Jump Internet Dial Up
User Terms & Conditions THE CONTRACT. - rev 01/05/2003
1)
Jump Internet will use its best endeavours to provide an Internet connection to
the User, however, connection and access is not guaranteed.
2)
Jump Internet will terminate its service to the User if, in Jump Internet's
judgement, the User has or is likely to - * publish, transmit or access material
that is defamatory, obscene, pornographic, in breach of copyright, confidential,
likely to harm or offend some other party or is in breach of any law or custom
of Australia.
3)
The User indemnifies Jump Internet against any claim made by any person
resulting from activities by the User that breach Clause 2.
4)
The User acknowledges that despite the prohibitions described in Clause 2 such
events may still occur and be published by other persons. The User acknowledges
Jump Internet has no liability in respect of any such events.
5)
Jump Internet has the right to terminate its service if any money due to Jump
Internet by the User is unpaid 7 days after its due date.
6)
Users paying by cash, cheque or direct deposit are required to be paid 3 months
in advance. The user will be bill in accordance with this requirement.
7)
Where payment is made by credit card or direct debit:
a) The
User gives irrevocable authority to Jump Internet during the life of the
contract to use the card or account to pay all charges due and to renew the
Users plan unless advised in writing not to do so.
b) The
User will complete and sign a Direct Debit Permission Form and abide by its
conditions.
c) The
initial payment upon joining will be of at least $20.
8)
Jump Internet is entitled to serve any notice on the User by E-mail, fax, or
post and a certificate from Jump Internet that any such notice has been sent
shall be conclusive evidence thereof.
9)
Jump Internet will not be liable to the User, or any other person, for damage
resulting from any failure to supply the service, any fault in the service or
damage to goods caused, transmitted or associated with the service and
indemnifies Jump Internet accordingly.
10)
The User must not share or otherwise part with the User's right to access the
Service. Any sharing of usage with other persons, whether by usage of the User's
password by a third person or otherwise and whether authorised by the User or
not, shall be a breach entitling Jump Internet to terminate and shall also be
subject to a 2nd usage charge, payable by the User of $4.00 per hour or part
there of. The User is responsible for payment of all charges on the account
irrespective of whether the User authorised usage of the service, the password,
or the account.
11)
The User must pay its telephone charges to access the system and must rely on
its own advice as to rates, availability and the like. The User must also
provide its own modem, computer and suitable communication software.
12)
The User may at any time, by notice in writing, terminate its agreement. Any
amount outstanding is immediately payable upon termination.
13) If
access to the service is terminated due to a breach of this agreement, non-
payment or cancellation by the User a re-connection fee of $20.00 is payable by
the User.
14)
Jump Internet will use its best endeavours to provide technical assistance and
advice from its help desk but will accept no liability for incorrect advice or
any loss or damage arising from such advice.
15)
Jump Internet allows the User 5Mb storage on its system free of charge for a
User Home Page. Space in excess of 5Mb is chargeable at 50¢ per Mb per day.
16)
E-mail addresses are limited to 1 per customer and terminate with this
agreement. Additional E-mail addresses are available at $1.00 per address per
month.
17)
COMPLAINT PROCEDURE
a) Any
complaint, whether as to service access, availability, billing or otherwise
shall be made in writing and delivered to the company within 7 days of the
complaint arising.
b) The
company then must respond to the complaint within 21 days.
c) If
the company response is not adequate the complainant must write within 14 days
of the date of the response, give the company written notice stating the
complainant's requested remedy to the complaint.
d) If
the company performs the requested remedy this action shall constitute an
absolute bar to any further action in respect of the complaint.
e) If
the company refuses to perform the remedy, then the complainant may pursue his
complaint with other bodies.
f)
Failure to comply with this complaint procedure will be actionable in law and to
the extent allowable by law will be a complete bar to any proceedings and to the
extent not allowable as a bar will result in damages of $50.00 per hour that the
company is involved in dealing with the complaint.
g) It is
agreed that legal action pursuant to any non-compliance with this clause deals
with an issue of importance to the company's business.
*ADDENDA -
Internet Access Contract :- Jump Internet
reserve the
right at our discretion and without prior arrangement, to disable or remove all
or any World Wide Web pages hosted on the Jump Internet Internet system as an
adjunct to and in compliance with Clause 2 of the Internet Access Contract and
for the removal of material of a nature that also may infringe on the ownership
rights of a third party or parties. Examples of this material would be, but not
limited to, MP3 (Motion Pictures Expert Group Layer 3), Midi (.mid, .rmi), .wav
etc. sound files, static graphic files and movie files (AVI, MOV, ASF, WMA, RA
formats etc.) and software, where no written authorisation is held by Jump
Internet Internet Service from the copyright holders/owners, for hosting these
materials on Jump Internet Internet Service's servers.
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Jump Internet
P.O.Box 880
Terrigal.
N.S.W. 2260
1300 78 JUMP
1300 78 586700
email: admin@jumpnet.com.au