speeds.
7.2 Any general statements, maps or other indicators of Service availability are only a guide and the customer must not rely upon such statements, maps or other indicators as a commitment to provide the Services to a particular physical location.
7.3 Services are provided on an 'as-is' basis and we cannot guarantee the provision of the Services to The customer to the extent that the Services are reliant upon the provision of goods or services by a third party supplier.
7.4 The customer agree that we may terminate (or suspend in accordance with Clause 9.3) the provision of Services to The customer if a third party supplier ceases to provide the relevant goods or services to us for any reason. Alternatively, we may in our discretion elect to obtain the relevant goods or services from another third party supplier and continue to provide the Services to The customer. We may also increase the Charges to include any additional amounts that we are required to pay to the new third party supplier. We will notify the customer of additional charges in advance, and in writing.
8. Technical Support
8.1 We undertake to provide free technical support via telephone or electronic mail - during the period where the customer’s Services are initially connected (the "Commissioning Period") or when additional Services are purchased from us. The maximum Commissioning Period will be no longer than two weeks.
8.2 Technical support is available outside the Commissioning Period. We will only provide free technical support for faults originating within our system. Technical supports faults outside our system, specifically faults relating to the customer’s software or hardware, will be charged at rates published on our website.
9. Suspension of Services
9.1 We reserve the right to immediately and without notice and without prejudice to our rights of termination under Clause 11, suspend the customer’s access to Services if we:
9.1.1 Reasonably consider that the customer have failed to comply with any provision of this Agreement; or
9.1.2 Suspect that the customer has breached our our acceptable use policy.
9.2 If we suspend the customer’s access to Services under Clause 10.1, we may reactivate the customer’s access to Services if we are subsequently satisfied that The customer are not in breach of any provision of this Agreement.
9.3 We may from time to time and without notice, suspend The customer’s access to Services due to a technical failure (including any failure caused by a third party supplier ceasing to provide us with goods or services), or where modification or maintenance is being carried out in relation to the Services. We will use all reasonable endeavours to end any such suspension of Services as soon as practicable.
9.4 Notwithstanding any suspension of the customer’s access to Services under Clause 9, the customer will remain liable for any costs incurred by us or a third party during the period of suspension.
9.5 We do not accept any liability for expenses or damages incurred during the period where Services are suspended under Clause 9.1 or Clause 9.3.
10. Termination
10.1 We may terminate this Agreement immediately without notice in the event that the Customer breaches this agreement and where:
10.1.1 We have suspended the customer’s access to Services under Clause 9.1 and we have not reactivated the customer’s access to Services under Clause 9.2 within seven (7) days of suspension;
10.1.2 A third party supplier ceases to provide goods or services to us that are necessary for the continued provision of the Services;
10.1.3 The customer is in breach of any term of this Agreement and this breach is not remedied within seven (7) days of us notifying the customer;
10.1.4 We believe the customer is about to or may become or are in jeopardy of becoming subject to any form of insolvency administration;
10.1.5 If the customer, being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving;
10.1.6 If the customer, being a natural person, die; or
10.1.7 The customer ceases or threatens to cease conducting business in the normal manner.
10.2 In the event that this Agreement is terminated, we claim the right to:
10.2.1 Retain all monies paid for Services;
10.2.2 Charge a reasonable sum for work performed in respect of which no sum has been charged or monies paid;
10.2.3 Be discharged from any further obligations under this Agreement; and
10.2.4 Pursue any additional or alternative remedies provided by law.
10.3 Upon the expiration or termination of this Agreement for any reason, the provisions of Clauses 11, 13, 14 and 16 shall remain in force in accordance with their respective terms.
11. Quotations
11.1 All quotations issued by us in respect of the Services, unless otherwise stated, are valid for seven (7) days from date of issue and are subject to these terms and conditions. All quotations include any GST payable in connection with the provision of the Services.
12. Charges
12.1 All Charges, including set-up and access fees, are payable in advance and must be paid on or before the first day of each billing period.
12.2 Unless otherwise specified by the parties in the individual services agreement, the billing period will be monthly.
12.3 Invoices of Charges for each forthcoming billing period will be delivered via electronic mail, postal mail or facsimile on the commencement date of the billing period.
12.4 An invoice presented by us shall be deemed to be a correct statement of all Charges, unless disputed by the customer, in writing, prior to the commencement of the forthcoming billing period.
12.5 Where Charges are not paid on or before the first day of a billing period, an overdue notice will be issued. If payments are not received by the date specified on the overdue notice, we may:
12.5.1 Suspend the customer’s access to the Services without notice until all outstanding monies are paid in full;
12.5.2 Charge the customer an additional fee for any subsequent re-connection to the Services;
12.5.3 Require the customer to pay us interest on any monies owing to us at a rate equivalent to the prime rate charged for bank overdrafts by our current bankers at that time. Interest will be calculated from the original due date until all outstanding monies have been paid in full; and/or
12.5.4 Terminate this Agreement (as set out in Clause 10.1.3);
12.6 If we terminate this Agreement under Clause 12.5.4:
12.6.1 We will be entitled to remove any of our equipment used by the customer in connection with the Services, and the customer must allow us to enter any premises in which our equipment is stored in order to facilitate this removal;
12.6.2 Where the customer operates a business in which the Services we sell to The customer are sold on to third parties, The customer automatically hereby assign or transfer to us The customer’s title to any business information or data owned and used by The customer in connection with the Services (including without limitation The customer’s customer lists and customer database), effective as of the date of termination of this Agreement; and
12.6.3 The customer consents to us entering the premises on which the items referred to in Clause 12.6.2 are stored or may be accessed or located, in order to enforce our rights to possess, use and sell those items;
12.6.4 We will re-assign or re-transfer to the customer any items that remain after all amounts owed to us by the customer under this Agreement have been paid by the customer or satisfied by the sale or use of the items referred to in Clauses 12.6.2-12.6.3.
