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Terms and Conditions (Version 2.9)

Definitions

  • "Depot IT" is Depot IT Pty Limited. (ACN. 093 193 027).

  • The "Customer" is the individual or corporate entity subscribing to the Services or purchasing Goods provided by Depot IT.

  • The "Services" includes any access and services related to the World Wide Web known as the Internet.

  • The "Goods" are any goods, equipment, hardware or software provided by Depot IT to the Customer.

Agreement

  • By using the Services provided by Depot IT or by purchasing Goods from Depot IT the Customer agrees to be bound by these terms and conditions of use.

  • Depot IT reserves the right to modify charges and/or its Terms and Conditions with no less than 14 days notice of such changes to the Customer via email.

Censorship Policy

The following censorship policy has been established, in order to educate customers about their rights and responsibilities as they browse the Internet.

  • The World Wide Web contains a vast amount of information. Some of this information is classified by the Australian Broadcasting Authority (ABA) as being unsuitable for viewing by Australian Internet users. It is illegal for Australian Internet users to post to or visit web sites with content that depict sexual activity, child pornography, or excessive violence.

  • We feel that our customers are responsible enough to ensure that they do not post to or visit any illegal web sites and hence we do not at any time audit or review the way in which our customers use the Internet. However, customers should be aware that activity logs can be obtained by legal authorities when subpoenas or warrants are issued.

  • For more information regarding what material can be posted on the Internet, please contact the Internet Industry Association (http://www.iia.net.au/).

Privacy Policy

We respect the privacy of all our customers, and as such have adopted the following privacy policy to protect the personal information we collect from you.

  • We collect information from all customers before they commence using our services. The information collected remains confidential and will not be released without the Customerís prior consent. Personal information is collected for the purpose of identification of the person that is using the Services and to establish the individual level of service required.

  • Depot IT protects the personal information it holds from loss, unauthorised access, modification or disclosure by various means including the use of firewalls, password access, secure servers and encryption.

  • Personal information collected by Depot IT will not be sold.

  • Depot IT may provide personal information collected to:

    • third parties engaged by Depot IT solely for the purpose of performing functions on its behalf, such as processing credit card transactions, performing debt collection and sending mail outs;

    • legal authorities in response to subpoenas or warrants if illegal activity is suspected.

  • Information from visitors to the Depot IT web site may be collected. This Information remains confidential at all times, it will not be sold for marketing purposes. Nor will any attempts be made to contact visitors, unless they indicate otherwise.

Supply of Goods

  • The risk in Goods shall pass to the Customer upon pickup of the Goods from Depot IT for the purposes of delivery to the Customer.

  • All Goods remain the property of Depot IT until paid for and funds are cleared in full. The Customer shall not acquire or retain any rights, title or interest in Goods until the Customer pays to Depot IT the purchase price in full.

  • A 15% restocking fee applies on cancellation of orders unless cancelled within 1 working day of receipt of the order.

  • If the Customer has not paid for any Goods when payment falls due then Depot IT may at any time thereafter enter the Customerís premises where the Goods are reasonably expected to be located and retake possession of those goods using reasonable means without liability for trespass or any resulting damage.

  • Warranty terms on Goods are as follows:

    • Depot IT will comply with the obligations imposed on it by any manufacturerís warranties given with the Goods.

    • Warranty is void if Goods are found to be tampered with or Warranty sticker removed.

Use of the Services

  • Depot IT reserves the right to discontinue Services in its absolute discretion if the account has been or is being used for offensive activities or those considered poor net etiquette.

  • Depot IT does not guarantee uninterrupted or error free Services, and will not be liable for Services downtime and/or loss of data unless provided for under a service contract. At certain times Depot IT may need to suspend the Services to perform regular maintenance.

  • During peak periods Unlimited Accounts may suffer congestion.

  • Depot IT Internet Access Accounts are provided strictly to persons over the age of 18 years or with the consent of a parent, teacher or other responsible adult. If a Customer is found to be under the age of 18 and if consent has not been provided by a parent, teacher or other responsible adult Depot IT shall undertake to cancel all Services provided to the Customer immediately.

  • Depot IT recommends that concerned parents supervise children in their exploration of the Internet as adult material (eg nudity and pornography) is easily accessible. Please refer to the Internet Industry Association (http://www.iia.net.au/) for Information about online content.

  • The use of the Services provided by Depot IT to take part in spamming (sending unwanted email or news posts), attempting to breach security or perform network probes, or launching denial-of-service attacks (such as ping-flooding) is strictly prohibited and will result in the immediate termination of the Services to the Customer without notice.

  • The Services shall not be used by any individual or group of persons for any illegal of fraudulent activities, including activities prohibited under the Australian Commonwealth Tele-communications Act 1989 or under other applicable Australian State and Commonwealth laws. Customers shall not download and/or publish any material that would result in any breach of copyright laws or which would result in Depot IT being liable for any fees to APRA or any other person under or in connection with the Copyright Act 1968.

Domain Name Registration or Transfer

  • Where possible the Registrar-of-Record for the transfer of existing domain names and the registration of new domain names will be the auDa and ICANN accredited Domain Name Registrar, Melbourne IT Ltd.

