iRock ISP Solutions
Broadband and SDSL Terms and Conditions
1. A change of address requires the
additional setup charge of $82.50
2. No disconnection fee applies to iRock ISP Solutions DSL
services if disconnecting after the 7 month contract period. A disconnection
fee of $110.00 applies to iRock ISP Solutions DSL services if disconnecting
before the 7 month contract is up.
3. The Customer's equipment must conform to the minimum requirements for
the provisioning of IRock ISP Solutions DSL Services.
4. USB modems are not suitable to use on a low powered device such as a
notebook.
5. If the Customer fails to comply with any of the conditions set out in
this Agreement and/or with IRock ISP Solutions Standard Terms and Conditions
then IROCK ISP SOLUTIONS may terminate this Agreement immediately by giving
written notice. On termination, the Customer's right to use the DSL Service
ceases immediately and IROCK ISP SOLUTIONS will not be liable for any loss or
damage suffered by the Customer.
6. The Customer agrees and understands that in some cases it may not be
possible to provide the DSL Service and in such an event both parties will be
released from their obligations under this Agreement and IROCK ISP SOLUTIONS
will have no liability to the Customer. The Customer accepts that some services
offered by the Third Party Carrier's Network infrastructure are incompatible
with the DSL Service and may not be available to the Customer, after connection
to the DSL Network.
7. The Customer acknowledges that IROCK ISP SOLUTIONS cannot be held
responsible for any loss incurred by the Customer because of faults and/or
failures within the Third Party Carrier's Network infrastructure.
8. Customers use the DSL Service at the Customers own risk and IROCK ISP
SOLUTIONS takes no responsibility for any data downloaded and/or the content
stored on the Customer's computer. The Customer agrees not to make any claim
against IROCK ISP SOLUTIONS, its suppliers, employees, contractors or assignees
for any loss, damages or expenses relating to, or arising from, this Agreement
or the use of the DSL Service and IROCK ISP SOLUTIONS mail service.
9. IROCK ISP SOLUTIONS will endeavour to make the DSL Service available
to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that
IROCK ISP SOLUTIONS cannot guarantee uninterrupted service, the speed,
performance or quality of the DSL Service. The Customer further acknowledges
that the DSL Service is not fault free and there may be interruptions and/or
access problems from time to time as IROCK ISP SOLUTIONS depends on the
performance of Third Parties over which IROCK ISP SOLUTIONS has no control and
therefore can accept no liability for problems that may arise from the Service.
10. The Customer hereby indemnify's IROCK ISP SOLUTIONS against all
liability, costs, loss or damage, suffered or incurred by IROCK ISP SOLUTIONS,
its suppliers, employees, contractors and assignees arising from this Agreement
or the use of the DSL Service.
11. The Customer agrees not to assign, transfer, or re-sell any of the
services provisioned by IROCK ISP SOLUTIONS under this Agreement or any rights
given by the use of this service.
12. IROCK ISP SOLUTIONS reserves the right to terminate the service
immediately and recover all monies owing from the first date of connection,
including the cost of recovery, caused by, or resulting from, the above
activities (clause 10).
13. The Customer agrees that information concerning the Customer will be
held by IROCK ISP SOLUTIONS and may be used to enable both parties to perform
obligations defined in this Agreement and any other agreements between IROCK
ISP SOLUTIONS and the Customer.
14. This Agreement shall operate and be binding upon the parties from
the date of its execution.
15. The Customer agrees that IROCK ISP SOLUTIONS may increase its
charges by any new or increased Government taxes, charges, fees, duties or
other imposts.
16. The Customer agrees to pay charges for the DSL Service in accordance
with the IROCK ISP SOLUTIONS Internet Price List. The Customer understands that
these charges might be altered from time to time by IROCK ISP SOLUTIONS without
prior notice. However, IROCK ISP SOLUTIONS will not increase the access charge
payable by the Customer during the Initial Contract Period.
17. The Customer acknowledges that there may be a minor disruption to
the nominated standard telephone service during DSL installation.
18. Where the installation of Equipment involves a telephone line, the
Customer warrants that the Customer is the legal renter of the telephone line.
