iRock ISP
Solutions
Definitions
In this document, certain words and
phrases are defined for accuracy and certainty. Singular definitions include
the plural and vice versa, where the meaning requires it.
Account means the Internet service chosen
with iRock ISP Solution and defines the following:
(i) Connection speed;
(ii) Pricing details (of the Setup Fee, Regular Payment, Excess Usage and
Special Conditions);
(iii) Contract Period;
(iv) Account Specification; and
(v) Terms and Conditions.
Account Specification means any predefined limits on
Internet Access as outlined in Your Application Form.
Application or Application Form refers to the form containing:
(i) The Account holder details;
(ii) Payment details; and
(iii) The specific details of the Account.
bit means the smallest unit of
information having just two possible values, as either of the binary digits 0
or 1.
byte means a sequence of 8 bits.
Break Fee means the Fee levied when an Account
Contract period is broken and is equal to the minimum monthly Fee for the
balance of the remaining Contract period.
Broadband means a high-capacity communications
pipeline capable of delivering simultaneously a range of voice, video and data
services to the home.
Contract means the contract between iRock ISP
Solution and You that comes into effect on acceptance by iRock ISP Solution of
your Application.
Defined Abuse means misuse of the Internet Access
as follows:
(i) Giving an unauthorised person Your Account and password details;
(ii) Deliberately or unintentionally disrupting iRock ISP Solution's service,
or engaging in any activity likely to disrupt iRock ISP Solution's service;
(iii) Engaging in Spamming;
(iv) Misusing Internet Access in a manner identified by a competent law
enforcement official as unlawful such as copyright violations, defamation or
fraud;
(v) Using Your Internet Access to menace or harass others;
(vi) Denial-of-service Attacks on other users or networks;
(vii) Using Your Internet Access to unlawfully obtain access to other networks;
(viii)Using Your Internet Access to make offensive, inappropriate or off-topic
posts to Usenet News; or
(ix) Breaching any additional forms of abuse defined in the Special Conditions.
Denial-of-service Attacks means behaviour that results in
disruption of iRock ISP Solution's service, disruption of other people's
Internet Access, which includes but is not limited to computer viruses, email
bombardment and damage to Internet-connected resources.
Domain Name means the registered name for a web
address. A domain name needs to be registered, delegated and hosted for it to
be accessible via the Internet.
Downtime means periods of unavailability or
limited availability of Internet Access.
Excess Usage Charges means the Fees for the Usage over and
above the allocated Monthly Usage.
Fee means a sum charged by iRock ISP
Solution to You.
Gigabyte (GB) means one billion bytes.
iRock means iRock ISP Solution
Internet Access means connection to the global
network of networks known as "The Internet" using software protocols
supported by the Internet Service Provider (ISP) to connect Your computer
equipment to the ISPs network. This includes access to email and the World Wide
Web.
Local Time means the time as defined by the
location of the Service Aggregation Point (SAP) of Your state. This is
typically Your residential state capital.
Megabyte (MB) means one million bytes.
Minimum Connection Time means the minimum amount of time
before iRock ISP Solution may initiate a disconnection from your Internet
Access. Disconnections outside of iRock ISP Solution's initiation are beyond
iRock ISP Solution's control and responsibility.
Open Third-Party Mail Relay means the use of a mail server to
process a mail message by an unauthorised person.
Payments Due means any invoiced amount issued to
You by iRock ISP Solution arising under the Account or the Contract.
POP email box refers to a username and password
protected space where email for a specific email address is deposited. This
mailbox and its contents are stored on iRock ISP Solution's mail server and are
accessed using the POP3 protocol.
Provisioning means the time necessary to complete
any work that is required for You to be able to access or terminate the
connection speed of Your nominated Account.
Regular Payment is the periodic Fee due to iRock ISP
Solution from You for Your Internet Access, excluding Setup Fee, Excess Usage
and Special Conditions.
Setup Fee refers to a once off Fee stated on
the Application Form for Account setup.
Special Conditions means the terms and conditions
endorsed on the Application Form which impose fees, conditions and limitations
on the provision of Internet Access and include the Account Specifications and
any Special Term.
