Terms, Conditions & Service Agreements

General Service Agreement

Client Service Agreement

Terms and Conditions

Definitions
The "Provider", is CyberOne Pty Ltd (ABN 88 075 359 385).
The "Customer" is the designated user specified in the Application Form or any other user authorised by the designated user.
The "Account", means the Customer's account with the Provider through which the Customer has the right to use the Service.
The "Service", means access to the Telephone, Voice Over IP (VoIP) network, permanent, dialup or broadband access to the Internet and/or the CyberOne communications network, including computer resources, disk storage and communication facilities.
The "Commencement of Service date", means the date entered by the Customer on the Application form or the date mutually agreed by the Customer and the Provider.
The "Usage Report", means the report of the connection data usage to the Service and is determined by the Provider and supplied to the Customer.
The "Credit Threshold Limit" means an amount that may be incurred by the Customer's use of the service before payment is required by the Provider.
The "Application Form" means the CyberOne internet application form.
The “AUP” means the Provider's Acceptable Usage Policy.
The “Cancellation Charges” means the amount set out in the terms and conditions related to the Service the Customer has contracted with the Provider for. For example, if the Customer has contracted with the Provider for ADSL services, then the Customer should refer to the ADSL Terms and Conditions for applicable Cancellation Charges.
The “Reconnection Charges” means the amount set out in the terms and conditions related to the Service the Customer has contracted with the Provider for For example, if the Customer has contracted with the Provider for ADSL services, then the Customer should refer to the ADSL Terms and Conditions for applicable Cancellation Charges.
The “Usage Charges” (where applicable) are calculated by measuring:

• Data flows associated with the Service where the Provider has contracted with the Customer to provide dialup and broadband internet access services;

• Disk space allocation where the Provider has contracted with the Customer to provide web hosting and data storage services; and

• Call charges where the Provider has contracted with the Customer to provide telephony services.

Orders
An order placed by the Customer is an offer to purchase a particular product or a service subscription and constitutes the Customer's agreement to the fees, charges and contract conditions as specified on the Order Form.
The Provider reserves the right to accept or reject the Customer's order for any reason and at any time before the product delivery or service activation. In case of rejection of the Customer's order by the Provider, the Provider shall refund any deposit or up-front fees paid by the Customer within the maximum of 30 days from the date of order rejection.
To efficiently process the order the Customer must submit name, email address, mailing address, credit card number, the expiry date of the credit card and any other information required by the Provider. The Customer must provide accurate personal details.
In the event of the Customer cancelling an order after acceptance by the Provider of that order, The Provider reserves the right to charge a cancellation fee as outlined in the fees section of the Order Form.

Delivery and Activation
Upon receipt of the Customer's order, the payment and all the information required by the Provider, the Provider shall endeavour to deliver the product or activate the service ordered as soon as possible, within the time-frames listed below.
The customer hereby accepts the following activation time-frames:

• Transfer of an existing Telephone Service from another Telecommunications Provider - on average 2 business days, up to a maximum of 5 business days.
• Installation of a new Telephone Service - on average 5 business days, up to a maximum of 21 business days.
• Activation or transfer of an existing Mobile Phone Service from another Mobile Provider - on average 2 business days, up to a maximum of 5 business days.
• Activation of a Dialup Internet Service - on average 24 hours, up to a maximum of 5 business days.
• Activation of a TransACT Broadband Cable Service - on average 24 hours, up to a maximum of 5 business days.
• Transfer of an existing ADSL or ADSL2+ service from another Provider - on average 3 business days, up to a maximum of 7 business days.
• Installation of a new ADSL broadband Service - on average 5 business days, up to a maximum of 21 business days.
• Installation of a new ADSL2+ broadband Service - on average 15 business days, up to a maximum of 30 business days.
• Installation of a new Wireless Broadband Service - on average 5 business days, up to a maximum of 21 business days.

Termination
The initial term of the contract is specified in the Application Form.
After the initial term of the contract expires, this agreement will remain in place until it is terminated by either the Provider or Customer by giving to the other party one month's written notice in thereof. To discontinue service, the Customer is required to submit a completed 'Discontinuation of service form' available on request from the provider. The Customer will continue to be liable for any charges associated with the Account until it is terminated. The Provider reserves the right to terminate the Service to the Customer at any time, without notice, if the Customer has misused or abused the Service in the manner set out in the AUP. The Provider also reserves the right to terminate the Service to the Customer, at Provider's discretion, by serving a 30 days termination notice.

