1. OUR AGREEMENT WITH YOU
Better Telecom Pty Ltd (Telecommunications) INTERNET TERMS AND CONDITIONS
Better Telecom PTY LTD, ACN 638 692 181 will supply you with telecommunications services ("Services") on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.
1.1 As a customer of Better Telecom the terms and conditions form the basis of our agreement.
2. DATA & INTERNET SERVICE DESCRIPTION
1.2 Our agreement with you also includes your application or order form which you complete and provide to us. We may accept and rely on facsimile copy of the application or order form as if it was an original. You will be bound by a facsimile copy of the application or order form as if it was an original.
1.3 Our agreement with you also includes our currently applicable price list. The price list may change from time to time, but we will notify you of any changes when they happen. Copies of the price list are available from us, upon request.
1.4 This agreement will commence on the date of its signing by us.
1.5 You must take the Data & Internet Services for the Minimum Term of 12 months unless otherwise specified in your Application/Rate sheets.
1.6 The Minimum Term commences when:
(a) if you are arranging for self installation of the required equipment and:
(i) you supply the required equipment yourself, on the date we activate your Data & Internet Services; or
(ii) if we supply you with the required equipment, on the date of delivery of the required equipment; or
(b) if we are installing equipment for you and:
(i) the equipment is being installed at a single Site, the date that we install the equipment at the Site; or
(ii) the equipment is being installed at multiple Sites, the date we install the equipment at the second Site.
1.7 Subject to earlier termination, this agreement will continue on a month to month basis after the initial contracted term and requires 30 days notice before cancellation or change of service providers.
1.8 By using the service you agree to comply with the terms of our Acceptable Internet Usage Policy which can be found at www.BetterTelecom.com.au
2.1 Data & Internet Services will be supplied to you through the carriers or networks ("Carriers") that we nominate. You agree that we -
3. CHARGES AND PAYMENT
(a) may change Carriers without reference to you and at any time; and
(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
2.2 We will provide the Data & Internet Services to you, as specified in your Application, when your accounts are transferred from your current Supplier to us and upon completion of installation of any necessary equipment and any other arrangements with another Supplier for the provision of the Data & Internet Services have been completed or when your account with us has been established.
2.3 We will provide the required Data & Internet Services subject to availability, geographical and technical capability, lack of capacity and faults in other telecommunications networks to which the Data & Internet Service is connected. There may also be times when maintenance being performed on the services limits availability. We are not obliged to provide you with Data & Internet Services where capacity, geography or technical capability, affect the application or installation of the service to your premises.
2.4 We do not warrant that the Data & Internet Services will be free of interruption, delays or faults.
2.5 We do not warrant that we will be able to supply Data & Internet Services and we are not liable for any failure to provide all or part of any of the Data & Internet Services, but, to the extent and to the standard that Carriers provide Data & Internet Services to us, those Data & Internet Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Data & Internet Services to you as soon as we can.
2.6 We are not obliged to provide Data & Internet Services to you if the physical infrastructure or Site does not pass service qualification by our Supplier or if it is found to be unsuitable as a result of a feasibility study.
2.7 When using the Data & Internet Services, you agree to -
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person's rights or otherwise cause us or a Carrier loss, liability or expense.
2.8 Our obligations to provide the Data & Internet Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those Data & Internet Services. You agree that we do not supply a 'standard telephone service' (for the purposes of the Act) under the Data & Internet Terms & Conditions with the Internet access component and as such the Data & Internet Services are not subject to the customer service guarantee standard administered by the ACMA.
3.1 You agree during the term of this agreement:
4. AMENDMENTS TO TERMS AND CONDITIONS
(a) to be charged for the Data & Internet Services we provide to you, regardless of whether it is you who uses them, at our current prices from time to time;
(b) as our charges are exclusive of any taxes, that we can pass on to you the full amount of any taxes payable on the charges and GST; and
(c) to pay accounts on a 14 day invoice for all of those charges (including taxes) by the date specified in the account ("Due Date").
(d) by paying for the invoice you accept all charges are true and correct.
3.2 The charges applicable to the Data & Internet Services are specified in the Better Telecom Rate Sheets and your Application.
3.3 The Monthly Recurring Service Charge is payable in advance. In addition, you will be charged in arrears for your usage of the Data & Internet Services in accordance with the charges specified in your Application and the Better Telecom Rate Sheets. Your usage of the Data & Internet Services will be calculated based on the data downloaded, unless your Application states otherwise.
