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Broadband Terms and Conditions
alchemyIT Broadband
TERMS AND CONDTITIONS
This Agreement commences upon signing for the Services in the Application Form and as listed in the attachment.
1. DEFINITIONS
"Acceptable Use Policy" means our policy as to acceptable use of the alchemyIT Broadband Service.
"Agreement" means the Agreement between the Customer and us which comprises the Application Form, these Terms and Conditions and the Acceptable Use Policy.
"Application Form" means the attached application form completed and signed by the Customer.
"Cooling-Off Period" means a cooling-off period required by any applicable State or Territory door-to-door sales legislation.
"Customer" refers to all other persons, companies, or other entities identified on the Application.
"Customer's Premises" means the building in and to which alchemyIT Broadband Provided Equipment and alchemyIT Broadband Services will be provided and the land on which that building sits.
"Customer Provided Equipment" is that provided by the Customer to facilitate the alchemyIT Broadband Service as advised by us. Such equipment might include a personal computer, set top box, data or network terminating equipment.
"GST" means the tax imposed or to be imposed by the A New Tax System (Goods and Services Tax) Act 1999 (C'th) and the related imposition Acts of the Commonwealth.
"Initial Term" commences on the day that we first provide the alchemyIT Broadband Service to the Customer and continues thereafter for 12 months.
"Installation" means the provision of the modem and connection to the alchemyIT Broadband Service network at the Customer premises.
"Maintenance" means the ongoing support and operation of the alchemyIT Broadband Service during the course of the Term.
"Monthly Fee" means the monthly fee for the alchemyIT Broadband Service as set out in the Pricing Schedule.
"Network Equipment and Facilities" is that infrastructure provided by a third party such as the Telstra twisted pair lines, Telstra switched data network, NEC switching network, interfaces to third party content and any other equipment or facilities provided but not included in this Agreement.
"alchemyIT Broadband Provided Equipment" comprising the modem and ancillary equipment to be provided by us to the Customer.
"Pricing Schedule" means the current alchemyIT Broadband Service rates as issued by us, and as varied in accordance with clause 10.3.
"Service" includes the provision of a modem and connection of broadband Services (including the internet) provided by us, which may be subject to modification from time to time by us.
"Service Provider" means a person who provides or is considering providing products or Services in connection with the alchemyIT Broadband network or in conjunction with us or any related entity, but does not include us or any related entity.
"Software" refers to any of the type referred to in Clause 3.
"Term" means the initial term as extended by each month the Customer continues to use the alchemyIT Broadband Service after the ending of the Initial Term.
"alchemyIT Broadband" means a DSL Service provided to the Customer by Ram Network Services Pty Ltd.
"we" and "us" means Ram Network Services Pty Ltd, ACN 082 639 969, and its employees, agents, sub-agents and employees of its agents and sub-agents.
2. THE alchemyIT BROADBAND SERVICE
2.1 In order to receive the alchemyIT Broadband Service, the Customer must:
(a) meet the system requirements as notified by us; and
(b) install or arrange for installation of the Customer Provided Equipment.
2.2 Subject to this Agreement, we will use reasonable skill and care in providing the Customer with the alchemyIT Broadband Service. The Customer acknowledges that the alchemyIT Broadband Service is provided without warranty that it is continuous or fault-free. Subject to law, we are not liable for any loss or disappointment the Customer may suffer as a result of any faults or interruptions in the alchemyIT Broadband Service other than as specified in these Terms and Conditions.
2.3 In the utilisation of the Fast Connect and Total Connect alchemyIT Broadband Services, the Customer must comply with the Acceptable Use Policy and the Customer acknowledge and agree that we may exercise any of the rights specified in the Acceptable Use Policy.
2.4 The Customer must do the following in relation to the Customer's alchemyIT Broadband Service:
(a) adopt appropriate measures to ensure the security of the Customer's account information, password and the Customer's data; and
(b) advise us in a timely manner if the Customer have reason to suspect that the Service is being used contrary to the applicable Terms and Conditions or the Acceptable Use Policy.