Spamming means unsolicited bulk electronic
messages sent by You which in the reasonable opinion of iRock ISP Solution
constitutes a breach of acceptable use of the Internet Access.
Special Term means an additional service provided
by iRock ISP Solution at the standard rate endorsed on the Special Conditions
on the Application Form.
Static IP means the 32-bit number that is
assigned to a computer by iRock ISP Solution to be its permanent address on the
Internet while you remain a Customer of iRock ISP Solution. Where a block of
Static IP's are allocated, the first and last IP's are not useable.
Sub-domain refers to a web address based on the
irock.com.au domain.
Suspension means the act of temporarily
withdrawing Your Internet Access.
Terminate means the process of iRock ISP Solution ceasing to provide Internet
Access.
Traffic is all data that is inbound (IE.
incoming to your Internet connection), or outbound (ie. outgoing from your
Internet connection) at all times. Traffic may take the form of emails, web
requests and web data, File Transfer Protocol (FTP) uploads or downloads and
other services. If you are connected to the Internet, then you are using
Traffic. The Account you have will determine how your Traffic with iRock ISP
Solution is counted and/or billed.
Usage means the measurement of time or data
generated by Your Internet Access.
Usage Charged means any Account that is billed for
Excess Usage, as described in the Account Specification section.
Universal Resource Locator or URL means a web page address.
Web Hit means a request for any file from the
World Wide Web, including but not limited to any text, graphics, sound,
animation or video file on any individual web page.
Web Space refers to the space allocated by
iRock ISP Solution as a facility to store WebPages if supplied on your plan.
You and Your refer to the customer of iRock ISP
Solution named in the Application Form, and includes any person using the
Account with or without iRock ISP Solution's permission.
1.0 Service Agreements
1.1 Section 1.0 applies to all Accounts.
1.2 iRock ISP Solution agrees to
provide You with Internet Access under Your nominated Account for the Fees
stated in this document.
1.3 Applications are accepted in
person, by mail, web, and over the
phone. When iRock ISP Solution accepts Your Application Form, the Contract is
formed and You are bound to the Fees, Contract period, and this Standard Form
of Agreement until either party terminates the Account in accordance with these
Terms and Conditions.
1.4 Your Account is activated when
iRock ISP Solution accepts and processes Your completed Application Form. Some
Accounts require a Provisioning period and activation occurs when Provisioning
is complete.
1.5 iRock ISP Solution will provide
You with the required configuration information, Your username, password and
access number for Your Internet Access. You are responsible for all equipment
and software necessary to access the Internet, including, but not limited to, a
computer, modem (unless otherwise stated in Your Account) and an active phone
line.
1.6 You must use a secure password and
ensure that this password is not disclosed to any unauthorised person. More
information about passwords is available in the Passwords section below.
1.7 You are responsible for all use of
Your Account. iRock ISP Solution cannot protect You against computer viruses or
other security problems. iRock ISP Solution cannot control the material that is
available on the global Internet. If You are confronted with material You
believe to be illegal, You should report it to the appropriate authority.
1.9 iRock ISP Solution does not accept
Accounts from persons under the age of 18. If You allow a minor to use Your
Account then You are legally responsible for supervising their usage. It is
recommended that parents view the resources on Child Safety and the Internet
online at http://www.irock.com.au/support/internetsafeuse.html.
1.10 iRock ISP Solution will protect
Your privacy and will ensure that Your full name, password, payment, personal,
and contact details are not disclosed to third parties except as specifically
permitted or required by law. iRock ISP Solution's privacy policy is available
in the Privacy section below, and is online at http://www.irock.com.au/about/privacy-policy.html.
2.0 Network Agreements
2.1 Section 2.0 applies to all
Accounts.
2.2 iRock ISP Solution makes all
reasonable effort to provide You with Internet Access. However, occasional
scheduled maintenance and operational problems may result in some services not
being available. iRock ISP Solution will remedy any service problems as soon as
possible, but iRock ISP Solution is not liable for any loss You suffer because any
part of the Internet Access is not working. Downtime will not be compensated.
2.3 Connection speeds cannot be
guaranteed, nor can iRock ISP Solution guarantee connection to any particular
Internet site.