3.4 The first and last month's Monthly Recurring Service Charges will be pro-rated based on the number of days of service supply in the relevant month.
3.5 If you dispute in good faith an amount in the account, you must notify us in writing within fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the undisputed amount of each account by the Due Date. Account disputes can only be investigated up to 6 months.
3.6 If you do not pay the account by the Due Date, then we may charge an administration fee of $15 per month or $15 + 5% (on amounts exceeding $100) of the outstanding amount of the invoice and suspend all or part of your Data & Internet Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 9.
3.7 If you direct us to transfer any of the Data & Internet Services to another supplier, you will pay to us on receipt of an account immediately within 24 hours -
(a) all of our accounts up until the time we stop providing the Data & Internet Services; and
(b) all other proper charges that we become aware of after the date of transfer that relate to the Data & Internet Services we provided to you.
3.8 If account is paid in any way in part or whole by ways other than cash (in Australian dollars), then Better Telecom reserves the right to change this form of payment to 100% cash in Australian dollars without notice.
3.9 We may increase or reduce any of the charges applicable to the Data & Internet Services at any time by giving you at least 30 days notice.
3.10 If you choose to transfer the ownership of any Data & Internet Services to another party you must:
(a) ensure the appropriate Better Telecom paperwork is signed by both parties.
(b) pay for all charges prior to the transfer of ownership.
(c) ensure the new owner agrees to accept ownership of the new Data & Internet Services.
3.11 If at any time we disconnect or suspend any of your services, a reconnection fee will be charged for each Data & Internet Service. Re-connection of services may take up to 21 working days.
3.12 We may pass on the cost of merchant fees incurred from credit card payments.
3.13 We may charge a $3.30 handling fee for invoices sent by post.
Better Telecom may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Data & Internet Services after that date as constituting your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.
5. USE OF INFORMATION AND THE PRIVACY ACT 1988
You agree to provide us with any information we request in connection with our providing the Data & Internet Services to you under this agreement and hereby authorise us to use information provided by you as set out below, subject to the provisions of the Privacy Act, 1988, the Telecommunications Act, 1997 and any other applicable act or mandatory code of practice:
5.1 You authorise and consent to the following:
6. TRANSFER OF DATA & INTERNET SERVICES
(a) our conducting a physical audit of the Data & Internet Services and any equipment supplied in respect of the Services should we consider it necessary;
(b) our exchanging with Carriers all information about you and the Data & Internet Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;
(c) the Carrier exchanging with us any information in the Carrier's possession or under its control in relation to the Data & Internet Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and
(d) ours and the Carrier's use of the information referred to in paragraphs (b) and (c) of this clause.
(e) our obtaining from a credit reporting agency a credit report containing personal credit information about you in relation to commercial credit provided by us.
(f) our obtaining personal information about you from other credit providers, whose names you provided for Better Telecom Pty Ltd or that may be named in a credit report, for the purpose of assessing your application for commercial credit made to us.
(g) our obtaining a consumer credit report about you from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by you.
(h) our providing any information about you to any law enforcement agency as required or authorised by statute or regulation.
(i) our refusing to provide you with information we hold about you where to do so would in the case of personal information would pose a serious and imminent threat to the life or health of any individual; providing access would have an unreasonable impact upon the privacy of other individuals; the request for access is frivolous or vexatious; the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; providing access would be unlawful; denying access is required or authorised by or under law; providing access would be likely to prejudice an investigation of possible unlawful activity; providing access would be likely to prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; the enforcement of laws relating to the confiscation of the proceeds of crime; the protection of the public revenue; the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.1 When you transfer any services ("Transferred Services") from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of signing this agreement ("Current Supplier") to us, you authorise us to sign on your behalf and in your name any forms required by the Current Supplier to transfer the Transferred Services as we direct.
7. SHIFTS, MOVES & UPGRADES OF DATA & INTERNET SERVICES
6.2 You agree to immediately pay to the Current Supplier any amounts owing for the Transferred Services up to the date of the transfer.
7.1 If you request your Data & Internet Services to be moved to a new address at any time, the set up fee will be payable to relocate your service. If Data & Internet Services cannot be provided at your new address, we may terminate this standard customer agreement by notice to you.
8. LIMIT ON LIABILITY
7.2 Upgrades of a service can be performed without penalty if the service is changing to a higher speed on the same grade/type of service.