2.5 In the case of the alchemyIT Broadband Service:
(a) the Customer acknowledges that due to the carrying out of engineering work, there may be a minor disruption to the Customer's standard telephone Service during Service provisioning
(b) the Customer acknowledges that certain incompatible products may not be available to the Customer.
2.6 We are not liable to provide the alchemyIT Broadband Service or alchemyIT Broadband Provided Equipment if the necessary equipment and facilities which are necessary are not available for the Customer's Premise.
3. OTHER SERVICES
If the Customer acquires other services from us or a Service Provider for use in conjunction with the alchemyIT Broadband Service, the Customer agrees to comply with the terms of such services including of any relevant software licences supplied or granted in connection with those services.
4. PAYMENT OF ACCOUNTS AND CHARGES
4.1 The Customer must pay the Monthly Fee during the Term and other fees set out in our Pricing Schedule from the date on which we commence supplying the alchemyIT Broadband Service to the Customer. The Monthly Fee must be paid in advance by cheque to our address as specified in the Application Form, or by other means of payment that we notify you is acceptable to us. The Customer must pay us any other applicable charges as set out in the Application Form or Pricing Schedule upon our request including the Installation Charge and charges for changing the Customer's Services where those changes are requested by the Customer and any costs of labour or parts in maintaining the alchemyIT Broadband Provided Equipment after the expiry of the Initial Term.
4.2 Subject to clause 12.5, the Customer may change the Customer's nominated Service associated with the Customer's contract, as set out in the Application Form Schedule, by contacting or calling us. The change will become effective as soon as practicable.
4.3 Migrating to another alchemyIT Broadband Service does not shorten the Term or terminate the Agreement. The Agreement continues to apply for the remainder of the Term.
4.4 If the Customer varies the number of connected Services, the monthly fee will be pro-rated from the date those services are made available to the Customer or withdrawn.
4.5 We will be taken to have commenced supplying the alchemyIT Broadband Service to the Customer from the date of activation of the alchemyIT Broadband Service.
4.6 The charges in the Pricing Schedule may not include all taxes. The Customer must pay us when we ask the Customer for it all stamp and other duties, fees, taxes (including any Goods and Services Tax) and charges payable on:
(a) the Customer's purchase of any hardware in relation to the alchemyIT Broadband Service; and
(b) this Agreement or the performance of this Agreement; and
(c) any payment, receipt or other transaction arising out of this Agreement.
4.7 Without limiting clause 4.6, if GST is imposed on any supply made by us pursuant to this Agreement, the Customer must pay to us, in addition to any consideration payable, or to be provided, by the Customer under this Agreement for such supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable, or to be provided, (without any deduction or set-off) by the Customer under any other clause in this Agreement. Any amount payable by the Customer under this clause is payable on demand us whether such demand is by means of an invoice or otherwise.
4.8 We may terminate by giving 7 days notice the Customer's alchemyIT Broadband Service and the Customer's Software Licences if any charges remain outstanding for 14 days.
5. EQUIPMENT
5.1 We will agree with the Customer the date on which we will install the alchemyIT Broadband Provided Equipment at the Customer's Premises. Where we specify a date to the Customer for installation, we will try to keep to the specified date, but we cannot be liable for any loss the Customer suffer if we fail to do so.
5.2 We will install the alchemyIT Broadband Provided Equipment in the Customer's Premises and will maintain that equipment while we are supplying the alchemyIT Broadband Service to the Customer free of charge and warrant it to be free of defects during the Initial Term. We will be liable for any reasonable costs associated with installation of the Service excluding the use of third party Services.
5.3 We will try to install the alchemyIT Broadband Provided Equipment to the Customer's premises in the way the Customer would like, but for technical and commercial reasons, we have the final decision on installation, for example, the position of any connection point or cables. We cannot guarantee that the alchemyIT Broadband Provided Equipment will be fault-free.
