Our services to you

Optic Fibre & Wireless will provide you with the Services that you purchase from us from time to time, and by purchasing and using these Services, you are indicating agreement to the terms and conditions set out below.

Our agreement will commence on the earlier of

(i) the date that we accept your application for the provision of any of our Services, either by notifying you or by providing you with access to those Services; or

(ii) the date you start using any of our Services. We reserve the right to refuse your application in our complete discretion.

Our agreement will continue until the end of any fixed term set out in your application, or until this agreement is terminated in accordance with these terms and conditions.

We reserve the right to request offline verification of your identity or authority.

Definitions

Throughout this document, various terms are used. Their meanings are outlined as below:

Optic Fibre & Wireless - the vendor of the service.

Company - means Optic Fibre & Wireless Pty Ltd trading as "Optic Fibre & Wireless".

Service - the service provided by the Company, providing a means for a subscriber to connect to the Internet via the Company's computer facilities. Registration Form - the Company's standard form for application of provision of service to the Subscriber.

Application Fee - means the setup fee (if applicable) payable by the subscriber of an amount specified by the Company.

Subscriber - the applicant specified on the registration form.

Subscription - any fees payable by the Subscriber for the Service.

Late Fee - a fee set by the Company in the event a Subscriber doesn't pay their account by the specified date.

Carrier - the means by which you are able to connect to the Internet. An example would be Optic Fibre & Wireless.

Your obligation to pay us

I, the Subscriber, agree:

(a) that payment for my Subscription is due on the 1st of every month, and I have 7 days to pay for the account. If the Subscription remains unpaid beyond the 7th of the month, I understand that my Service may be automatically locked (access temporarily disabled) by the Company’s system and a $10.00 Late Fee will apply to re-enable the Subscription.

(b) that if my subscription is paid by automatic deduction by credit card that the outstanding amount at the beginning of each month (including any excess amounts from previous month) will be charged to my card during the month that it is due. I also understand that it is my responsibility to provide the Company with correct credit card details, including any new card details, such as expiry dates, change in card number, or change in cardholders name. I understand that if I do not do this, and the card is unable to be processed, my account may be automatically locked (access temporarily disabled) by the Company’s system and a $10.00 Late Fee will apply to re-enable the Subscription.

(c) that all associated costs with dishonoured cheques will be charged to myself.

(d) that it is my responsibility to contact the Company if I have a problem paying the account, wish to dispute my account, or if my payment will be delayed.

Use of the Service

I, the Subscriber, agree:

(a) to regularly check my electronic mail (e-mail) service provided to me by the Company, as the Company may from time to time communicate account status and system information to me by this media.

(b) that it is my responsibility for ensuring that my computer is dialling the most appropriate number for my location, and I am aware of, and responsible for, all associated Carrier charges. I understand that this information is readily available by contacting my relevant Carrier.

(c) that I will not attempt or permit any unauthorised access to any information stored on the Company’s computer systems, or on any other persons computer system accessible through the Company’s Service.

(d) that I will not use my access to the Internet for any illegal purposes, such as spamming, hosting and distribution of pornographic material, commit a crime or facilitate the committing of a crime. Should the Company in its absolute discretion form the view that I am breaching this condition, then the Company may terminate this agreement without any prior notice.

(e) that if I permit a minor access to the Internet, it is my sole responsibility at all times to supervise their activities on the Internet.

(f) that pornographic material, offensive language and adults only material may be accessed on the Internet and I will take all appropriate precautions to prevent access to such information by minors, and will not hold the Company liable for any such information which is accessed by myself or a minor through my Subscription with the Company.

(g) that I will not attempt to Sub-licence, resell or share my service to third parties or neighbors and I understand that the following behaviour is strictly prohibited. Re-broadcasting, pirating, or sharing signal beyond the my residence is prohibited. The Company reserves the right to monitor bandwidth of each account to ensure single party usage of the connection.

(h) when using the Company’s online support or other facilities providing you with support, you acknowledge and agree that:

(i) no illegal, harassing or objectionable material will be posted to the Company’s website or emailed to the Company;

(ii) the Company may use any information posted for any reason whatsoever;

(iii) the advice provided is of a general nature only and further assistance from a suitably qualified person may be required at your own expense;

(iv) no information will be posted to our website which is intended to be a formal notice to the Company; and

(v) the Company does not warrant that our advice will resolve all problems associated with the Subscriber trying to access our Services.

Confidentiality

(a) that my password is confidential and if not kept confidential by me, then others may use my subscription at my cost and liability. I understand that I am responsible and liable for all charges incurred on my subscription whether due to my use of the subscription or by anyone else, whether authorised or not.