7.3 If you request your Data & Internet Services to be moved to a new address and the services cannot be provided at the new address, you will still be required to pay any applicable early termination charges as part of your agreement.
8.1 We do not exclude or limit -
9. TERM OF AGREEMENT
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard the consequences of the act or omission).
8.2 Except where clause 8.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement, including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
8.3 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
8.4 We are not liable to you for any delay in the connection or failure in the operation of the Services which are beyond our control
8.5 You indemnify us from all liability (including third party) arising from the following:
(a) disruption in PSTN services;
(b) cancellation of any Data & Internet Service;
(c) suspension of any Data & Internet Service, particularly IP addresses; and (d) cancellation of, or refusal to provide, all incompatible telephony services.
9.1 You must take the Data & Internet Services for the Minimum Term of 12 months unless otherwise specified in your Application/Rate sheets.
10. SERVICE LEVELS
9.2 This agreement will automatically renew for another 12 months if notice is not provided 30 days before the end of this period. Early termination fees will apply for each consecutive 12 month period you continue to use the Data & Internet Services after the initial 12 month period.
9.3 We may immediately terminate this agreement by written notice at any time if, without our prior written consent:
(a) you breach any term or condition of this agreement;
(b) a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; or there is a material change in your direct or indirect ownership or control.
9.4 We may also immediately terminate your Data & Internet Services at any time by written notice
(a) if the Carriers cease to provide necessary Data & Internet Services to us.
(b) if you cease receiving a standard telephony service that we rely upon to provide your service;
(c) if Data & Internet Service cannot be provided at your new address
(d) if any of our or our Supplier's Data & Internet Services Related Equipment is lost, stolen or substantially destroyed;
(e) if the physical infrastructure for your service does not pass service qualification by our Supplier or if it is found to be unsuitable as a result of feasibility study.
9.5 If we terminate this standard customer agreement under clauses 9.1 & 9.2 or you terminate this standard customer agreement you must pay to us within seven days of our demand, an amount equal to the total of:
(a) all outstanding charges payable to us under this standard customer agreement up to the date of termination and any duty payable; and
(i) any costs incurred by us in repossessing our or our Supplier's Data & Internet Services Related Equipment and making repairs that we think necessary;
(ii) if we are not able to repossess such Data & Internet Services Related Equipment, an amount equivalent to: (A) our then current installation & purchase fees for that equipment as specified in our Rate Sheets; (B) any costs incurred by us in attempting to repossess such Data & Internet Services Related Equipment; and (C) any interest payable.
9.6 You agree to pay for all Data & Internet Services utilised in this agreement. If any funds are left outstanding the company director/s and/or person's signing application form will be held personally liable.
9.7If we terminate this agreement in accordance with clause 9.1 & 9.2 and supply you services other than through us, you acknowledge that -
(i) the Carrier may not be able to make those arrangements immediately; and
(ii) once the Carrier has made arrangements, the Data & Internet Services acquired by you from the Carrier will be acquired on the Carrier's then current tariffs and terms and conditions and the Carrier will bill you accordingly.
9.8 If we terminate this standard customer agreement in accordance with clauses 9.1 & 9.2 you agree to pay:
(a) all outstanding charges payable to us under this standard customer agreement up to the date of termination;
(b) the Monthly Recurring Service Charge that would have been payable during the period from the date of termination to the end of the Minimum Services Term. You agree that the Services Early Termination Charge is a genuine pre-estimate of the actual loss which would be experienced by us as a result of early cancellation of the Data & Internet Services;
(c) any duty payable on the amounts payable; and
(i) any costs incurred by us in repossessing our or our Supplier's Data & Internet Services Related Equipment and making repairs that we think necessary; or
(ii) if we are not able to repossess such Data & Internet Services Related Equipment, an amount equivalent to: (A) our then current installation fees for that equipment as specified in our Rate Sheets; (B) any costs incurred by us in attempting to repossess such Data & Internet Services Related Equipment; and (C) any interest payable.
9.9 Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.
10.1 Service Levels may apply to the Data & Internet Services that you have specified in your Application. If Service Levels apply, then they will be referred to in your Application.
11. DISPUTE RESOLUTION
11.1 If you have a complaint or dispute with us, you must notify us of your complaint or dispute and we will deal with it in accordance with our internal complaint handling guidelines. A copy of our internal complaint handling guidelines is available upon request.