5.4 The Customer must provide us with safe access to the Customer's premises to install, maintain or remove the alchemyIT Broadband Provided Equipment. The Customer represents to us that the Customer is either the owner or occupier of the Customer's premises and that the Customer has obtained any necessary permissions to allow us to perform this Agreement.
5.5 The Customer must indemnify us against any liability we may incur to any person with an interest in the Customer's premises in connection with the Installation, Maintenance or removal of the alchemyIT Broadband Service or alchemyIT Broadband Provided Equipment.
5.6 If it is necessary in providing the alchemyIT Broadband Service, to disconnect the Customer from a third party operated network, we will seek the Customer's approval prior to disconnection.
5.7 We reserve the right to quote and charge the Customer if the Customer require us to remove any part of the broadband transmission facilities. We will not be obliged to repair any damage to the Customer's Premises or property caused by the removal of the alchemyIT Broadband Service or alchemyIT Broadband Provided Equipment.
6. OWNERSHIP AND USE OF THE alchemyIT BROADBAND PROVIDED EQUIPMENT
6.1 The alchemyIT Broadband Provided Equipment remains the property of alchemyIT Broadband until the completion of the Initial Term. At this time ownership is transferred to the Customer. The cost of the modem is included in the monthly fee, and so amortised equally across the monthly payments for a period of one year. The Customer must ensure that no damage is done to any alchemyIT Broadband Provided Equipment during that time and must only use the supply in connection with it using the alchemyIT Broadband Service.
6.2 For the purposes of any regulations made for the purposes of sub-section 22(1) of the Telecommunications Act 1997 and in any event, the boundary of our telecommunications network is the wall-plate in the Customer's premises, or such other point as we may advise on reasonable notice.
6.3 The Customer must not use or permit anyone else to use any alchemyIT Broadband Provided Equipment without our permission. We permit the Customer to use the broadband transmission facilities to receive the RAMMNET Broadband Service on the terms of this Agreement.
6.4 The Customer must provide a suitable place and conditions for the alchemyIT Broadband Provided Equipment. The Customer must provide electricity and connection points for the alchemyIT Broadband Provided Equipment and Equipment at the Customer's own expense.
6.5 If the Customer does not own the Customer Premises, the Customer must use their best endeavours to ensure that the owner of their premises complies with these Terms and Conditions. If the Customer Premises is sold, the Customer must use their best endeavours to ensure that the purchaser agrees to observe the terms of this clause 6 (including the terms of this clause 6.5). In particular, the Customer must notify the purchaser that the alchemyIT Broadband Provided Equipment are the property of alchemyIT Broadband. This clause 6.5 applies to the first and any subsequent sale. If the Customer does not own the Customer's Premises, the Customer must notify the owner of the terms of this clause 6.
6.6 alchemyIT Broadband will provide a modem to the Customer and title will pass to the Customer:
(a) at the end of the Initial Term, provided that the Customer has paid all Monthly Fees; or
(b) if the alchemyIT Broadband Service is terminated before the expiry of the Initial Term, upon payment of the cancellation fee set out in clause 12.4.
6.7 The Customer will accept all risks associated with the modem from the time it is delivered to the Customer. Clause 6.6 does not prevent us maintaining an action against the Customer for unpaid charges including the Monthly Fee.
6.8 Until title to the modem we provide passes to the Customer, the Customer may not sell the modem or part with possession of it.
7. CUSTOMER SERVICE
7.1 If the Customer experiences a problem with the alchemyIT Broadband Provided Equipment or Services, the Customer should report by phoning the number shown in the Application Form.
7.2 We will use reasonable efforts to rectify the problem as soon as possible.
7.3 If the Customer reports a fault and we find there is no fault or the fault was not caused by us, we may charge for any work we have done to try to find the fault or repair it in accordance with the Pricing Schedule.
