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By subscribing to, or using iZIP services, you are subject to and agree to the following Terms & Conditions in addition to those provided upon your application:
1. Some Things You Should Know
1.1 Technical support is available 7 days a week. Technical support can be provided via email, internet chat or telephone. The medium used for technical support is to the discretion of iZIP. Technical support can be requested 24 hours a day via means of email or the provided internet chat details.
1.2 "iZIP", "our", "we" or "us", refers to iZIP ABN, (Australian Business Number) 78 710 747 365 and "system" refers to any device, computer, network or other used by us to supply and provide your service(s). "you" or "your" refers to you and / or your company, our customer.
1.3 Although we may keep records about your use of our services and you, we respect your privacy at all times. We will not disclose your personal information or any other of your information to a third party unless we suspect unlawful activity is occurring and we report that and disclose information to legal authorities or we have to comply with a court order demanding your details or information.
1.4 You indemnify us for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage and or injury) arising from your use of our services.
1.5 You indemnify us for any inability to provide services which are beyond our control, as we cannot guarantee that any service will be available at any given time or that any files, information or services will be error free or fault free.
1.6 If we don't enforce all or any parts of this agreement, you should not interpret this, as a variation of this agreement.
1.7 You are responsible for paying us, for all services used under your account and name including without limitation excess usages.
1.8 If you make a complaint about our service(s), it will be carefully investigated and resolved within a reasonable time as relevant to the complaint.
1.9 You are responsible for making sure you comply with our Terms & Conditions of service.
1.10 Security of your information and account is your responsibility and you must not disclose any confidential details including without limitation any usernames logons passwords and or connection details.
1.11 You are not allowed to resell this service or assign or transfer this agreement to another person or corporation.
1.12 You are responsible for providing any equipment necessary for you to connect and access our service(s).
1.13 You may not place, store or relay software or information on our system which is unlawful or is disruptive to our system or that of the systems of our suppliers.
1.14 You are responsible for any data, files, content or directories you place on our Web Hosting servers and you must make sure that it does not infringe any copyright, trademark, patent or proprietary rights of others, and is not libelous, illegal, harmful, defamatory, pornographic, adult orientated, harassing, abusive, or threaten anyone.
1.15 We perform regular backups, however it is your responsibility to perform and maintain backups of your own files and data including without limitation if data is created and stored by a staff member subcontractor and or iZIP on your behalf.
1.16 You will not hold responsible or liable including without limitation us, a representative, employee, subcontractor and or any other related associate for any loss or losses including without limitation business, work, income, profit, reputation, life, limb or other which may result from including without limitation failure of product, service, system, and or other.
1.17 This agreement is governed by the laws in the state of Queensland, Australia.
1.18 Any application or authority forms that you may need to submit or sign digitally or physically forms part of these Terms & Conditions of service.
1.19 If you do not accept our Terms & Conditions of service, you should not and are not permitted to use our services for any reason under any circumstance.
2. Information About our Plans & Pricing
2.1 Your services are provided on a monthly basis (month to month) without any fixed term contracts unless otherwise specified and agreed upon. Any payments not invoiced or charged that are made in advance will be accepted and imply that you wish to increase your contract period or start a contract period for a period calculated using your current monthly rate. Any money paid in advance will not be refunded if you change your mind about wanting or needing that service. Any money in credit may not be used or assumed to be used for any service unless stated and agreed upon by iZIP. Any money in credit may be refunded at the discretion of iZIP as a release of the contract.
2.2 You will be charged monthly access charges and relevant service charges as per the rates agreed upon when subscribing to our service(s) and unused data or other limited quota do not carry over to the next month.
2.3 You are charged on a per hour basis for any technical support with the exception of arranged and agreed technical support for your service(s) including but not limited to web hosting, broadband, dialup, internet services, and you are charged on a per megabyte or quota measurement for all excess usage fees for services including but not limited to web hosting, broadband, dialup, internet services.
2.4 We will endeavour to provide you with at least 30 days notice of any changes that may affect your service.
2.5 Promotional plans, may be subject to special conditions as per the iZIP website.
3. Payment and Service Terms
3.1 Payment method is via Credit Card, Direct Deposit, PayPal, Cheque, Money Order, Direct Debit or Cash as authorised by us with strict payment terms, designed and implemented to minimise bad debts.
3.2 Your service(s) will be billed on the set renewal day of each month as notified to you and obtainable from the members area.
3.3 Your payment must be received no later than the 7 days after the set renewal day of each month as notified to you and obtainable from the members area.
3.4 Your Services and known charges are billed in advance and your excess usage, excess data and call charges are billed in arrears.
3.5 Your Credit Card will be billed by EziDebit, the same name that will appear on your Credit Card statement.
3.6 First Payment Notice: Is sent via e-mail, post or other appropriate medium of delivery to the e-mail address or other specified contact details you have provided to us as agreed upon by us on the set renewal day of each month or nearest available time and the medium of delivery is at the discretion of iZIP.