  • Processing times for registration of domain names is 1 to 5 business days, given that sufficient and valid registrant details are provided on the application form. If further details or clarification is required, this may delay the registration process.

  • For all domain names registrable with Melbourne IT:

  • Dial Up & ADSL Services

    • Accounts require an opening payment which must be paid before the account will be set up. Opening payments are as follows:

      • Credit Card Payment: account set-up fee plus one monthís access.

      • Other Payment: account set-up fee plus three months access.

    • Access to a standard PSTN telephone service is required and ADSL Services are subject to an ADSL service qualification process.

    • All phone services and phone call costs incurred as a result of use of the Services are the responsibility of the Customer.

    • Dial up accounts provide access to the Services for only one person. The Customer will not intentionally connect to the Services more than once at the same time, if this occurs Depot IT may lock the Customer account without further notice.

    • The Customer may change account plans at the start of the calendar month. Notification of this should be received by Depot IT by the last day of the calendar month for it to apply to the next calendar month. Notice of such a change should be made via email, postal mail or by contacting the Administration Department by phone.

    Publishing Internet Content

    • Customerís providing or publishing content on the Internet are advised that Australian Internet users should be aware that placing certain content on the Internet may give rise to criminal or civil liability under applicable State, Territory or Commonwealth law.

    • Placing content on the Internet may also give rise to civil liability.

    • The following categories of Internet content are prohibited from being hosted on Depot IT servers:

      • Content which is (or would be) classified RC or X by the Classification Board. Such content includes:

        • material containing detailed instruction in crime, violence or drug use;

        • child pornography;

        • bestiality;

        • real depictions of actual sexual activity; and

        • excessively violent or sexually violent material.

      • Content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:

        • material containing excessive and/or strong violence or sexual violence;

        • material containing implied or simulated sexual activity; and

        • material which deals with issues or contains depictions which require an adult perspective.

    Email Hosting & Email Retention Policy

    • It is the Customer's responsibility to ensure that Email received by Depot IT to Depot IT servers on behalf of the Customer is downloaded in a timely manner.

    • Email received on behalf of the Customer by Depot IT shall be temporarily stored per the following guidelines:

      • The Customer may at anytime remove (permanently delete) Email stored by Depot IT on behalf of the Customer.

      • All Email that has been downloaded or copied by the Customer and has not been removed (permanently deleted) by the Customer shall be retained on Depot IT servers for a period of not less than 30 days.

      • All Email (downloaded or not) shall be retained by Depot IT for a period of not less than 365 days.

    • The Customer authorises Depot IT to remove (permanently delete) email held on behalf of the Customer outside of the above guidelines.

    Changes to Account Status

    • Depot IT reserves the right to terminate or suspend dealings with the Customer without notice due to breaches of the Terms and Conditions or should payment become overdue for any reason. The Customer will remain liable for all outstanding fees upon termination or suspension of the account and Service fees will continue to accrue whilst the account is suspended.

    • Excepting the above an account may be terminated by either party at any time. Notification of this should be made via email, postal mail or by contacting the Administration Department by phone. The account will be closed at the end of the calendar month in which the request for account termination was made.

    Fees and Charges

    • Tax Invoices, Statements and Receipts are normally sent via email only. Faxing or mailing printed statements will be charged at an additional rate of $1.00 per month if the minimum monthly amount or the invoice amount does not exceed $100.00. If an amount remains unpaid after the due date then the Customer will become liable to pay an administrative fee of $5.00 per month.

    • In addition if an amount remains unpaid after the due date then the Customer will become liable to pay interest on that amount until it is paid in full. The rate of interest is the Reserve Bankís Official Cash Rate plus 6%.

    • Depot IT may choose to waive the additional fees and charges in its absolute discretion.

    Payments

    • Payment terms are strictly per Tax Invoices sent to the Customer and payment must be made on or before the due date.

    • If credit card details have been supplied for billing purposes, this is taken as permission to bill this card for any money owing to Depot IT. Customers who supply credit card details will have payment automatically deducted from the nominated card on or after the due date of the Tax Invoice.

    • Depot IT may offset amounts owed by the Customer against amounts paid in advance by the Customer. Accounts with monthly charges incur charges whether or not the account is used during that month.

    • Any unused portions of prepayments are refundable to the Customer upon termination of the account.

    • The Customer shall pay the reasonable expenses incurred by Depot IT in the recovery of funds owing, including but not limited to costs for serving notices and demands, collection agency fees, attorney fees and court costs.

    Severability

    • If any provision or part of a provision of the Terms and Conditions of this Agreement is held to be unenforceable, invalid or at conflict with the law of any relevant jurisdiction, then any part so held shall be read down to the minimum extent necessary to render it enforceable and valid and if incapable of being read down it shall be severed and the remainder of the Terms and Conditions will remain in full force and effect.

    Law

    • This Agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.

    • The use of the Goods and Services is at the Customer's own risk. Depot IT will not be held liable for any consequential loss or damage arising from the use or inability to use any of its Goods or Services.

    Dispute Resolution

    • The parties agree to use their best efforts to resolve any dispute that may arise under the Agreement through good faith negotiations. Failing this any other actions may be taken as accorded under law.