12.1 Except for Software provided as part of the Data & Internet Services Related Equipment, or Maintenance, we will not provide you with any Other Software in order to access and use the Data & Internet Services, Rental Equipment, or Purchase Equipment.
13. OUR EQUIPMENT
12.2 We will not provide support on any Other Software and in our absolute discretion we may charge you an additional fee to install Other Software (if required).
13.1 Risk in any equipment provided by us, our suppliers or any third party to you for purchase or hire ("Equipment") passes to you upon delivery. You will accept any Equipment on the basis of these Terms and Conditions and any additional terms and conditions notified at the time of delivery.
13.2 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under this agreement and the cost of such Equipment have been paid in full. Until title passes to you, the Equipment will be held by you as bailee for us.
13.3 On the termination of this agreement for any reason, you will immediately return all Equipment owned by us or make it available for our collection.
13.4Where you have other Internet & Data equipment, you must ensure that it is programmed as we specify.
14.1 You are responsible for all costs of delivery and installation and for preparing the Site for installation. Our cost of installation may vary from the quotation price once we have physically inspected the Site.
15. YOUR OBLIGATIONS IN RELATION TO DATA & INTERNET SERVICES EQUIPMENT
14.2 If we are installing your Data & Internet Service Related Equipment, you must provide us or our Suppliers with reasonable access to your premises during Business Hours unless otherwise stated in your Application. We reserve the right to charge you if we or our Supplier are unable to obtain access to your premises at the agreed appointment time.
14.3 You are responsible for all additional installation service charges where the work required on Site is greater than two hours unless otherwise stated in your Application. The installation charge is payable on commencement of the Service (pro rated where the network is delivered to you in stages).
14.4 You acknowledge that installation of the Data & Internet Services may cause temporary disruption to your standard telephony services.
14.5 Changes to the configuration of the equipment not requiring a Site visit that are requested more than 10 days after the order is recognised as received by us will be subject to a configuration charge. Configuration changes requiring a Site visit will be subject to a standard or regional installation fee
14.6 We will use reasonable endeavours to configure the equipment such that it works with your network based on the information supplied by you about your network. We will also endeavour to provide telephone support to assist you where possible. However, as there are many possible network configurations, we cannot guarantee the Data & Internet Services will work in conjunction with your network, modem and/or router. Local network configuration remains your responsibility.
14.7 Telephone line configuration changes are only available for our supported modems and routers.
14.8 Changes made by you to the supplied configuration of the equipment are at your risk and will not be supported by us.
15.1 If you supply your own Data & Internet Services Equipment you must ensure:
16. FAULT REPORTING AND MAINTENANCE
(a) the equipment is Austel approved.
(b) is in good working order sufficient with Austel requirements.
15.2Where Data & Internet Services Equipment is supplied you must:
(a) arrange for the Data & Internet Services Related Equipment to be properly serviced so that it is at all times in good working condition and remains subject to any applicable warranty;
(b) comply with the manufacturer's instructions relating to the Data & Internet Services Related Equipment and its use, including the supply of suitable power and environment;
(c) comply with all laws and regulations relating to the Data & Internet Services Related Equipment, the use or possession of it, or any premises on which it is situated;
(d) keep the Data & Internet Services Related Equipment at the Site address indicated in your Application, or at such other place as we approve in writing;
(e) produce the Data & Internet Services Related Equipment for inspection, testing, repair, modification, change, replacement and/ or removal by us, or a person approved by us, at our request, and for this purpose allow us access to any premises where the Data & Internet Services Related Equipment is kept. If you do not own the premises, you must obtain the owner's permission for access and warrant to us that you have such permission. You indemnify us, or a person approved by us, against a claim by the owner of the premises in relation to such entry on the premises. If you do not provide access as we reasonably request, which must be during Business Hours, we may limit, suspend or cancel the Data & Internet Services. We may also charge you should we, or our Supplier not be able to obtain access to your premises at the agreed appointment time;
(f) disconnect and remove the Data & Internet Services Related Equipment on the expiration or termination of this standard customer agreement, or the termination of the relevant agreement between us and our Suppliers or on the expiration or termination of any agreement necessary for us to provide the Data & Internet Services or the Data & Internet Services Related Equipment, whether or not we are a party to that agreement;
(g) keep the Data & Internet Services Related Equipment under your control or the control of your employees;
(h) notify us immediately in writing if the Data & Internet Services Related Equipment is lost, stolen or damaged or any person asserts any rights to the Data & Internet Services Related Equipment; and
(i) notify us immediately of any power outage, loss or failure that may affect your Service with us.
