Terms and Conditions - General
OzWide Satellite PTY LIMITED TRADING AS ozwide
STANDARD TERMS AND CONDITIONS
1. Standard Terms
If you are a telecommunications customer of ozwide then these standard terms
apply to your use of our services.
Additional terms may apply to some of our services. For example, if you are
an "OzSat" customer, additional terms apply to your use of our OzSat
service. We will tell you when additional terms apply.
Sometimes we may make special offers that are subject to other terms. If you
accept one of those special offers, then the terms of that offer will also apply.
Our agreement will commence on the date we accept your application and will
continue until this agreement is terminated in accordance with these terms and
conditions.
2. About our services
We aim to provide you with high quality services that can be used at any time.
However the nature of our services means that we cannot ensure that they will
always be available or working properly. This is largely because our services
rely on networks and equipment that we do not control.
If there is a problem with our service we will try and fix it as soon as we
can. If you experience any problems with our service please let us know by calling
customer services. We will try to address the problem in a way that satisfies
you. Before resorting to any external dispute resolution mechanism, we and you
shall attempt to settle any dispute within 14 days of that dispute arising.
You are responsible for the cost of any telephone calls you make to access
our services.
We may at any time suspend, restrict or disconnect your ability to use our
services.
3. Paying for our services
You must pay our charges for the services we provide. If someone else uses the
services we provide to you, you are still responsible for payment. A charge
may apply for posted invoices, accounts not paid by direct payment, if you request
a change to your account or to see any historical account information. We will
inform you of the charge prior to it being applied.
You can get details of our current charges either from our website www.ozwide.net.au
or by calling customer services. We may change some of these charges from time
to time.
Some of our services are offered as Prepaid services. If you subscribe for
these services you must pay for them in advance. For other services, unless
we agree otherwise, we will bill you monthly, although we may not send you an
account for fixed charges such as Internet access charges where a direct payment
arrangement is in place. You must pay our charges by the due date, which will
be at least two weeks after the billing date.
If you do not pay our charges by the due date then we may charge you a late
payment fee of 9.375% of the unpaid portion of your account. You must also pay
us any costs we incur in trying to recover overdue payments from you.
If you have any questions about your bill, or you think there is a mistake,
then please contact customer services as soon as possible on 07 54838006. If
we agree that there has been a mistake with your bill we will fix it.
4. Credit
We may use information you have provided us to carry out credit checks on you.
We may also give that information to credit agencies for that purpose.
As we provide services on credit, we may require you to make a payment in advance
before we allow you to use (or keep using) our services. We may also set credit
limits.
5. Your responsibilities
You agree:
· to make sure that all information you give us
is correct
· to follow the instructions we give you and comply with any restrictions
we impose regarding your use of our services
· to keep any password or security code which relates to our services
confidential,and to change the password or security code if we request you
to do so
· to notify us immediately if you believe that someone else has discovered
your password or security code or has made any fraudulent use of the services
we provide to you
· to notify us immediately of any change of your address or phone number.
You agree not to use our services:
· in a way which breaks any law or infringes anyone's
legal rights (such as copyright)
· to obtain unauthorised access to anyone's system
· in a way which could cause physical or other damage to anyone's system
· in a way which is offensive, abusive or is likely to be a nuisance
to someone else.
If you do not comply with these obligations, and we incur
costs as a result, then you must pay those costs. In addition, we can remove
from our servers any material that we consider breaches these terms.
6. Internet services
In relation to our Internet services:
· you must not logon to the Internet with your
account from more than one machine at any one time
· you must remove your email from our mail server promptly and the
space used by your files on our system must not exceed 5mb. If you do not
regularly remove your email or it builds up to exceed the 5mb limit we can
remove it ourselves
· you must not use a flat rate account as a permanent internet connection
· block (freedom account) hours purchased are valid for 12 months and
will expire if not used.
To ensure access to the internet is available to all our
customers on a fair basis, we can disconnect you if you have been continuously
connected for more than 3 hours or if your connection remains idle for 10 minutes.
If we disconnect you for these reasons you will be able to re-connect immediately
as long as your account is not overdue or suspended.
7. Privacy
From time to time you may give us personal information, such as your address
and other details. If you do not give us this information we may not be able
to provide you with services. Personal information about you may also be generated
as a result of your use of our services.
We will treat your personal information in a manner that
meets the requirements of the Privacy Act.
You agree that we can use your personal information (and
provide it to appropriate third parties) to:
· provide services to you
· bill you
· complete credit checking
· recover overdue accounts
· keep you informed about our services and those of our selected business
partners
We may monitor or record calls to customer services. (For training purposes
to improve service quality or for verbal acceptance of product applications
etc).
You can at any time make a written request to see any personal
information that we hold or to ask us to correct any mistakes in that information.
8. Our liability to you
To the extent that the law allows us to do so, we exclude all liability to you
in connection with our provision of services to you.
If, even though we have excluded our liability, we are
held to be liable to you for any reason, then our liability is limited to a
maximum of $5,000 for any event (or series of related events) and to a maximum
of $10,000 in any year.
9. Liability of other people
You agree that these people are not liable to you in relation to our services:
· Our employees, contractors, officers and agents
· Any network operator or other person whose services we use to provide
services to you (or any · of their employees, contractors, officers
and agents).
10. Ending this agreement
For services billed monthly you can end this agreement by giving 30 days notice
to customer services on 07 54838006. For services not billed monthly you can
end this agreement by giving at least 30 days notice to customer services on
07 54838006 before the end of your current invoice period.
We can end this agreement immediately if you do not meet
your obligations under this agreement. Otherwise we can end this agreement by
giving you 30 days notice. We can also suspend or restrict your ability to use
our services without ending this agreement if we believe that you have not met
your obligations under this agreement.
However this agreement is ended, you will still have to
pay our charges for any services we supplied to you before the agreement ended.
If on termination you have a credit balance in your account we will refund that
balance to you on request. However no refund is payable of balances relating
to:
the purchase by you of a Prepaid service, where you have not used all or part
of the prepaid amount; or
payments you have made where you have agreed to use our services for a set period,
but wish to terminate during that period.
11. Australia law applies
Our services are provided under Australian law. If you want to bring a claim
against us you must do so in an Australian court.
12. Contacting each other
If you need to contact us for any reason you can do so by calling customer services
on 07 54838006. If we need to notify you of anything we can do so:
· by email to you if you are an internet customer,
or a phone customer who has supplied us with an email address; or
· by post; or
· by phone; or
· by a notice on our website (www.ozwide.net.au); or
· by public notice in major metropolitan newspapers.
If your contact details change then you must tell us the
new details. You are deemed to have received any notice sent to your last known
email or postal address.
13. Transferring the agreement
We can transfer some or all of our rights and obligations under this agreement
to someone else. We will tell you if we do this.
14. Changing these terms
We can change these terms at any time. We will notify you of any change before
it comes into effect.