2.4 Network performance may vary among
Accounts, as iRock ISP Solution may manage their network to ensure fair and
equitable Usage.
2.5 iRock ISP Solution is not
responsible for backup and storage of Your data and is not liable for any
losses incurred as a result of this.
2.6 If the size of an email account exceeds 15mb, iRock ISP Solution's mail
server may reject the any incoming messages until the account size is lowered
below 15mb.
2.7 If You run Your own mail server,
it is Your responsibility to ensure it is not open for use as an Open
Third-Party Mail Relay. In the event that iRock ISP Solution is notified of or
detects an open mail relay from Your server, iRock ISP Solution reserves the
right to block the port until the Open Third-Party Mail Relay is closed.
3.0 Administration
3.1 Section 3.0 applies to all
Accounts.
3.2 iRock ISP Solution operates a
24-hour help desk, staffed every day of the year. If You are experiencing any
difficulties with Your Internet Access, email support@irock.com.au or telephone
0438105769.
3.3 All Internet related queries must
go though iRock ISP Solution. Any calls made to a third party that results in a
charge levied against iRock ISP Solution may be billed to You.
3.4 You may notify us by post, or
email. We may notify You by post, or email.
3.5 Advice from iRock ISP Solution's
staff is given in good faith but iRock ISP Solution does not represent that its
staff are experts in the operation of Your computer hardware or software and
You must act on any advice given at your own risk. The software supplied with
new Accounts has been provided in good faith by iRock ISP Solution and iRock
ISP Solution is not aware of any defects in the software that may interfere
with the operation of Your computer hardware or software. However prior to
installing the software You should verify that it is compatible with Your
computer hardware and software. iRock ISP Solution does not warrant that the
software will be compatible or defect free and you agree to install and use the
software entirely at your own risk.
3.6 iRock ISP Solution makes
reasonable efforts to ensure that information on the iRock ISP Solution website
is correct and up to date. However, iRock ISP Solution does not warrant the
accuracy of that material. All information is subject to change without notice.
3.7 iRock ISP Solution may change Fees
or conditions on 21 days notice. iRock ISP Solution will notify You if the
proposed changes would be in any way detrimental to You.
3.8 If iRock ISP Solution is ever sold
to another company, these terms will remain in force during any period of
transfer and transition.
4.0 Billing
4.1 Section 4.0 applies to all
Accounts.
4.2 Fees commence from the date Your
Account is active with iRock ISP Solution.
4.3 All portions of Usage are billed
for. Unused Usage monthly allocations are not transferable to consecutive
months.
4.4 The Setup Fee is processed upon
Account Activation and is non-refundable.
4.5 The Payment Due is payable in
monthly, quarterly or annual instalments, depending on Your choice of Account.
iRock ISP Solution will bill You at least 14 days before the Fee is due on
standard accounts for unlimited users a 7 day period will exist. Bills are sent
by email or mail in the form of a Tax Invoice as required by the Goods and
Services Tax Legislation. Invoicing by fax is available on request.
4.6 Usage Charged Accounts are not
billed the Regular Payment for the first part-month. Charges for the first
month are for Usage only, unless otherwise stated.
4.7 Unless otherwise stated, Usage
Charged Accounts are calculated at the end of each calendar month. All Usage is
counted, then Excess Usage plus Regular Payments are billed for.
4.8 Usage Charges relating to Traffic
are counted for Traffic that passes through Your Internet connection. Unless
otherwise stated, only the "inbound" traffic is billed. That is, all
Traffic from the Internet to Your Internet connection.
4.9 You are responsible for all Fees
incurred through the use of Your account. You may monitor Your usage online at
http://www.irock.com.au/users/.
4.10 If You provide a credit card or
direct debit authority, it will be debited upon renewal unless You instruct
otherwise. 7 days notice is required if You do not want a payment to be charged
against an existing credit card or direct debit authority.
4.11 Any unpaid monies owing to iRock
ISP Solution may be referred to a collection agency.
4.12 Any Defined Abuse that causes
significant network issues to iRock ISP Solution may result in charges to
Yourself for iRock ISP Solution's time.