15.3 You must not:
(a) change the Data & Internet Services Related Equipment, make any addition to it or install anything with it without our written consent.
(b) use the Data & Internet Services Related Equipment for any purpose which is unlawful or might endanger the safety or condition of the Data & Internet Services Related Equipment or prejudice our interest in it;
15.4 Insurance: You must:
(a) insure the Data & Internet Services Related Equipment and keep it insured for its full insurable value under an all risks insurance policy;
(b) take out and maintain an adequate level of public risk liability insurance in relation to the Data & Internet Services Related Equipment and its use;
(c) take out each insurance policy with a reputable insurer in your and our joint names for our respective rights and interests;
(d) punctually pay all premiums on each insurance policy and not prejudice any policy;
(e) if we request, provide us with adequate evidence of the insurance policies; and
(f) irrevocably authorise us to receive all money payable under the insurance policies, or payable by any person for damage to or loss of the Data & Internet Services Related Equipment or any injury, death, damage or loss caused by the Data & Internet Services Related Equipment or its use.
(a) If the Data & Internet Services Related Equipment is lost, stolen or substantially destroyed you must notify us immediately and we may terminate this standard customer agreement by notice to you.
(b) If the Data & Internet Services Related Equipment breaks down, is defective or damaged, lost, stolen or substantially destroyed, you agree you have no right or claim to set-off or withhold rent or other money.
16.1 If we have a Service Level agreement with you then the Service Level nominated in your Application applies and details of such Service Levels are available on teleMatess website at www.BetterTelecom.com.au. You should notify any faults regarding your Data & Internet Services to our help desk, the contact number for which is located on your invoice and on our website.
17. DISPUTE RESOLUTION
16.2 Before reporting a fault to us, you should ensure that the fault is not due to hardware, software or networks that are not being managed by us. We reserve the right to charge you our standard on-site visit fee if no fault is found.
16.3 We are:
(a) responsible for correcting faults in the Services and you must provide all necessary assistance to enable us to locate and repair any fault which is our responsibility;
(b) not responsible for any fault which is on your side of the network termination point; and
(c) not responsible for any fault which is within the network of a Supplier and we will notify that Supplier of the fault and request that the fault be corrected promptly.
16.4 If we request, you must provide us or our Suppliers with reasonable access to your premises during the hours of 9am - 5pm, Monday to Friday (excluding public holidays) or if Service Levels apply to your Data & Internet Service, at the times specified in the Service Levels.
16.5 We reserve the right to charge you, if we or our Supplier are unable to obtain access to your premises at the agreed appointment time. A charge may be due where line fault requires an on-site visit to rectify.
16.6 You are responsible for the supply and maintenance of any additional hardware required to make the Data & Internet Services operational as a result of incompatible services being used.
17.1 If you have a complaint or dispute with us, you must notify us of your complaint or dispute and we will deal with it in accordance with our internal complaint handling guidelines. A copy of our internal complaint handling guidelines is available at www.BetterTelecom.com.au
18.1 Any notice, demand, consent or other communication required to be given to either party must:
DATA & INTERNET SERVICES ACCEPTABLE USE POLICY
(a) be delivered personally or sent by prepaid mail, email or by facsimile to the address of the other as last notified.
(b) be in a form successfully used in the past to establish communication.
18.2 Clauses 2.8, 3.7, 5, 8, 13 and 15 shall survive the expiration or termination of this agreement.
18.3 This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
18.4 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.
18.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
The purpose of this Policy is to ensure that you understand that you must use the Services in a way which does not: breach any laws, hinder the efficient operation of the Better Telecom Data & Internet Services network, or interfere with the rights of other Customers and more generally users of the internet.
We may from time to time amend this Usage Policy. Your use of our Services after any amendments or revisions have been posted on our website will constitute your acceptance of the amended Usage Policy.
1. By using the Data & Internet Services of Better Telecom you agree to the terms set out in this Data & Internet Services Acceptable Use Policy.
2. ANTIVIRUS: You must:
(a) use an antivirus program on all Data & Internet Services equipment;
(b) run regular virus scans of your Data & Internet Services equipment;
(c) ensure the latest virus update is loaded on your Data & Internet Services equipment;
(d) disconnect any equipment immediately from the network upon detection of a virus on your Data & Internet Services Equipment;
3. You are also responsible for ensuring you have the appropriate mechanisms or procedures in place to protect your hardware and software from unauthorised usage.