3.7 Payment Reminder: Is sent via e-mail, post or other appropriate medium of delivery to the e-mail address or other specified contact details you have provided to us as agreed upon by us 3 days after the set renewal day of each month or nearest available time and the medium of delivery is at the discretion of iZIP.
3.8 Final Payment Notice: Is sent via e-mail, post or other appropriate medium of delivery to the e-mail address or other specified contact details you have provided to us as agreed upon by us 6 days after the set day of each month or nearest available time and the medium of delivery is at the discretion of iZIP.
3.9 If you request that a paper invoice be posted or faxed to you, we will charge your account $12.00 each time with the addition of any certified, express or fast delivery if required and the choice of delivery and the medium of delivery is at the discretion of iZIP.
3.10 You must regularly check the E-mail address and other contact method(s) you have provided to us as agreed upon by us, or in the Members Area of the iZIP website, for important notices from iZIP, as all notices are deemed to have been sent by iZIP when date stamped by our sending mail server and or posted to you.
3.11 If you dispute an individual amount on your charges, you must pay the undisputed amount and the amount you are disputing will be investigated and resolved before your next account falls due.
3.12 If your account is not paid by the due date, we may suspend or disconnect your service(s), hold or sell any of your equipment that we have on our site or sites without further notice and you may be charged a $35.00 re-connection fee or in the case of technical services or sales a $60.00 non-payment fee followed by a $15.00 per month late payment fee for each month that payment is due and not paid and you will also have to pay any and all early termination fees. We may instruct a debt collection agency to recover any money you owe us.
3.13 If you close your service with us, you must provide us with at least 30 days written notice via letter or fax which is to be acknowledged by us. If acknowledgement is not received from us then your notice was not received by us, and it is your responsibility to pursue acknowledgement of any such attempt to provide notice.
3.14 If you close your service with us, you must immediately pay any and all outstanding debts and money owing on all services that have been supplied by us including without limitation early termination fees, disconnection fees, administration fees, services that you are continuing with us and or other and it is your responsibility to ensure that payment is made and received by us within 7 days of your acknowledgement of any such attempt to provide notice.
3.15 Your service(s) may be terminated immediately, if you breach any of our Terms & Conditions and you are personally liable for any money owing to us even if you have signed the application on behalf of a corporation, business or other party. In the event that your service(s) are terminated by us no money that you are in credit will be refunded apart from that of your security deposit if your security deposit is not used or partially used toward any unpaid service(s).
3.16 Any and all digital services including without limitation programming, graphic design, web design and scripting work, hosting service(s) and or internet access service(s) that are not paid for in advance require that the last months fee be held from you by us to cover your last month of service and the appropriate fee will be applied to your account for the last month of service.
3.17 Any and all digital service(s) are payable as the work progresses and requires a security deposit of $160.00 from you to be held by us until the work is completed or terminated. Upon completion or termination of such work the security deposit will be credited to your account or the applicable full or remaining amount will be refunded back to you. No work will be released to you until finalisation of the account.
3.18 You are not permitted to use any iZIP service including without limitation download, upload, store, convey, transmit, retransmit, mail or relay to perform or be a part of any illegal activities including without limitation copyright infringement, file sharing of copyrighted materials or similar, spam, blackmail, fraud and extortion. Any user found breaching this clause may be subjected to including without limitation termination or suspension of services and reporting of behaviour to the authorities.
3.19 If you use obscene language, abuse, threaten or harass any ISP staff member in person, via the telephone, fax or e-mail your services may be terminated immediately and where applicable your early termination fee or remainder of your contract is to be paid in full by you.
3.20 If a complaint is made against iZIP to the TIO, (Telecommunications Industry Ombudsman), by you which is found by the TIO or iZIP to be including without limitation incorrect, false, fabricated iZIP will charge you for the full amount iZIP has been charged by the TIO with an additional $60 administration fee.
4. DSL Specific
4.1 All DSL plans incur a once off setup fee as displayed on the www.izip.com.au website at the time of ordering or at the time of provisioning as determined by iZIP.
4.2 All DSL service churns / rapid transfers incur a churn fee as displayed on the www.izip.com.au website at the time of ordering or at the time of churn completion as determined by iZIP.
4.3 All DSL activations / re-activations incur a activation fee as displayed on the www.izip.com.au website at the time of ordering or at the time of churn completion as determined by iZIP. This includes without limitation activations / re-activations due to moving premises, disconnecting your phone service, having your phone service suspended or changing details of your phone service.
4.4 No DSL services have a monthly time limit. This means that iZIP will not calculate or charge for time on a DSL service.
