Terms and conditions of ADNET Audio & Internet and the Mid North Coast Internet

DEFINITIONS

The "Provider" consists of

  1. Mid North Coast Internet.
  2. ADNET Audio & Internet
The "Account" means the customer's right to use the Service.
The "Service" means access to the Internet including computer resources, disk storage and computer communications facilities.
The "Commencement of Service Date" means the date filled in by the customer on the application form.
The "Usage Report" means the report of data volumes and connection time to the Service provided by the Provider to the Customer.
The "Month" is a Calendar Month.

TERMINATION

This Agreement will remain in place until it is terminated by either the Provider or the Customer. Customer may give written notice, delivered by post or fax, at least 7 days prior to the end of the month and cancellation will be effective from the end of that month. The Provider reserves the right to terminate the Service to the Customer without notice if the account is not paid by the due date, or upon the occasion of misuse or abuse of the Service by the Customer. What constitutes misuse or abuse of the Service is determined by the Provider.

PROVISION OF THE SERVICES

The Customer must provide the telephone line, modem, computer and appropriate communications software. The customer must have a working knowledge of their computer.
The Provider shall supply the Account to the Customer. The price and conditions of the Service to the Customer shall be as advised and as amended from time to time such amendments to be notified by the Provider to the Customer upon one month's notice via email or by publication on www.adnet.com.au. Use of the service constitutes acceptance of the terms and conditions.
Dial Up Budget Plans and Ezi Monthly Plans have an expiration date. Unused data on the Dial Up Ezi Plan cannot be rolled over. Unused time on the Budget Packs can not be rolled over.
The Customer shall pay the Provider the price of the Services by way of credit card, cash, cheque, electronic funds transfer or such other method of payment as shall be agreed by the Provider and the Customer from time to time. Customer shall pay the Provider the account establishment fee on or before the Commencement of Service Date. The Customer shall pay the Provider by the due date all charges payable in respect to the relevant month as detailed in the Usage Report or the minimum monthly usage fee whichever is the greater, including charges for excess data if applicable.
The Provider reserves the right to charge a debt recovery fee of $50 if the account is not paid in full. The Provider may monitor or keep any records that the Provider deems necessary of the Customer's use of the Service. The use of the Service (which includes the contents thereof and any storage or use of information) is at the Customer's sole risk. The Provider does not nor do any of the information providers, licensors, employees or agents warrant that the Service will be uninterrupted or error free; nor does the Provider, licensors, employees or agents make any warranty as to the results obtained from the use of the Service.
The Service is distributed on an as is basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose of use with respect to the Service or information. Any liability of the Provider shall be limited to the resupply of the relevant Services. Neither the Provider nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty. The provisions of this Clause will survive any termination of this Agreement. The Services must not be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including activities prohibited under the Australian Commonwealth Government Telecommunications Act 1991 or under other applicable Australian State and Commonwealth Laws; and/or any unauthorised use of copyright material.

INDEMNITY

The Customer hereby indemnifies and shall keep indemnified the Provider in respect to any loss or damage action claim suit or proceeding against the Provider by any person in respect to the use of the Customer's account including but not limited to the transmission of any illegal and/or fraudulent material which the Customer transmits or causes to be transmitted using the Provider's Service.

NOTICES

All notices and other communications provided for or permitted hereunder (except for customer termination of account) shall be in writing and shall be sent by hand or delivery post or facsimile or electronic mail to the parties hereto at their respective addresses as herein specified or to such other address as any party may specify by notice in writing to another party. All such notices and communications shall be deemed to have been duly given or made: (1) When delivered if sent by hand, or(2) The business day three days following posting if sent by post, or(3) The business day following the date of transmission if sent by facsimile, or (4) The business day following date of transmission if sent by electronic mail.
Notices of a general nature will be posted on our website.

MISCELLANEOUS

This Agreement shall be governed by the laws in force in the State of New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State. Except as otherwise expressly provided in these terms the provisions hereof shall enure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto. The terms and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subject matter of same. Neither this Agreement nor any term in it may be amended, waived, discharged or terminated except by written instrument signed by all the parties hereto and/or as specified herein.

OPERATING RULES

As notified by the Provider to the Customer from time to time either via email or as posted on www.adnet.com.au.


AGREEMENT
To be read in conjunction with the Terms and Conditions as outlined above.

I am over 18 years of age.

I understand that I must ensure that the telephone number that I dial for Internet access is at local call cost and that I am responsible for all telecommunications charges. I understand that I must ensure that the username/password combination used for each access of the system is appropriate for my dial-in plan. ADNET will not be held responsible for incorrect login details used by me, the customer.

I acknowledge that the material accessible via Mid North Coast Internet is varied and that ADNET and Mid North Coast Internet are not in any way responsible for the nature and content of that material, my access to that material and my use of that material.

I understand that ADNET will supply phone and/or email support for the installation and configuration of their starter packs only. Any other support is offered at ADNET's discretion and ADNET does not provide support for computer problems. Advice, Starter Packs and information from ADNET is given in good faith and I use any of this at my sole risk, assuming all responsibility for loss of any kind.

With the exception of the Budget Hourly Plans or Ezi Monthly Plans, I understand that an account will be issued via email and that a minimum monthly usage applies. I agree to pay that account by the due date otherwise my Internet access may be suspended without notice and that an additional fee of $50 may be applied. I understand that a higher hourly rate applies if my account is not in credit at the end of the calendar month.
I understand that my website hosting fees are payable in advance and that if not paid before the due date the site may be suspended without notice

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