(b) to notify the Company immediately if I suspect any unauthorised use of my account, which I understand will result in my password being changed immediately.

Liability and Indemnity

(a) that the Company is not liable for any data, materials or information stored on my computer system or on any storage space dedicated to me on the Company's computers as part of the Company's services to me.

(b) that the Company is not liable in any way for any damage or loss suffered by me (whether direct or consequential) caused by data, materials or information that I may download or otherwise transfer from or via the Company.

(c) that the Company is not liable or responsible for any incident resulting from my inability to access the Service at any given time for any reason whatsoever.

(d) to indemnify and keep indemnified the Company from and against any claim whatsoever against the Company which might be brought on by a third party and arising in any way as a consequence of my use of the services provided to me pursuant to this agreement.

Variations of Terms and Conditions

(a) that the Company may at any time vary or change the terms and condition of the provision of their services as deemed necessary which I acknowledge I can access from the Company by phone or fax, or the Company’s World Wide Web site located at http://www.ofw.com.au/.

(b) that the Company may amend the relevant fees, charges and costs associated with my Subscription from time to time. We (the Company) will use commercially reasonable efforts to notify you of any increase in these Fees. If you do not agree to pay those increased Fees you must, within 14 days of receiving that notice from us, notify the Company in writing that you do not accept the increase. Upon receiving that notice from you, unless agreed by us, your right to use the Service will cease. If we do not receive any notices from you in accordance with this clause, and you continue to use the Service after ten (10) days from our initial notification, you agree that you are deemed to have consented to the increase in Fees.

(c) that the continued use of the service acknowledges the acceptance of these Terms and Conditions.

Terms and Termination

(a) that my Subscription automatically renews at the beginning of every month, or when the prepaid period expires, and I will be liable for payment for the renewed period.

(b) that if I wish to terminate my account that I must give the Company fourteen (14) days written notice, delivered by post, fax or email, which includes the Subscribers username, full name, address and contact telephone numbers.

(c) the Company may at any time, without reason, terminate the Contract on thirty (30) days written notice to the Subscriber, provided that the Company will refund a proportional amount of any prepaid fees.

(d) the Company may terminate the Contract immediately by notice in writing to the Subscriber if:

(i) any payment due from the Subscriber to the Company remains unpaid for a period of 7 days; or

(ii) the Subscriber provides false or misleading information in respect of the Subscribers use of the Service or in the Application Form;

(iii) in the reasonable opinion of the Company the Subscriber has or may use the Service for any unlawful or improper purpose or in a manner that may jeopardise the security in the proper operation of the Service or any part thereof;

(iv) the Subscriber, being a person, dies;

(v) the Subscriber is in breach of any of these terms and conditions, and has not remedied that breach within 14 days of receiving notice from us;

(vi) if a receiver, liquidator, or other like person is appointed over any of your undertakings or assets, or if you enter into arrangement with any of your creditors or any class of your creditors or you become insolvent or otherwise are unable to pay your debts when they fall due;

On termination, your rights to use our Services cease, and you must pay to us immediately all outstanding Fees in relation to the Services, and you are not entitled to any refund.

Force Majeure

It's impossible for the Company to ensure that all our Services will be supplied to you at all times, or any specific times, or will be able to operate at all times error-free. We make no warranties to you in this regard.

The Company will not be liable for any failure or delay to fulfil any term of this agreement where such a failure or delay is due to any reason which is beyond our control, including but not limited to fire, storm, flood, earthquake, accident, communications outages, law or regulation, or an act or omission of any third party.

Our Rights

(a) The Company may, at any time and in our absolute discretion, suspend or disconnect your access to our Services, and monitor or intercept your use of our Services, including without limitation any messages you send or receive or data you store or access using those Services if we have reasonable cause to do so.

(b) The Company may delete that data stored using the Services, in our absolute discretion, if we consider that data to be inappropriate, illegal, offensive or otherwise in breach of any law, standard, regulation or code of practice.

(c) Without limiting clause 10(a) above, we may at any time, without prior notice, suspend your use or access to part or all of our Services:

(i) for such time as is necessary to carry out any maintenance deemed necessary by us from time to time, and where possible, after giving you as much notice as is reasonably practical in the circumstances;

(ii) to reduce or prevent interference with our systems or the use of our Services by others; or

(iii) if required to do so, as a result of a direction from any government body or other authorities.

(iv) we may at our discretion change any access numbers required to gain access to our Services, and we will not be liable to you in this regard.

(d) The Subscriber acknowledges that the Company may be required to provide assistance to law enforcement agencies in respect of your acquisition or use of our Services and that you will not make any claim against us in relation to that assistance.