19. The Customer agrees to nominate an existing standard telephone
service for delivery, of the DSL Service and the Customer will continue to be
responsible for all costs of the nominated service to the Customer's existing
carrier or to the carrier of the Customer's choice.
20. The Customer must not create any conflict with the normal operation
of the DSL Service or any related facility of service.
21. The Customer is not to allow a third party to use the DSL Service
without direct supervision and/or written authorisation by IROCK ISP SOLUTIONS.
The Customer is responsible for all use of the DSL Service including use that
is not authorised by the Customer.
22. The Customer is responsible, for all usage charges in respect of the
use of the DSL Services whether or not such usage was authorised. It is the
Customer's responsibility to maintain the security of the means of access to
the DSL Services and to ensure unauthorised use does not occur.
23. IROCK ISP SOLUTIONS does not provide usage records for the Unlimited
Broadband packages.
24. IROCK ISP SOLUTIONS will commence the Initial Contract Period and
the billing cycle for data traffic, on activation of the DSL line.
25. The Customer agrees to pay all set-up, access and usage charges
(where applicable) and any other charges related to the Service chosen by the
Customer by cheque, credit card or direct debit, once the DSL line has been
confirmed as available.
26. All notices shall be in writing and shall be hand delivered, or sent
by post, or facsimile to the parties hereto at their respective addresses.
27. DSL changes, additions and/or cancellations incur additional
charges, as displayed on the IROCK ISP SOLUTIONS website www.irock.com.au and
the IROCK ISP SOLUTIONS Internet Price List.
28. You may terminate the Service by giving IROCK ISP SOLUTIONS 30 days
notice. You must pay for the Service up until the end of the notice period. If
you have agreed to take the Service for an Initial Contract Period and you seek
to terminate early (including because you move premises) a pro-rated
cancellation fee will apply. You
authorise IROCK ISP SOLUTIONS to debit these payments to your credit card on
receipt of a termination notice from you.
29. Migrating to another IROCK ISP SOLUTIONS access plan does not reduce
the Initial Contract Period or terminate the Agreement or result in a reduction
of the charges payable by the Customer to IROCK ISP SOLUTIONS. The Customer
will be charged additional set-up fees for any migration changes of $55. The
new package charges will apply from the date of the Migration to the end of the
Initial Contract Period.
30. The Customer agrees that if IROCK ISP SOLUTIONS is asked to
investigate a breakdown in the Service and upon investigation it is found that
the fault is not due to IROCK ISP SOLUTIONS equipment then the Customer agrees
to pay IROCK ISP SOLUTIONS its standard hourly rate for time and travel as
indicated in IRock ISP Solutions Standard Terms and Conditions.
31. IROCK ISP SOLUTIONS reserves the right to change these DSL Terms and
Conditions without notice to the customer.
32. IROCK ISP SOLUTIONS reserves the right to terminate the service
immediately and recover all monies owing, including the cost of recovery, when
payments are overdue.
33. IROCK ISP SOLUTIONS assumes no responsibility or liability arising
neither from the content nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained in any information. You are prohibited from posting or transmitting
any unlawful, threatening, libellous, offensive, obscene, scandalous,
inflammatory, pornographic, or other materials that could constitute or
encourage conduct that would be considered a criminal offence, give rise to
civil liability, or otherwise violate any law.
34. IROCK ISP SOLUTIONS has the right to recover revenue from the
Customer for any costs incurred for damages and/or repairs and/or maintenance
and/or loss of business caused by, or resulting from, any of the above
activities (clause 31 and 32).
35. IROCK ISP SOLUTIONS reserves the right to suspend or terminate, with
or without notice, any Customers' account, which in IRock ISP Solutions
opinion, directly or indirectly is involved in activities, which are
detrimental to IRock ISP Solutions Internet Service or jeopardise the use of
IRock ISP Solutions Service or its performance for other customers or how the
wider community will perceive IROCK ISP SOLUTIONS. This includes, but is not
limited to 'Spamming' e-mail or forwarding spammed e-mail to other Internet
user's e-mail addresses, customers listed or cause the listing of IROCK ISP
SOLUTIONS or its Customers on any Real-time Black List, e-mail bombing and the
use of bulk e-mail programs to unsolicited recipients, commercial advertising,
informational announcements, charity requests, petitions for signatures, chain
letters and political or religious messages, attempted unauthorised access to
other Internet servers and systems, misrepresentation and abusive or offensive
behaviour in newsgroups and other online facilities.