12.7 Service suspensions will be promptly removed on receipt of full payment of all outstanding Charges owed to us under this Agreement.
12.8 Where the customer request us to invoice amounts owing under this Agreement to a nominated credit card or bank account:
12.8.1 The customer will give us the authority to complete and sign on behalf of the customer, all necessary forms and documents to facilitate payments from the relevant bank or other financial institution; and
12.8.2 The customer will operate the credit card or bank account within the set terms and credit limits in order to pay the customer’s account in full prior to the commencement of the forthcoming billing period.
12.9 The amounts payable by the customer to us for, or in connection with, the Services under this Agreement will include any GST payable in connection with the provision of the Services. We will provide the customer with invoices in the form of tax invoices.
12.10 If the rate of GST increases, the amounts payable by the customer to us for, or in connection with, the Services under this Agreement shall be increased by an amount to reflect the increased GST amount.
13. Indemnity
13.1 The customer release and indemnify us, our agents and third party suppliers from all liability arising from the provision or cancellation of the Services or any goods or services provided by our third party suppliers. This indemnity includes but is not limited to an indemnity against all actions, claims and demands including the cost of defending in or settling any action, claim or demand, which may be instituted against us, as well as all expenses, losses, damages and costs that we may sustain or incur as a result, whether directly or indirectly of:
13.2 Any breach of this Agreement by the customer, including but not limited to a breach in respect of which we elect to terminate this Agreement;
13.3 The negligence of the customer, the customer’s agent, The customer’s employee or sub-contractor or of any other person for whose acts or omissions The customer are liable; and
13.4 Any loss of or damage to any property, or injury to or death of any person, caused by any negligent act or omission or willful misconduct of the customer, The customer’s agent, The customer’s employee or sub-contractor.
14. Our Liability
14.1 We make no express warranties to the customer except those expressly set out in this Agreement.
14.2 We do not exclude or limit the application of any provision of any statute, including the Trade Practices Act 1974(Cth) and Fair Trading Act 1992 (ACT), where to do so would contravene that statute or cause any part of Clause 14 to be void.
14.3 We exclude:
14.3.1 From this Agreement all conditions, warranties and terms implied by statute or general law except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
14.3.2 All liability to The customer in negligence for acts or omissions of us or our employees, agents or sub-contractors arising out of and in connection with this Agreement.
14.4 Our liability to The customer for breach of any express provision of this Agreement is limited to supplying, replacing or repairing the goods or re-supplying the Services in respect of which the breach occurred. Alternatively, we will refund any money paid by The customer for the goods or services in respect of which the breach occurred.
15. Changes to the Services, including Cancellation
15.1 All requests to change the customer’s Services, including upgrading, downgrading, temporary suspension or cancellation, must be in writing. Such requests will take effect on the first day of the next billing period and will be reflected in the Invoice sent to the customer fourteen (14) days in advance of that period. In the case of temporary suspension of Services, it is the customer’s responsibility to contact us to request the reactivation of the Services.
15.2 Unless otherwise specified in accordance with Clause 4.2, the customer undertake to pay for the agreed Services for a minimum period of six months (six billing periods) from the date of commencement. If The customer cancel access to Services before the conclusion of this initial contract period, The customer are still liable to pay the full cost of the agreed Services until the initial contract period concludes.
16. Our Refund Policy
16.1 Where the customer voluntarily cancel one or more Services, the customer is not entitled to any refund, even where the customer have paid for Services for a period beyond the current billing period.
16.2 If we terminate a Service under Clause 10, the provision of the Service to The customer will cease in accordance with the provisions of that Clause. The customer will not be entitled to any refund.
16.3 If the customer validly terminate this Agreement as a result of our breach, The customer are entitled to a refund of the unused portion of The customer’s account. We reserve the right to deduct an administration fee equivalent to one month’s Services charges from this amount.
17. Assignment
17.1 The customer’s rights and obligations under this Agreement shall not be assigned, sold, delegated, alienated, transferred or otherwise disposed of without our consent.
17.2 CBIT Internet will inform the customer, in writing, of its intention to assign its rights and obligations under this Agreement at least twenty-eight days prior to such an assignment occurring.
18. Force Majeure
18.1 No party is liable for any failure to perform or delay in performing its obligations under this Agreement if failure or delay is due to anything beyond that party’s reasonable control. Where the failure or delay exceeds sixty (60) consecutive days, the other party may terminate this Agreement with immediate effect by notifying the other party in writing. This clause does not apply to any obligation to pay money.
19. Severability
20.1 The parties to this Agreement agree that if any provisions of this Agreement shall be determined to be void by any Court of competent jurisdiction such determination shall not affect any other provision of this Agreement and all other provisions shall remain in full force and effect.
20. Waivers
20.1 A waiver of a provision of this Agreement or a right or remedy arising under this Agreement, including this clause, must be in writing and signed by the party granting the waiver. Unless otherwise specified a waiver is valid for 7 business days.
20.2 A waiver is only effective in the specific instance and for the specific purpose for which it is given.
20.3 A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right.
21. Amendments to these Terms and Conditions
21.1 We reserve the right to amend these terms and conditions from time to time. Such amendments will be posted on our website and take effect 28 days after the day the amendments are posted. Customers are permitted to cease using our services within this 28-day notice period without penalty. The customer’s continued use of services following such notification will be taken as an agreement to be bound by the terms and conditions as amended.
22. Entire Agreement:
22.1 This Agreement contains the whole understanding between CBIT Internet and The customer to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
22.2 Clause 22.1 does not apply to an individual service agreement made by the parties.
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