Terms & Conditions
Maxi Internet Services Pty Ltd (Maxinet) allows you to use
our services on the following terms and conditions. You
must read these terms and conditions prior to using any of
our services. By using our services, you will have
acknowledged that you have read, and agree to be bound by
and to comply with these terms and conditions. These
Terms and Conditions should be read in conjunction with the
specific Terms and Conditions that apply to Maxinet's Business
Class xDSL services, Maxinet's Voice Services Terms and Conditions,
and any other specific service conditions that have been provided,
where applicable.
This agreement will start when Maxinet
receives your order, and it may only end in accordance with
clause 7 (Termination of Agreement) below.
Maxinet will provide the service, which
will include all access details, login codes and passwords,
and / or any other information that may be required to access
the service. In some cases, a product Service Level Assurance
(SLA) will apply, and this will be stipulated at the time
of subscription. Where no such SLA is issued, the service
supplied will be supplied on a best effort basis.
The rates may be changed at any time at
Maxinet's discretion.
4.1 Unless otherwise
agreed, we will invoice for recurring charges on a monthly
basis in advance and usage based fees on a monthly basis in
arrears.
4.2 Maxinet will comply
with any and all taxation requirements that may apply to these
services.
4.3 Maxinet invoices
are strictly payable within 7 days from the date of issue.
Variations may be provided by negotiation, at our absolute
discretion.
4.4 Credit card customers
agree to have their cards automatically debited at the start
of each monthly period for monthly fees and at the end of
each month for any excess usage fees for the period. Should
this credit card expire, or should Maxinet be otherwise unable
to debit this card, Maxinet reserves the right to immediately
withdraw the service without notice.
4.5 In the event that
your credit card is declined, for whatever reason, an $11.00
administrative fee may be charged, per instance, at our absolute
discretion, to cover additional administrative costs incurred.
This charge will not be levied if you take reasonable measures
to ensure Maxinet is properly notified of any matter that
may cause your credit card to be declined, prior to processing
of the transaction.
4.6 If, in any circumstances
Maxinet suspends services, a reconnection fee may be imposed
of $55 for Business and $22 for Non-Business accounts.
4.7 Maxinet may impose
a $25 Late Payment Fee on any invoice that is not paid on
time, at our absolute discretion. You will be liable to pay
Maxinet all expenses incurred by us in relation to recovering
any payments due, including legal costs for recovery.
4.8 Processing and
verification procedures (including delays in receipt of billing
information) may mean that not all charges during the period
covered by an invoice can be included in that invoice. We
may include those charges in any subsequent invoices.
5.1 You acknowledge
that Maxinet shall not be liable for damage or injury caused
by the use of any services or arising out of any breach of
any term, undertaking, warranty or representation relating
to any services under this agreement or provided by Maxinet,
any of its employees, contractors or agents at any time elsewhere,
including any indirect, special or consequential damage, whether
foreseeable or not, and whether such loss or damage derives
from an act of omission which is negligent.
5.2 Except as expressly
provided under these Terms and Conditions or in the operations
of law, no warranty, condition, undertaking or term, express
or implied, statutory or otherwise, as to the condition, quality,
performance, merchantability or fitness for purpose of the
goods or services comprising the services provided hereunder
is given or assumed and all such warranties, conditions, undertakings
and terms are thereby excluded. To the extent permitted by
law, any rebate provided under a Maxinet SLA will be your
sole remedy in respect of any event giving rise to our failure
to achieve any Service Level and we exclude any other liability
to you in connection with this Agreement in respect of our
failure to achieve any Service Levels, whether in contract,
negligence or any other tort, under any statute or otherwise.
5.3 In the event that
a warranty, condition, undertaking or term is necessarily
implied by the Trade Practices Act and cannot be excluded
then the liability of Maxinet in breach of that warranty,
condition, undertaking or term is limited to the cost of replacing
the service.
5.4 You acknowledge
that Maxinet shall not be liable for any special, incidental
or consequential or other damages arising from or as a result
of any delay, omission or error in the use of the services.
5.5 You agree that
you will not use the services in any such manner that contravenes
any law or regulation, is malicious, or is contrary to generally
accepted service usage principles.
As a user of the services, you have the
benefit of warranties implied by the Trade Practices Act,
including that the services will be fit for their particular
purpose and correspond with Maxinet's description of them.
7.1 Maxinet may
immediately, without notice to you, suspend or terminate any
service if you fail to pay your account on or by the due date
together with any other costs and disbursements payable by
you as referred to in Clause 4 above.
7.2 Maxinet may
immediately, without notice to you, suspend or terminate any
service should you, in our opinion, engage in any activity
referred to in Clause 5.5 or if we reasonably suspect fraud
or misuse of the Service on your part.
7.3 Maxinet may
immediately, without notice to you, suspend or terminate this
agreement if a receiver or administrator or provisional administrator
or similar is appointed to you, or if we have any reason to
believe you will be unable to pay for the services.
7.4 Maxinet may suspend, limit or cancel a DSL service if we consider there to be excessive or unusual usage of that service. This includes, but is not limited to, where the total data transferred in a month exceeds 30Gbytes, and the data downloaded is less than 50% of the total.
7.5 You may terminate
this agreement and thereby cancel your subscription to Maxinet
by giving Maxinet thirty days written notice of your intention
to cancel. This clause does not apply, if you have subscribed
for a fixed term, for the duration of such term, except as
allowed by clause 7.6.
