ADSL Terms and Conditions

Planet Ozi Ltd. (hereinafter "Planet Ozi") carries on business as an Internet service provider offering broadband ADSL as a provider of related goods and services, (“the Service”). The Customer wishes to utilise the service and Planet Ozi wishes to provide the Service to the Customer on the terms and conditions outlined herein (“the Terms”). A failure to comply with the Terms may result in either suspension of the service or termination of these Terms.

1. Period of Contract and Effective Date

Contracts for service is 6 months or otherwise stated (hereinafter referred to as the “Minimum Period”). These Terms shall commence on the date that Planet Ozi signs these Terms, unless the parties agree otherwise and continues until it is terminated in writing or by e-mail by Planet Ozi or the Customer. If during the processing period Planet Ozi determines that it cannot provide the contemplated service to the Customer because the minimum system requirements are not met, then the agreement will be null and void.

2. Nature of Service

Planet Ozi aggress to provide the Customer Internet access and related services such as File Transfer Protocol (FTP), e-mail and help desk support related to providing of the Service, as per the conditions of the Customer’s specific account type and these Terms.

Planet Ozi makes no representations about the reliability of the Service or its suitability for a particular purpose. Planet Ozi reserves the right to change, adjust or otherwise alter aspects of the Service at its sole discretion. Where possible Planet Ozi will give reasonable notice via e-mail, our web site, or any other means, of any such changes to the Service but is not required to give said notice. To best manage its resources, Planet Ozi will reduce connection speeds as outlined in Schedule A according to the Customer’s plan.

Planet Ozi reserves the right to add features to the Service and make them available to the Customer for an additional fee. Access to the additional features will be contingent upon the Customer agreeing, either in writing or verbally, to pay any additional fee. The Customer will not be charged for access to any additional features unless the Customer has agreed. Such additional features will be subject to their own conditions as notified by Planet Ozi and may be withdrawn or altered at Planet Ozi’s discretion. The terms of any such additional feature offered will override these Terms to the extent of any inconsistency.

3. Customer’s Equipment

The Customer acknowledges that in order to access the Services, the Customer must possess a Network Device (the hardware device at which the Internet connection is terminated, for example a router, hub or computer) with an appropriate Ethernet port and the power required to run it. The Customer is solely responsible for this Network Device and its operation.

The Customer further acknowledges that if the Customer's Network Device does not meet the Minimum System Requirements, the Customer will not be able to successfully access, operate or use the Service. In addition, the Customer will not be entitled to receive customer support relating to any issue other than the quality of the signal delivered to the Modem. (As used within these Terms, the term "Minimum System Requirements" means the minimum technical specifications applicable to the Customer's computer equipment required to enable the Customer to achieve maximum system functionality when connected to Planet Ozi's Services).

4. Customer’s Use of the Service

The Customer agrees that they will use the Service in a responsible manner. In particular, and without limiting this clause, the Customer agrees that when using the Service, or providing information to us in relation to the Service, the Customer will not, nor allow others to;

a. Distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice; or

b. Distribute, or provide use of any information, data, text, graphic, audio or other like material that the Customer has no right to distribute, use, or provide (for example, a third person's intellectual property rights); or

c. Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or pedophilia; or

d. Commit a crime or facilitate the committing of a crime; or

e. Engage in any activity which is in breach of, or fails to comply with, any applicable rule, regulation, standard or code of practice; or

f. Perform or facilitate the mass distribution of unsolicited advertising material or any other material (commonly referred to as ‘spam’); or

g. Use the Service, or invite or direct persons to use the Service, to access any content which it is illegal to publish; or

h. Fail to clearly identify any material which is advertising or adult only material so that third persons can make an informed decision whether to access that material or not; or

i. Fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to the Customer relating to the Service, and the Customer must change their account, identifier or password immediately on request to do so from us; or

j. Cause or help to cause the security or integrity of the Service or any other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.

The Customer agrees that where contrary to this agreement they have performed or facilitated the mass distribution of unsolicited advertising material or any other material, will end up the account been terminated by Planet Ozi. The Customer agrees that Planet Ozi will make sole determination as to whether the offending mail is deemed to be ‘spam’ or not.

The Customer agrees that they will comply with any rules imposed by any third party whose content or services they access or use, or any policy adopted by Planet Ozi and that the Customer will not use the Service in a manner which is likely to expose Planet Ozi to any liability.

The Customer acknowledges that the Australian Broadcasting Authority (ABA) may direct
Planet Ozi to prevent users who access prohibited Internet content from use of the Service. Planet Ozi may and will take any steps necessary to ensure compliance with any ABA directive or industry code of practice.

To ensure that this policy is followed Planet Ozi may monitor the content of traffic over the Service but will respect the Customer's privacy. If Planet Ozi monitors the content of a Customer's traffic, Planet Ozi will safeguard the Customer's privacy unless to do so would involve Planet Ozi in concealment of a criminal offence or inhibit the enforcement of this policy. If Planet Ozi becomes concerned that the Customer's use of the Service may break the law or that the Customer has not complied with this policy Planet Ozi will attempt to contact the Customer before taking action. Planet Ozi may terminate the Customer's account and/or notify the authorities if Planet Ozi believes that the Customer's use of the Service may break the law or that the Customer has not complied with this policy.

The Customer will not resell the service or in any way assign their rights to use the service to any third party.

5. Fees and Payment

In return for the provision of the Service, the Customer is required to pay to Planet Ozi the charges determined according to the conditions detailed for the Customer’s specific account type, as set out in the Customer’s account documentation, on the Planet Ozi web site, or as otherwise notified to the Customer by Planet Ozi. Any such conditions for specific account types form part of this Agreement.