4.13 Unless otherwise stated, Invoices
may be paid by Cash, Cheque, Credit Card, EFTPOS, or Direct Debit
4.14 Dishonoured cheques will incur a
$15 administration Fee
5.0 Suspension and Termination
5.1 Section 5.0 applies to all
Accounts.
5.2 iRock ISP Solution may initiate
Termination of Your Internet Access if any Payments Due are not paid to iRock
ISP Solution by the due date. The following will occur:
(i) Your Internet Access will be
temporarily withdrawn until payment is received; and
(ii) If a Suspended Account remains unpaid after a reasonable period as iRock
ISP Solution may permit, the Account will be closed.
5.3 iRock ISP Solution may Suspend
Your Internet Access for up to 48 hours while investigating any complaint of
criminal behaviour or Defined Abuse on Your part. iRock ISP Solution will
monitor or limit the Internet Access as required by the lawful direction of a
competent law enforcement official.
5.4 iRock ISP Solution may initiate
Termination of Your Internet Access for Defined Abuse and the following will
occur:
(i) iRock ISP Solution will notify You
at the time of Termination;
(ii) iRock ISP Solution will have the right to levy a reasonable Fee for any
costs incurred as a result of the Defined Abuse.
5.5 iRock ISP Solution is not
responsible for Webpages, email or other data lost as a result of Your Account
being closed.
6.0 Third Parties
6.1 Section 6.0 applies to all
Accounts.
6.2 Third party carrier costs for call
connection Fees from Your modem to Your iRock ISP Solution dialup number are
Your responsibility. You are responsible for checking with Your
telecommunications provider that the cost of the phone call from the modem to
iRock ISP Solution is not at a long distance rate.
6.3. To the fullest extent permitted
by law You release and indemnify iRock ISP Solution and its suppliers from all
liability, loss, expenses, damages and costs incurred, (including liability
from third party claims) arising from or in connection with any possible
disruption or cancellations of phone line services, and possible breaches of
the Telecommunications (Customer Service Guarantee) Standard.
7.0 General Agreement
7.1 Section 7.1 applies to all
Accounts.
7.2 You indemnify and agree to keep
indemnified iRock ISP Solution from and against all actions, claims, suits,
demands, liabilities, costs or expenses arising out of or in any way connected
to Your use of the Internet Access. This indemnity is a continuing obligation
separate from Your other obligations under the Contract and will continue
despite termination of the Contract for whatever reason.
Your password is the means by which
you secure your account from unauthorised usage. Your password is known to
iRock ISP Solution and our staff for the sole reason of helping you with access
problems and will not be disclosed to any person by iRock ISP Solution staff
without your consent. Please note that your password is a shared secret with
iRock ISP Solution, and it is in your interests to change the password
regularly.
1. iRock ISP Solution will not provide
any information which you give us to any other organisation or individual
without your express permission or legal compulsion such as a Court order.
2. iRock ISP Solution will comply with the Federal Privacy Commissioner's
prevailing Privacy Principles in all respects, and in particular will not
misuse your personal information for marketing.
3. As part of routine administration, iRock ISP Solution collects system status
information such as login times and help desk records. These are not on-sold or
disclosed to others except as required in paragraph 1.
4. All clients may request access to the personal details collected by iRock
ISP Solution in relation to themselves and the use of the Account owned by
them. iRock ISP Solution wishes to ensure that such details are always correct
and up-to-date, and will amend any inaccuracies or changes to details on
request.
5. By law, iRock ISP Solution must retain some client details for a minimum of
5 years. However, iRock ISP Solution does not retain clients personal
information longer than is necessary for the purposes of compliance with the
law and routine administration.
6. If iRock ISP Solution is ever sold to another organisation, the new owners
must also comply with this privacy policy.
7. iRock ISP Solution keeps client information on controlled facilities which
are secured against unauthorised access. Proof of identity will be required
before information is released to any person, including the client.
8. iRock ISP Solution typically communicates with its clients by email, and
sends all clients a newsletter approximately once per month. In exceptional
circumstances, urgent notifications may also be sent out by email.
9. iRock ISP Solution is constantly improving and enhancing its services to
clients, and may update this privacy policy as required. Any changes to the
policy will be advised to clients in our regular newsletter and by updating
this page on the iRock ISP Solution web site.