4.5 All DSL services that are terminated or churned away within the first 6 months will incur an early termination fee as displayed on the www.izip.com.au website at the time of termination, churning away or leaving / discontinuing service. In addition. all DSL services bound by a contract period that are terminated within the first 6 months will be required to pay a total of the remaining months fees prior to being disconnected or released for churn. You also agree that should the fees and charges applied for including without limitation leaving, churning, exiting, terminating or disconnecting your service and or any outstanding fees and charges for including without limitation usage, monthly fees , administration fees are not paid that you grant iZIP the permission to reverse the churn away.
4.6 Once the shaped data limit is reached your DSL service will be slowed to a speed of 64k or lower until the next set DSL service renewal day. (Not to be confused with the set renewal billing day)
4.7 Capping, capped or cap refers to the limitation of the monthly plan fee and this indicates the most that you will have to pay on any month regardless of how far you exceed the allocated data.
4.8 Excess usage fees apply to any service which has an Hour or Data limit. Data is charged at 20 cents per megabyte of excess usage. Hours are charged at 95 cents per hour of excess usage. 1 gigabyte is indisputably calculated as 1000 megabytes.
5. Dialup Specific
5.1 All dialup plans incur a once off setup fee as displayed on the www.izip.com.au website at the time of ordering or at the time of provisioning as determined by iZIP. All dialup plans including without limitation plans which are unlimited hours or data, plans with a "N/A", "No Limit" or similar listed as the data or hours limit are subject to a 4 hour session.
5.2 Capping, capped or cap refers to the limitation of the monthly plan fee and this indicates the most that you will have to pay on any month regardless of how far you exceed the allocated data or hours.
5.3 Excess usage fees apply to any dialup service which has an Hour or Data limit. Data is charged at 20 cents per megabyte of excess usage unless otherwise specified. Hours are charged at 95 cents per hour of excess usage unless otherwise specified.
5.4 Pre-paid plans have no allocated hours and no allocated data limit. Pre-paid hourly services are billed at a rate of $1.00 per hour and pre-paid data services are billed at a rate of 50 cents per megabyte unless otherwise specified. Should your credit reach a $0 balance the service including without limitation email accounts will be suspended until payment is received. The most you will pay in any month is $40 unless otherwise specified.
5.5 If a dialup service is not accessed for a period of 3 months the account will be closed and no refund will be given including without limitation a prorata or unused fees.
5.6 Customers are not allowed to abuse the pre-paid service and any customer found to be abusing or misusing the pre-paid service by including without limitation using the email frequently without connecting to the dialup service will have their service closed by iZIP at the discrection of iZIP and no refund will be given including without lmitaion a prorata or unused fees.
6 Webhosting
6.1 All Webhosting plans incur a $25 once off per hosting service setup fee.
6.2 No Domain Names are provided unless otherwise ordered or specified. You will need to provide your own domain name or obtain one through us.
6.3 All Webhosting services that are terminated prior to the end of the contract period will be required to pay a total of 50% of the remaining months fees for contracts 6 months and longer or the equivalent of 1 months fee for contracts less than 6 months long prior to being terminated.
6.4 Storage and Bandwidth includes without limitation that from any and all files, web traffic, emails and email traffic. Automated messages are sent informing you that your service is at 80% of the maximum bandwidth or data whichever is applicable. If the storage or bandwidth is exceeded in any month the account including emails in and out will be suspended for the remainder of that month displaying an iZIP suspended service page and not released to normal operation until either the new month begins, the plan is changed and paid for accordingly or the fee for that plan is paid a second time which will then increase the storage and bandwidth by the same storage and bandwidth quantities as specified in the original plan.
6.5 Fees are shown as a per month fee. Plans with a contract period of 6 months or more require full payment up front for the contract period. Plans with a contract period under 6 months require the last months service fee to be held by us as a security deposit which will be applied to the last month of service or be credited to you after 12 months.
7 Domain Names
7.1 All Domain Names are registered in your name or your business name and remain the property of you.
7.2 All Subdomain Names remain the property of iZIP at all times.
7.3 Domain Names need to be paid for and renewed as appropriate otherwise the domain name may be lost to another party. .au Domain Names have strict policies for registration which are controlled by an Australian body of Authority.
8 Support
8.1 Support services which iZIP will provide to you under any circumstances are including without limitation DSL line faults and webhosting webserver faults. Such faults do not include without limitation that of user error or user expectations.
8.2 Webhosting faults that are due to including without limitation user error, user misuse, user expectations will be charged at a rate of $90 per hour with a minimum total fee of $60.
8.3 DSL faults including without limitation line faults and service faults that are found to be the CPE, (customer premises equipment or customer personal equipment), user fault or miseducation will be charged at an expected rate of $250 per fault or lower or if a higher fee is charged by the upstream provider that fee will be through-billed to you. The fee will not be known until after the fault is know to be CPE or user fault.
8.4 Support including without limitation user support and customer support via any means or medium is a privilege not a right. iZIP is under no obligation to provide such services and can decline to do so under any circumstances and for any reason to any customer. |