Provision of the Services
The Customer must provide the following: telecommunications line or cable; modem, cable modem or router; computer equipment; and appropriate communication software

• The Provider shall provide the Service to the customer.

• The Provider may monitor or keep any records that the Provider deems reasonably 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 the information) is at the Customer's sole risk. The Provider does not nor do any of the Provider's suppliers, licensors, employees or agents warrant that the Service will be uninterrupted or error free; nor does the Provider or its suppliers, licensors, employees or agents make any warranties as to the results obtained from the use of the Service.

• The Service is provided on "as is", basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchant ability or fitness for a particular purpose or use with respect to the Service or information.

• In accordance with section 68A of the Trade Practices Act and similar State and Territory provisions, any liability of the Provider will be limited strictly to the resupply of the relevant Services or the cost of their re-supply, at the Provider's sole discretion.

• The Service can not be used by any individual or group of persons for any activity of an illegal or fraudulent nature, including any activities which may breach any legislation or law applicable in any Australian state or territory or the Commonwealth of Australia.

• The Customer agrees to refrain from mass posting of messages to inappropriate usenet newsgroups, to refrain from mass, unsolicited e-mailings, and to post advertisements only where appropriate in venues that specifically encourage or allow advertising.

• The Customer agrees to refrain from any activity that may have a detrimental effect for other Customers of the Provider.

• Unless specified in the Application Form or by agreement with the Provider, the Customer will not use the Account to provide commercial, business or unauthorised services.

• Unless specified otherwise in the Terms and Conditions attached to the Service, the Customer must not simultaneously connect more than one computer to the Service nor provide access to other users (for example by connecting a cabled or wireless hub, switch or router or a modem to a networked PC).

• Free, complimentary services such as email addresses, mailboxes, webmail access, private web page, etc are provided on "as is", basis without warranties of any kind. The use of these services is at the customer's sole risk. Faults or problems the Customer may have with the free/complimentary services do not entitle the Customer to refunds of subscription or connection charges. The Provider reserves the right to withdraw or change conditions and limits associated with these services at any time without notice.

• All IP Addresses issued by the Provider to the Customer must be returned to the Provider for re-use on termination of this agreement.
  The Customer agrees to comply with the terms and conditions of the AUP at all times.

Prices and Payment Conditions
The Provider shall provide the Account to the Customer with a Credit Threshold Limit as defined in the Application Form. The price of Services to the Customer shall be as detailed in Application Form and as amended from time to time. If the Credit Threshold Limit is not defined in the Application Form, the default limit is agreed to be equal to the amount of the monthly subscription charge for the relevant service.

The Customer is responsible for and will pay all charges generated by the use of the Service.
If not otherwise agreed, the Customer shall pay the Provider the price of the Service in Australian currency by way of credit card. The Customer gives the Provider permission to debit Customer's credit card with all charges related to use of the Service. The Customer agrees that Provider can debit Customer's credit card at any time the Customer's Account balance exceeds the Credit Threshold Limit defined in the Application Form.

The Customer shall pay to the Provider - the registration fee and the first months connection fee on or before the commencement of Service date. The monthly fee and any other fixed monthly charges payable in respect of the relevant month shall be paid in advance. Usage charges (where applicable) as detailed in the Usage Report shall be paid whenever Customer's Account balance exceeds the agreed Credit Threshold Limit.

Notwithstanding any other provision of this agreement and in addition to any other rights or remedies available to CyberOne Pty Ltd, CyberOne Pty Ltd may:

• subject to the next dot point, suspend the service immediately if the payment for the Service is not received; and

• temporarily disconnect the Service if any payment or part payment remains outstanding for seven days or more.

• The Customer agrees to pay the Reconnection Charges if the Customer pays all of the amounts outstanding, requests that the Provider re-instates the Service, and the Provider consents to re-instating the Service.

If the Customer fails to pay any charges when due, including but not limited to installation charges or taxes, and such failure continues unremedied for a period of thirty days, or if the Customer fails to perform or observe any other material term or condition of this agreement or the AUP, or if the Customer provides false or inaccurate information which is required for the provision of the Service or that which is necessary to allow CyberOne Pty Ltd to bill the Customer for the Service, and such condition continues unremedied for thirty days, the Customer shall be in default and the Provider may terminate this agreement upon a months' notice. Upon such termination by the Provider, the Customer shall be liable for any applicable charges, including costs incurred by the Provider in recovering the outstanding charges and including a Cancellation Charge.