8. INDEMNITY AND LIMITATION OF LIABILITY
8.1 The Customer must indemnify us against any loss, damage, liability, expense, cost or charge arising from or incurred in connection with:
(a) any fault in the alchemyIT Broadband Service, the alchemyIT Broadband Provided Equipment or the Software due to the Customer's negligence or wilful misuse, or any unauthorised use of any of them; and
(b) breach by the Customer of the Acceptable Use Policy
8.2 Subject to clause 5.2, we accept liability for the supply of the alchemyIT Broadband Service but only to the extent provided in this clause 8.
8.3 We accept liability where:
(a) the alchemyIT Broadband Service is not supplied with due care and skill;
(b) any materials supplied in connection with the alchemyIT Broadband Service (including the alchemyIT Broadband Provided Equipment) are not reasonably fit for the purpose for which they are supplied; and
(c) it is otherwise required to do so by the Trade Practices Act.
8.4 To the extent (if any) that the alchemyIT Broadband Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability under clause 8.3 is limited to, at our option, resupplying or paying for the resupply of the Service.
8.5 Except as stated above, we are not liable in tort (including negligence), contract or otherwise for any damages, including loss of profits, business or anticipated savings or any other indirect or consequential damage.
8.6 The Customer indemnifies alchemyIT Broadband in respect of any loss, liability or expense arising out of the reproduction, broadcast, use, transmission, communication or making available of any material (including data and information of any sort) by the Customer, using the Service.
9. PERSONAL INFORMATION
9.1 Information concerning the Customer will be held in a database. The database will contain the Customer's name, address, telephone numbers, bank account or credit card details, billing details, information relating to the provision and use of the alchemyIT Broadband Service, and information provided by the Customer in connection with this Agreement or the alchemyIT Broadband Service.
9.2 This information (other than bank account and credit card details) may be used to:
(a) to enable us to perform our obligations to the Customer under this Agreement, including to provide the alchemyIT Broadband Service;
(b) to enable us to ensure that the Customer perform their obligations under this Agreement;
(c) by any entity related to us and any Service Provider, for planning, research and the promotion and marketing (whether targeted, direct or indirect) of ours or their products and Services, or if required by any law (including without limitation the Corporation Act), or if required by the rules of any stock exchange.
9.3 In addition to our other rights under this clause 9, we may give Credit Information about the Customer to a credit reporting agency to:
(a) obtain a consumer credit report about the Customer; or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
9.4 In addition to our other rights under this clause 9, we may (in accordance with the Privacy Act 1988):
(a) obtain and use information concerning the Customer's commercial activities and commercial credit worthiness from a credit reporting agency or other business that reports on commercial credit worthiness to assess the Customer's application for the alchemyIT Broadband Service (if the application is for consumer credit) or the collect overdue payments;
(b) obtain or use a consumer credit report about the Customer from a credit reporting agency to assess the Customer's application for the alchemyIT Broadband Service (if it is for commercial credit) or collect overdue payments; and
(c) disclose information about the Customer to other credit providers or obtain and use information from other credit providers for the purposes of assessing the Customer's application for the alchemyIT Broadband Service, the Customer's ongoing credit worthiness or the status of any account held by the Customer with us or with any other credit provider.
9.5 The Customer consent to the collection, use and disclosure of information as set out in this clause 9. If the Customer does not want the information to be used for direct marketing, or as set out in clause 9.3 or 9.4, please notify us in writing and we will ensure that the information is not used for these purposes.
9.6 "Credit Information" in the above cases means:
(a) identity particulars (name, address, and date of birth);
(b) the Customer's application for credit or commercial credit, including the amount applied for;
(c) the fact we are a current credit provider to the Customer;
(d) payments which are overdue by more than 60 days and for which debt collection has commenced;
(e) advice that payments are no longer overdue in respect of a default which has been listed;
(f) information that, in the opinion of us, the Customer have committed a serious credit infringement; and
(g) cheques drawn by the Customer for more than $100 and which have been dishonoured more than once.