36. The Customer must not use the IROCK ISP SOLUTIONS Service in a way
or post to or transmit to or via the IROCK ISP SOLUTIONS Service any material
which interferes with other users or defames, harasses, threatens, menaces,
offends or restricts any person or which inhibits any other customer from using
or enjoying the IROCK ISP SOLUTIONS Service. The Customer must not use the
IROCK ISP SOLUTIONS Service to send unsolicited electronic mail messages to
anyone. The Customer must not attempt any of these acts or permit another
person to do any of these acts.
37. IROCK ISP SOLUTIONS reserves the right to suspend without notice any
Customers' account involved in offensive and/or illegal activities under State
and/or Federal laws. In such a case the relevant law enforcement agency(ies)
will be notified, and where possible offending material(s) passed on.
38. IROCK ISP SOLUTIONS is not liable for any indirect loss or damage,
loss of profits, loss of business or anticipated savings, loss, corruption or
destruction of data or for any other type of indirect or consequential loss or
damage whatsoever, as a result of using this Service.
39. IROCK ISP SOLUTIONS shall not be liable for the consequences of an
occurrence of any event beyond its reasonable control and such event shall not
amount to a breach of this Agreement.
40. These DSL Terms & Conditions are subject to change without
notice.
41. The Customer agrees to be bound by IRock ISP Solutions Standard
Terms and Conditions and IRock ISP Solutions Filtering Terms and Conditions as
displayed at the IROCK ISP SOLUTIONS Internet web site www.irock.com.au. The
Customer understands that IRock ISP Solutions Standard, Filtering and DSL Terms
and Conditions can be amended from time to time and the Customer should visit
the IROCK ISP SOLUTIONS Internet web site regularly to be aware of any changes.
42. IROCK ISP SOLUTIONS makes no warranties or representations as to the
accuracy of Information in or linked to the IROCK ISP SOLUTIONS web site and
assumes no liability or responsibility for any errors or omissions in content.
43. This Agreement overrides and cancels any previous agreements,
whether verbal or otherwise, arrangements or commitments between the Customer
and IROCK ISP SOLUTIONS relating to DSL Internet Connection Services.
44. IROCK ISP SOLUTIONS will not be liable for any loss of function or
data or performance due to virus scanning, undesirable material filtration,
junk mail filtering and/or email storage. IROCK ISP SOLUTIONS endeavour's to
provide a high quality of these services.
45. IROCK ISP SOLUTIONS will not be liable for any change to the
filtration mechanisms at any time, with or without notice.
46. The Customer acknowledges and agrees that IROCK ISP SOLUTIONS cannot
isolate every virus or denial of service attack present on the Network and
releases IROCK ISP SOLUTIONS from any liability or damage suffered by the
Customer as a result of this.
47. The Customer agrees that the IROCK ISP SOLUTIONS DSL Connection can
only be used at one physical site and/or with one Network system operating at
this site. IROCK ISP SOLUTIONS does not offer the right to use the connection
for multiple sites.
48. IROCK ISP SOLUTIONS reserves the right to add or delete any web
sites to our filter list without any prior notice to the customer.
49. Onsite setup only applies to the Rockhampton Region.
50.In an event where an account is not paid within the trading terms provided the following shall apply:
1. In the event where a Customer fails to pay the whole amount within the seven (7) days of being requested to do so by the Supplier then the Supplier shall be at liberty to debit credit cards or bank accounts if held on record from previous payments or instruct a collection agency and/or solicitors to recovery the monies outstanding and the Customer shall be liable for any costs, charges, commissions and expenses reasonably and properly payable by the supplier to such Collection Agency and /or solicitors relating to the recovery of such sum
51. Resellers or anyone on-selling the products or services of IROCK ISP SOLUTIONS must ensure that all terms and conditions are disclosed to the customer. The reseller is responsible for ensuring there is a contract signed by the customer. The reseller must supply IROCK ISP SOLUTIONS with any signed contracts when requested by IROCK ISP SOLUTIONS.