Where the Customer terminates this agreement prior to the end of its term or this agreement is terminated by the Provider for a material cause as described in this agreement or the AUP, a Cancellation Charge for early termination of Service will be applied to the Customer's final bill.

All prices for residential services are inclusive of the Goods and Services Tax (GST). The GST is payable by the Customer.

Schedule of Fees
Details of subscription plans and fees are listed on our web site at www.cyberone.com.au.
The schedule of fees relevant to specific subscription plan is listed on the plan's description page and in the Terms and Conditions relevant to the particular plan.
The Terms and Conditions for all services provided by CyberOne are also listed at http://www.cyberone.com.au/?page=terms .

In addition to the costs the Customer incurs in the normal use of the Service, the Provider can also charge for administration and other similar charges. These general charges and fees are outlined below:

• General Postage Fee - letters and small items via Australian Post ($5.50)
• Credit Card Transaction Surcharge (2.5% of Transaction Value or 50c if amount is less then $20.00 )
• Paper Bill ($10)
• Fax - faxes sent on customer's request are charged as follows: 50c first page, 35c each subsequent page
• Overdue Account ($11)
• Rejected Credit Card Transaction ($11)
• Rejected Direct Debit ($11)
• Document Retrieval ($22)
• Fees for Administrative Action ($22)
• Credit Card Chargeback ($44)
• Dishonoured Cheque ($44)
• Debt Recovery ($50).

Personal information in the Provider's possession that relates to the Customer may be disclosed by the Provider to a Credit Reporting Agency, and the Customer consents to such disclosure.

The Customer agrees that the Provider may obtain a credit report relating to the Customer from a Credit Reporting Agency for the purpose of either processing the Application Form for personal or commercial credit, or for collecting overdue payments in respect of personal or commercial credit provided to the Customer by the Provider.

The Customer agrees that the Provider may disclose a credit report or other report relating to the Customer or any other personal information derived from that credit report or other report to any other credit provider for any of the following purposes:

• the assessment by the Provider or the other credit provider of the Customer's creditworthiness;

• the collection by the Provider or the other credit provider of payments that are overdue, or

the exchange of information between the Provider and the other credit provider for the purposes referred to in the preceding two dot points.

Indemnity
To the full extent permissible at law, the Customer hereby indemnifies and shall keep indemnified the Provider, and their suppliers, in respect to any loss or damage action claim suit or proceeding against the Provider by any person in respect of the use the Customer makes of the Service, including but not limited to a breach of the AUP or the transmission of any illegal and / or fraudulent material which the Customer transmits or causes to be transmitted by the Provider's Service.

Disputes and Complaints
The Provider has in place a formal Complaint Resolution Process outlined in CyberOne Complaints Management Policy. This Complaints Management Policy is published on CyberOne web site and can be accessed at http://www.cyberone.com.au/?page=terms&sel=policy .
The Customer hereby agrees to submit to and follow Provider's Complaint Resolution Process in full in resolution of any complaints or disputes he/she may raise with the Provider.

Contact Information
The Provider published contact information and inquiry response time-frames are available at http://www.cyberone.com.au/?page=contact.
The Customer hereby acknowledges and accepts the response time-frames published by the Provider.

Notices
All notices and other communication provided for or permitted hereunder shall be in writing and shall be sent by hand 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 communication shall be deemed to have been duly given or made (i) when delivered if sent by hand or (ii) the business day three days following posting if sent by post or (iii) the business day following the date of transmission if sent by facsimile or (iv) the business day following the date of transmission if sent by electronic mail.

Miscellaneous
The laws in force in the Australian Capital Territory shall govern this agreement and each party hereto submits to the exclusive jurisdiction of the courts of that Territory. Except as otherwise expressly provided in these terms the provisions thereof shall ensure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto. These terms and other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subject matter of the same. Neither this agreement nor any term in it may be amended, waived, discharged or terminated except by written instrument signed by all parties hereto and/or as specified herein.

Changes

The current version of this agreement is always available form the Provider's website: http://www.cyberone.com.au.

This agreement may be changed by the Provider from time to time.
The Provider is not required to notify the Customer of a change unless a change is detrimental to the Customer. If such a detrimental change is made, the Provider will notify the Customer of the detrimental change by a month's notice in writing. If the Customer does not agree to the detrimental change, the Customer has a further 30 days during which the Customer may cancel the Service without penalty, subject to the other terms and conditions of this Agreement.

Last updated 01 June 2009