1. About AUSNET
Thank you for becoming a registered subscriber to the AUSNET our internet service. Our terms and conditions for the provision of “AUSNET Services” are set out below. These terms and conditions should be read in conjunction with specific conditions for each “AUSNET” services connection plan as described on the AUSNET home page. Certain promotional AUSNET offers are subject to special terms and conditions, and these will be provided to you if you sign up for that promotion.

In these terms and conditions, “we”, “our” and “us” means AUSNET and “you” and “your” means the person contractually liable for the AUSNET Services.

2. We will provide
We will provide the “AUSNET” Services chosen by you on the following basis:   High Speed Internet Access -- High Speed access to the Internet through our network. If your use of the Internet exceeds the parameters of the subscriber plan you select you must pay us the applicable surcharges, these will be debited to your credit card on a daily basis.
Technical Support – Limited support will be available on 1300 792 5527 days a week. If a technician is unavailable at that time please leave a message and he will get back to you. Support is limited to service type calls and not general operating system problems. We recommend that you contact your local computer technician (probably at the local computer shop) for more assistance.   Customer Service – available as described in Clause 8 of this Agreement.  

3. Equipment Installation
We will arrange, at your request, the delivery and installation of the AUSNET Equipment purchased from us or our agent, to your location. You must at your own expense, obtain in advance and maintain all necessary consents and approvals for the installation of the AUSNET Equipment at your premises and pay for any alterations to your premises required for installation. The installer arranged by us or our agent will advise you what the best long-term position for quality of reception is for your location. Obstructions may not be confined to your own property. Should you choose to have the AUSNET Equipment positioned at a location other than the one recommended by us, you must pay any service-related charges for future adjustment. The installer arranged by either us or our agent will make all reasonable efforts to position or direct the AUSNET Equipment to mitigate any adverse localised electrical or radio interference caused by other parties. If we cannot at the time of installation offer a satisfactory service (in our sole judgment) because of such third party interference we will not proceed with the installation.   The installer arranged by either us or on of our agent may refuse to install the AUSNET Equipment if the location is considered dangerous or presents undue risk to the installer or may create damage to the substrate to which the Equipment is to be attached or used to gain access to the installation location. Variation in installation fees may arise in the event of additional time and materials required to complete an installation, or where we are unable to supply an installer in your area. You will be notified prior to installation of any extra charges. Other fees may be payable by you in respect of installation but you acknowledge that such fees are subject to a separate agreement between you and the installer and you will not make any claim against us or one of our related bodies corporate in relation to these additional fees. Care will be taken by our installers with respect to avoiding any property damage at installation. Neither we nor our contractors accept liability for any property damage where due care has been taken.  

4. Invoicing for AUSNET Services
In return for access to our AUSNET Services, you agree to pay us the relevant subscription and other charges described in Clause 5.We will invoice you on or before the fifth day of each month. Payment will automatically deducted from your credit card including extra usage charges. If your account is not paid in full by the due date your account will be charged a late payment fee of 15% of the unpaid portion of your account. You acknowledge and that this is a genuine pre-estimate of the damage we will suffer as a result of your late payment and is not a penalty. Interest charges at the rate of 2% above the prime lending rate of National Australia Bank per annum may also apply on the balance of overdue accounts from the due date for payment until payment in full. If all or part of your account is unpaid after the due date, your account may be closed and your details referred to our debt collection agency or credit reference agency without notice to you. We reserve the right to recover our legal and other costs resulting from collection of any amount owed by you. Charges will be calculated by reference to data recorded or logged by us or our suppliers and such records will be conclusive evidence of your usage of any selected AUSNET Services and charges payable by you.  

5. AUSNET Services Charges
Subscription Fees -- payable monthly in advance for the selected AUSNET services, whether the services are used by you or another person with or without your knowledge or consent. You will be responsible for payment of any taxes, levies or other government imposts that we are required to pay in connection with the supply of goods or services to you under this Agreement. This may include, but not necessarily be limited to goods and services tax (“GST”). Each party agrees to do all things that may be necessary to assist the other party to claim any credit, rebate etc in relation to any amount of GST paid or payable in respect of a supply under this Agreement. All prices quoted in this Agreement are inclusive of GST.  

6. Quality of AUSNET Service
We will make commercially reasonable efforts to make the AUSNET Services you have subscribed to available to you continuously and, if the services cease, to restore those services as soon as reasonably possible. Subject to clause 16 of this Agreement, the High Speed Internet service is available to you for a target of 24 hours a day (other than on a permanent connection basis) and, if the system malfunctions, we will endeavour to restore this service as soon as reasonably possible. If we are unable to provide or restore the service (even if the failure is our fault) we are not liable to you. From time to time conditions outside our control may cause loss of quality of reception. We do not accept any liability for this, as it is characteristic of the current technology. The reasons for these limits on our service levels are because we do not own or control all the facilities and communication lines necessary for access, and therefore cannot guarantee error free or uninterrupted service.  

7. Refund Policy for AUSNET Services
At our discretion, if we consider that you have received poor service from us we may provide a credit to you. If you subsequently close your account permanently that credit will not be refunded to you. If an account is closed any credit balance not eligible for refunding will not be carried over upon the reopening of an account with us.