10. CHANGING THIS AGREEMENT
10.1 If the Customer asks us to change the place at which the alchemyIT Broadband Service is provided (for example, the Customer has moved to a new address), we cannot guarantee that we will be able to provide the alchemyIT Broadband Service at the new address. If we can provide it, the Customer will have to pay any charges for installing the alchemyIT Broadband Service at the new address.
10.2 If the Customer wants us to provide the alchemyIT Broadband Service at another place in addition to the Customer's premises, the Customer will have to sign a separate application form with us for the Service provided at that place. The additional Service site will be subject to the terms and conditions outlined in this Agreement.
10.3 We can change this Agreement, the Acceptable Use Policy or the Pricing Schedule at any time provided that we notify the Customer of any change with at least 30 days and the Customer consents to the change. The Customer must notify us of the Customer's consent to the change within 14 days of our notice, otherwise we may exercise our right to terminate the Agreement under clause 12.3. The Customer's continued use of the alchemyIT Broadband Service beyond the date of the change will be deemed acceptance of it.
10.4 We can offer new or additional features that do not affect any of the Customer's existing Services, including the price for them, at any time.
10.5 It will be sufficient, for the purposes of clause 10.3, that we may notify the Customer only of the fact that this Agreement, the Acceptable Use Policy or the Pricing Schedule has been changed and that we post a revised copy of Terms and Conditions, the Acceptable Use Policy or the Pricing Schedule.
11. TRANSFERRING THE SERVICE
The Customer may not transfer or novate, nor try to transfer or novate the right to receive the alchemyIT Broadband Service or any other right under this Agreement to anyone else without our consent. We may transfer or novate any of our rights or obligations under this Agreement without the Customer's consent by sending the Customer a notice.
12. SERVICE SUSPENSION, CANCELLATION OR AMENDMENT
12.1 Subject to clause 12.4, The Customer can terminate the alchemyIT Broadband Service by giving 30 days notice to us.
12.2 If we suspect that the Customer has breached any material term of the Terms and Conditions of this Agreement including engaging in conduct that is contrary to the Acceptable Use Policy, we can without affecting any other rights we may have, immediately terminate or suspend the Customer's Service. The Customer will still be liable to pay Monthly Fees during the period of suspension if we terminate this Agreement and the Customer has not paid the cancellation fee in clause 12.4, the customer must return to us all alchemyIT Broadband Provided Equipment.
12.3 We are otherwise entitled to terminate this Agreement by giving the Customer 30 days notice. If we terminate this agreement in this way, the Customer may buy the modem for the unamortised cost of it as advised by us.
12.4 If the Customer decides to terminate the alchemyIT Broadband Service after the end of the Cooling Off Period, if applicable, and before the end of the Initial Term, the Customer must pay to us a cancellation fee which is the Monthly Fee for each month or part thereof for the remainder of the Initial Term.
12.5 If we terminate or suspend the alchemyIT Broadband Service for any reason covered by clause 12.2 and later at the Customer's request we agree to reinstate the alchemyIT Broadband Service, the Customer must pay a reconnection fee and any other applicable fees.
13. RESALE OF SERVICE
The Customer agrees that the Service is for the Customer's use and agrees that the Service is not for resale.
14. GENERAL TERMS
14.1 If we do not exercise or delay in exercising our rights under this Agreement, we will not be taken to have waived our rights.
14.2 This Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales.
14.3 The Acceptable Use Policy and any terms set out in the Pricing Schedule are expressly incorporated herein.
14.4 Clauses 5, 6, 8 and 9 survive termination of this Agreement.
14.5 Notices can be provided under this Agreement by email, post or facsimile.
14.6 A reference in this Agreement to the singular includes the plural.
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