7.6 Should termination
occur prior to expiration of any minimum term, the sum of
remaining monthly charges times the remaining months, plus
any other outstanding amounts will become immediately due
and payable.
Maxinet provides a range of Home / Small
Office xDSL services. The following conditions specifically
apply to these services. These conditions should be read in
conjunction with any service specific conditions that may
be issued in relation to a particular service. Such conditions
may be contained in any service order form or proposal for
the service.
8.1 Uploads (the data
you send) are free unless you send more than 2.75 times the
amount of data you receive (i.e. Downloads). If this occurs,
you will be charged for the rate of 11c (including GST) per
Mb for each Mb in excess of the allowance. This rate may change
from time to time.
8.2 These services
are delivered, at least in part over third parties' Networks
and / or infrastructure. The specified service speeds are
indicative only, and depend on other external factors, and
so Maxinet does not warrant that the maximum speeds will be
achieved.
8.3 When a fault is
determined to be a fault in the ADSL Network, Maxinet will
use best efforts to rectify the fault as soon as reasonably
possible. However, no assurances are provided in relation
to such response and or restoration times.
9.1 You authorise
us to collect, use and disclose Personal Information about
you for the primary purpose of the supply or proposed supply
to you of the Service. If you do not provide all the Personal
Information we request from you, we may be unable to supply
the Service to you or we may be restricted in the way we supply
that Service to you.
9.2 You also authorise
us to collect, use and disclose Personal Information about
you for related (or secondary) purposes including
(a) assessing creditworthiness;
(b) all purposes
associated with the provision of telecommunications services
to you, including billing and account management;
(c) to provide you
with information about products and services which we, or
any of our partners or affiliates, may provide to you;
(d) implementing
this Agreement;
(e) business planning
and product development; and
(f) complying with
legal requirements.
9.3 You authorise
us to disclose Personal Information about you to:
(a) any Other Supplier
who need access to the Personal Information to provide us
with goods or services, enabling us to supply you with the
Service (including the investigation and resolution of disputes
or complaints concerning the provision of the Service); or
(b) any Related
Body Corporate of ours, or any of our partners or affiliates.
9.4 You acknowledge
that in certain circumstances, we may be permitted or required
by applicable laws to use or disclose Personal Information
about you. Such uses or disclosures may include
(a) disclosures
to law enforcement agencies for purposes relating to the enforcement
of criminal and other laws;
(b) uses or disclosures
in accordance with court orders or if required or authorised
by law;
(c) uses or disclosures
to lessen or prevent serious threats to an individual's life,
health or safety or to public health or safety; or
(d) uses to assist
in internal investigations conducted by us into suspected
fraud, misuse of the Service or other unlawful activities.
9.5 We will provide
you with access to any of your Personal Information held by
us, at your request. We reserve the right to charge a reasonable
fee for this service. We agree to correct or amend any of
your Personal Information held by us which is inaccurate or
out of date, at your written request.
9.6 We will handle
your Personal Information in accordance with the requirements
of relevant laws and industry standards.
9.7 Subject to compliance
with this clause, we may, at any time at our absolute discretion
(a) intercept the
Service or the data being transmitted over the Service, for
the purpose of complying with our obligations at law; and
(b) monitor use
of the Service.
10.1 Except as expressly
provided by this Agreement.
(a) you will bear
the risk of loss or damage to any Maxinet Equipment used or
located on Your Premises or whilst in your possession or control;
(b) the Maxinet
Equipment always remains our property (or where relevant the
lessor or licensors of the Maxinet Equipment to us);
(c) you will ensure
that, you have all necessary consents and approvals (including
landlord approval where applicable) necessary or desirable
for us to deliver, install and maintain the Maxinet Equipment
at the Access Site;
(d) you will not
part with possession of the Maxinet Equipment except to us
and will comply with all our reasonable directions relating
to our rights of ownership of the Maxinet Equipment;
(e) you will provide
a suitable physical environment at Your Premises for the storage
and operation of the Maxinet Equipment including supplying
an adequate power supply for the operation of the Maxinet
Equipment;
(f) you must ensure
that the Maxinet Equipment will not be altered, repaired,
serviced, moved or disconnected except by personnel approved
by us;
(g) you must take
good care of the Maxinet Equipment while it is in your possession
or control and must notify us immediately if you become aware
of any damage to or malfunction of the Maxinet Equipment;
(h) you will be
liable to us for all loss of, or damage to, the Maxinet Equipment
while at Your Premises or whilst in your possession or control,
apart from fair wear and tear; and
(i) you will only
use the Maxinet Equipment in accordance with the manufacturer's
specifications or our written directions.
10.2 We may at any
time change, modify, replace or service the Maxinet Equipment
provided that the performance of the Service is not materially
adversely affected.
10.3 We may charge
you for any repair, maintenance or replacement of the Maxinet
Equipment due to events other than normal wear and tear, including
but not limited to:
(a) Force Majeure
Events;
(b) failure to use
that Maxinet Equipment in accordance with this Agreement;
(c) any act of wilful
damage or interference by a party other than us, our employees
or agents;
(d) negligent use
or misuse of that Maxinet Equipment by a party other than
us, our employees or agents;
(e) any failure
or fluctuation of the electrical power supply to that Maxinet
Equipment, or any external electromagnetic interference or
any failure of air-conditioning and humidity control for that
equipment; or
(f) the performance
of maintenance services by a party other than us or service
personnel approved by us.
11.1 Usage is calculated
as bi-directional. Unused data allowance expires at the end
of each month. |