8. Customer Service
If you experience technical difficulties with your AUSNET Service connection or Believe there is an error on your invoice or Have any other questions, comments, or complaints.  You may call 1300 792 552 and inform a Customer Service Representative of your difficulties. (Alternatively email help@ausnet.net.au). We will attempt to resolve any problems as soon as practicable.  

• (a) the extent permitted by the Privacy Act 1988 (Cth) as amended, to collect, retain and use personal information, including the information contained in
• (b) this Agreement or information obtained from a report about
• (c) your consumer or commercial creditworthiness or financial capacity or both from a credit reporting agency or information from another credit provider for the following purposes:
  (i) assessing your application for credit (whether it be for consumer credit or for commercial credit);
  (ii) administering and financing, whether directly or indirectly, your contracts with us and enforcing our rights under these documents;
• d) provide that information to:
  (i) our employees and agents and any other person in the ordinary course of business, for any of the above purposes;
  (ii) to other credit providers for their similar purposes as above;
  (iii) credit reporting agencies to obtain a credit report and allow the credit reporting agency to create or maintain a credit information file about you which file will contain limited information such as identity particulars e.g. name, address, date of birth, drivers licence number etc and limited credit information including the listing of loan repayments that are overdue by more than 60 days, and for which debt collection has started;
• e) send details of our other products and services to you from time to time. You acknowledge that for the purposes of this clause information collected, retained and used by us may also be collected, retained and used by any financier or discounter of contracts to which you are a party.
   

11. Other things that we can do  
We are entitled to at anytime without prior notice or any liability to you to: a) alter the packages of AUSNET Services offered by us, including but not limited to the terms and conditions of the subscriber plan you have selected in which case you may be required to select one of the new packages b) alter the mechanism by which our AUSNET Services are transmitted or broadcast or the format of the AUSNET source. c) restrict any service in any other circumstances if we think it is reasonable or necessary. We will try and contact you before doing this. Normal charges will apply during the restriction of service. d) terminate any of the AUSNET Services that you have subscribed for without notice or liability to you in the event of any failure by you to pay any moneys payable under the terms of this Agreement on the due date or in the event of any other breach of these terms and conditions by you, or you enter into any form of insolvency administration. e) refuse to give you a subscription to any service without giving a reason for such refusal. Termination by us will be without prejudice to our other rights and remedies arising under this Agreement or at law. f) Without in any way limiting the provisions of this clause 11, suspend or disconnect your use or access to all or part of the AUSNET service.

12. What happens on termination of the AUSNET Services
Upon termination or cancellation of this Agreement:

• (a) You must tender your termination request in writing or by email (use the termination button on this website.)
• (b) You must pay us the balance of any charges you owe us for the AUSNET Services;
• (c) You will not recieve a refund for the remainder of the current month.
• (d) This clause and clauses 11, 14 and 15 of this Agreement will not merge but will survive for our benefit.

13. Communications and notices  
We may change or remove any of these terms and conditions at any time. These changes may include alterations to our pricing structure, or changes to the scope and nature of services provided. We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) posting a message in a newsgroup or any other news group such as AUSNET. announce or on the world wide web on our home page or any other appropriate means including message of the day (MOTD). Once we have posted the email or other message you are deemed to have received it, and if you have not notified us that you wish to terminate your subscription within 30 days or if you continue to use the services afterward 30 days, you are deemed to have accepted the change.

14. Limits on our liability
By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We distribute our service on an "as is" basis without, to the extent permitted by law, warranties of any kind, either express or implied. In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. To the extent permitted by law, your exclusive remedy against us is to cancel your subscription. To the extent we do have some liability under this clause 14, if permitted by law, our total liability to you or any person claiming through you for any cost, loss, liability or damage arising out of the failure of the AUSNET Services due to our, or our agents, performance of, or failure to perform, our obligations under these terms and conditions and including as a result of our, or our agents, negligence, whether in contract, tort, statute or otherwise, is limited at our option to: a) in the case of goods, repairing or replacing the goods, or supplying equivalent goods, or paying the cost of doing any of these; or b) in the case of services, supplying the services again or paying the cost of doing so. In addition, to the extent permitted by law, the following people have no liability to you for our services: our employees, contractors and representatives; any other network operators who use our network and allow us to use their networks, and their employees, contractors and representatives, and any person who provides any service which is part of our services, and their employees, contractors and representatives.Where third party electrical or radio interference arises post installation, (for example from local cell phone towers or other wireless data or broadcast services) we do not accept liability for loss of reception but will use our best efforts to remedy the quality of reception if requested by you. Any costs for this remedial work will be to your account.

15. Intellectual Property Rights  
We or the relevant provider retain all intellectual property rights which exist in the AUSNET Services, software, documentation, menus, visual displays, layout designs and know-how in the products and services we provide to you.  

16. Force Majeure  
If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will not be liable to you and will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.  

17. Inconsistency  
To the extent that there is any inconsistency between these terms and conditions and the terms and the relevant AUSNET services subscriber plan, the terms of the AUSNET service subscriber plan will prevail.  

18. Definitions
“AUSNET Services” means the high speed internet services, technical platform support and customer service.