The Customer agrees that Planet Ozi’s records constitute conclusive evidence of the Customer’s use of the Service, and that Planet Ozi is entitled to rely on those records when determining what charges the Customer may be liable for, or any other relevant issue.

The Customer must pay:
a. All charges for the Service as notified by Planet Ozi; and
b. Any applicable taxes on the charges (including but not limited to, a Goods and Services Tax) even if a third party incurs the charges using the Customer’s account.
c. For the entire term of the agreement regardless of whether the account is being used or not.

Planet Ozi may vary any terms of this Agreement including any fees, rates and charges:
a. Without notice to the Customer if the variation arises due to a change in taxation law or other governmental action; or
b. By providing commercially reasonable notice to the Customer of any other variation. The Customer’s continued use of the Service after such notice will constitute acceptance of the variation.

Planet Ozi may undertake promotions and make special offers in relation to the Service (“Promotions”). All Promotions are offered subject to their terms and may be withdrawn or altered at Planet Ozi’s discretion. The terms of a Promotion will override these Terms to the extent of any inconsistency.

The Customer agrees that if they have paid for the Service in advance and stop using the Service for any reason, they are not entitled to any refund except to the extent that Planet Ozi is required by law to give a refund. This does not limit Planet Ozi’s right to give a refund for any reason at its sole discretion.

6. Normal Charges

Set-up fees may be paid by credit card, Visa Card, Master Card and Bank Card

The payment relevant to the Customer’s account style will be direct debited from the Customer’s credit card account either 12 weekly or 4 weekly in advance according to the Customer’s chosen payment option. Traffic charges for the previous month will be incorporated into the same or additional invoice listing the advance month’s charges. The payment for the Customer’s account is due regardless of whether the Service is being used or not.

The Customer must ensure that there are sufficient funds available in their credit card or bank account to cover each payment as it becomes due. Any fees that the bank may charge the Customer due to insufficient funds are the responsibility of the Customer.

All invoices and receipts will be sent by email at no charge. The Customer may request that all paper invoices and/or receipts be posted to them. The charge for this service is $2.00 for Adminstration fees.

Planet Ozi reserves the right to disable the Customer’s account if payment cannot be processed for any reason including insufficient funds or incorrect or changed card details. No notice will be given and the account will continue to attract ongoing charges while disabled.

All payments must be made within 10 business dates of the date of the invoice. If the Customer fails to pay invoices within the due date, Planet Ozi will issue a reminder notice. If the Customer fails to pay after a reminder notice has been issued, Planet Ozi will contact the Customer directly and seek payment. Failure to pay after such steps have been taken will entitled Planet Ozi to suspend Service until payment has been received. If payment is not received with 14 days of the suspension of the Service, Planet Ozi may take any action specified under the Suspension and Termination clauses of this Agreement.

7. Suspension and Termination

Planet Ozi may suspend or terminate the Service if the Customer or any anyone using the Customer’s account breaches these Terms or Planet Ozi reasonably suspects the Customer or any user of the Customer’s account has breached these Terms. Planet Ozi may terminate Service immediately if the Customer either becomes insolvent or has a receiver, manage, administrator or liquidator appointed or appears likely to do so.

Planet Ozi may also suspend the Service, any time without notice, for any reason including but not limited to, technical reasons, network repairs, or to comply with any law or an order of an emergency service or government authority.

When Planet Ozi anticipates, or has advance knowledge of, a suspension to the Service, Planet Ozi will attempt to notify the Customer of this suspension via e-mail or any other means.

The Customer may terminate the Service by giving Planet Ozi 30 days written notice. The Customer must pay for the Service up until the end of the notice period. If the Customer has agreed to take the Service for the Minimum Period and the Customer seeks to terminate early, a pro-rated cancellation fee will apply of $75.00, calculated in accordance with the formula contained in Schedule A. And the Customer may do so on the condition that the Customer pays the Charges for the duration of the Minimum Period. The Customer authorizes Planet Ozi to debit these payments to the Customer’s credit card or bank account on receipt of a termination notice from the Customer.

The Customer may complain about the Service in writing or by calling Planet Ozi’s customer service representatives. If Planet Ozi is not able to resolve the Customer’s complaint to the Customer’s satisfaction, the Customer may refer their complaint to the independent Telecommunications Industry Ombudsman.

8. Privacy and Confidentiality

Planet Ozi may make any disclosure of your personal information that it is required to make by law.

Planet Ozi will not resell or distribute any Customer’s information from our records, which personally identifies the Customer, including the Customer’s e-mail address.

The Customer is entitled to see and correct any account information Planet Ozi holds about the Customer.

Planet Ozi may contact the Customer from time to time via e-mail and other means, to notify of:

a. Information relating to the Customer’s use of the Service;
b. Promotions that may be relevant to the Customer; or
c. Any changes to the services offered by Planet Ozi.

9. Support

Planet Ozi offers free technical and customer support with its plans via e-mail and telephone. Support e-mail will be acknowledged within 48 hours of receipt by Planet Ozi personnel.

Planet Ozi provides support services for limited modems and those recommended by Planet Ozi. ADSL Customers may provide their own modem so long as it is approved as a compatible ADSL modem by Planet Ozi support representatives. Planet Ozi may only provide limited technical and customer support to customers with modems purchased from a source other than Planet Ozi or modems not recommended for use with Planet Ozi Services.

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