4. Use of the Data & Internet Services is entirely your responsibility and at your own risk. This includes but is not limited to content in or on emails, chat rooms, discussion groups, discussion forums, instant messaging and web pages.
5. You must:
(a) Use our Services in a manner which complies with all relevant laws, whether Federal, State or International;
(b) Be solely responsible for disseminating or posting content through the Services or publishing on the web pages of your site, including obtaining legal permission to use any works included in such content and/or web pages;
(c) Respect the legal protection afforded by copyright, trade mark, patent and other laws protecting intellectual property rights in material, including content and software applications, accessible through the Internet;
(d) Respect the privacy of others; and
(e) Use our Services in a manner which does not interfere with or disrupt our Services or other Internet users.
(f) Not use our services in an excessive manner.
6. You must not use our Data & Internet Services to:
(a) Violate anyone's copyright or intellectual property rights;
(b) Publish or transmit defamatory, obscene, threatening, abusive or offensive material or content which breaches the ratings of the Classification Board;
(c) Facilitate or engage in "spamming" which we regard as unsolicited broadcast or commercial email sent to recipients who do not affirmatively and verifiably request the material;
(d) Create or propagate Internet viruses, worms and other types of malicious programs;
(e) Facilitate or engage in "Hacking" which we regard as including gaining illegal or unauthorised access to any computers, accounts or networks accessible through the internet;
(f) Misrepresent transmission information by forging, deleting or altering message headers, return mail information and/or Internet Protocol addresses in order to conceal or misidentify the origin of a message;
(g) Interfere with, disrupt or threaten to interfere with or disrupt our Services and/or the ability of our customers or any of them to use the Services; or
(h) Breach any relevant law, Federal, State or International.
7. You agree:
(a) Better Telecom does not exercise any direct supervision or control whatsoever of content and software transmitted through our network or hosted on our infrastructure.
(b) Better Telecom does not monitor your Internet usage.
8. You agree if Better Telecom becomes aware of any breach or threatened breach of this Data & Internet Services Usage Policy, we may take whatever action we deem necessary, in our sole discretion and without notice to you, to correct such breach or threatened breach, including:
(a) Shutting down a website;
(b) Suspending or denying access to the Services or to the Internet on a temporary or permanent basis; and/or
(c) Deleting or removing content or software stored on our infrastructure.
(d) In certain circumstances we can be required to remove content from our network infrastructure by third parties, including on receipt of a Take Down Notice under the Copyright Act of 1968 (as amended)(Commonwealth of Australia).
(e) In all cases you will indemnify us against, and we will not be held liable for, any loss or damage which you may suffer through the suspension, unavailability or removal of the Services or which we may suffer where your use of the services causes loss or damage to a third party.
9.1 Better Telecom agrees to comply with all requirements of privacy as detailed in clause 5 of the Data & Internet Services Terms and Conditions.
9.2 You agree Better Telecom may disclose information relating to you and your use of the Services, including website activity and Internet transmissions, in order to comply with any court order, subpoena, summons, discovery request or order made by any competent court or any warrant or request of any authorised government agency.
10. You indemnify Better Telecom Pty Ltd against any investigations, legal action or proceedings as a result of your Data & Internet Services usage.
11. Better Telecom reserves the right to investigate suspected violations of this Usage Policy, including the gathering of information from users involved and from complainants, as well as examination of materials and content which may have been stored on or transmitted through our network. In investigating breaches of this Policy, you authorise us to cooperate with law enforcement authorities and other regulators as well as other systems administrators at other Internet and carriage service providers.
If you provide content on your Data & Internet Services you must:
(a) ensure the content does not infringe on any copyright, trade mark, patent and other laws protecting intellectual property rights.
(b) comply with the requirements of the ACMA in relation to:
(i) restricting access to minors from content with an R rating classification
(ii) not providing content with a Refused Classification (RC) or X Classification
(c) ensure the content is virus free
13. You must not provide a minor with access to the Data & Internet Services without the supervision of an adult.
14. You must not on-sell any of the Internet Services to any person unless the Internet Services are provided by us for that purpose and the specific terms and conditions relating to that service provide in writing for the on-sale of the Internet Service.