|
1: DEFINITIONS
1.1 “Linknet” means Linknet Communications NSW Pty. Ltd.
(ACN 105 220 399) and its successors in business, agents, administrators,
substitutes and permitted assigns. “Linknet ” also means
Linknet and its related bodies corporate.
1.2 "Application" means the electronic, paper, voice or other
form of application lodged by You.
1.3 "You" means the person named in the Application.
1.4 "Internet Access" means connection to the Internet using
hardware, software and protocols supported by Linknet, and use of any
additional services provided by Linknet.
1.5 "Customer" means any person who has entered into an Agreement
with Linknet for the purpose of provision of Internet Access.
1.6 "Charges" mean all Charges due to Linknet for use of the
Internet Access, in accordance with this Agreement.
1.7 "Plan Period" means the duration of the Internet Access
plan You have nominated.
1.8 "Material" means information sent or received through
the Internet Access. This includes without limitation text, graphics,
software, sound, video, e-mail, and any other form of electronic information.
1.9 "Storage Facility" means any facility provided by Linknet,
which allows You to store information, including but not limited to
Your e-mail mailbox and Web space.
1.10 "Equipment" means any hardware or related goods supplied
to You by Linknet for use with the Internet Access.
1.11 This "Agreement" means the Application, together with
these terms and conditions, service level agreement and Your nominated
Internet Access plan, as published on the Linknet web page and as may
be varied from time to time.
1.12 "Implied Term" means a term implied into this Agreement
by consumer protection legislation and which such legislation prohibits
from being excluded, modified or restricted.
2: PRICES CHARGES AND BILLING
2.1 You must pay to Linknet:
2.1.1 all Charges for the Internet Access as advised to You by Linknet
within the time specified for payment on the invoice.
2.1.2 any Goods and Services Tax (GST) (or like imposition) associated
with this Agreement.
2.2 Each Plan Period is charged in advance. Any additional Charges accrued
during a given Plan Period are charged subsequent to the Plan Period.
2.3 Linknet may change the Charges at any time. It is Your responsibility to make sure You are aware
of these changes, as published on the Linknet Web page.
2.4 Where You have nominated credit card payments, to the extent permitted
by law You irrevocably authorise Linknet to:
2.4.1 automatically debit the Charges for the Plan (contract) Period
against Your credit card;
2.4.2 automatically debit any outstanding Charges against Your credit
card at any time, including after termination or suspension of the Internet
Access;
2.4.3 disclose Your personal and financial details to a financial institution
or credit card issuer in order to verify Your details, and determine
Your ability to pay the account.
2.5 Account usage statistics for Downloaded data includes all data transferred
to Your computer through the Internet Access.
2.6 Account usage statistics for Uploaded data includes all data transferred
to Your computer through the Internet Access.
2.7 You must pay disputed Charges. A credit may, at Linknet's discretion,
be issued at a later date.
2.8 Where You dispute the Charges, You must notify Linknet immediately
after receiving Your bill or credit card statement.
2.9 You are responsible for all costs associated with Material or other
products and services obtained from third parties through the Internet
Access.
2.10 Where Your account is overdue, Linknet may apply an overdue charge.
2.11 Cancellation of Your Wireless Broadband Access prior to the end
of Your Plan (contract) Period will attract a fee of the outstanding
contract amount and may also incur an additional fee for the removal
of equipment and administration.
2.12 Upgrading to another Linknet wireless broadband account plan does
not alter the Initial Contract Period or terminate the contract agreement
or will not result in a reduction of the charges payable by the Customer
to Linknet during the initial contract term.
2.13 The Customer may be charged additional set-up fees for any configuration
changes required due to their requesting an account plan upgrade. The
new account plan charges will apply from the date of the upgrade to
the end of the Initial Contract Period.
2.14 The Customer agrees that Linknet may increase its charges by any
new or increased Government taxes, charges, fees, duties or other imposts.
2.15 Linknet will commence the Initial Contract Period and the billing
cycle for data traffic on the day of service activation and will be
billed pro rata for the remainder of the current month. Thereafter billing
will occur on the first day of each month.
2.16 The Customer agrees to pay all charges for the Wireless Broadband
Service in accordance with the Linknet account pricing plans. The Customer
understands that these charges might be altered form time to time by
Linknet giving 14 days notice of such alterations to the Customer in
accordance with this Agreement. However, Linknet will not increase the
access charge payable by the Customer during the Initial Contract Period.
2.17 The Customer agrees to pay all installation, Access and usage charges
and any other charges (where applicable) related to the service chosen
by the Customer by cheque, direct debit or credit card, once the Wireless
Broadband service has been confirmed as available.
2.18 For Customers paying by Credit Card, Linknet will initially debit
their credit card for the Installation Costs and the first months Access
Fee. Thereafter Linknet will debit their credit card, on the first day
of each month or within 5 days after the first day of each month, one
months access fee paid in advance plus excess data from the previous
billing month.
2.19 All Customers will receive their monthly Linknet bill via their
Linknet or nominated email account.
2.20 The Customer is responsible, for all usage charges in respect of
the use of the Wireless Broadband Service whether or not such usage
was authorised. It is the Customer’s responsibility to maintain
the security of the means of access to the Wireless Broadband Services
and to ensure unauthorised use does not occur.
3: TERMINATION AND SUSPENSION OF ACCOUNTS
3.1 Linknet may, at its discretion, immediately suspend or terminate
the Internet Access without notice in the following circumstances:
3.1.1 during any investigation of alleged Defined Abuse;
3.1.2 where You fail to pay the Charges;
3.1.3 where Your financial position is significantly changed, including
without limitation, bankruptcy, insolvency, a winding up application
or the appointment of a receiver;
3.1.4 in an emergency or to safeguard the provision of services to any
Customer;
3.1.5 if You breach this Agreement;
3.1.6 where You have provided any misleading, false or incomplete information
to Linknet;
3.1.7 where Your nominated payment method is refused or dishonoured
by Your nominated financial institution;
3.1.8 where You fail to notify Linknet of a relevant change to Your
personal details.
3.1.9 where in Linknet’s opinion you have breached Linknet’s
“Reasonable Use Policy”
3.2 Linknet is not required to issue You a refund if the account is
suspended or terminated for any of the reasons in clause 3.1, except
as required by law.
3.3 Your Internet Access will continue until the Internet Access is
terminated in accordance with this Agreement.
3.4 You may terminate or suspend the Internet Access at any time by
giving written notice to Linknet. The termination or suspension will
take effect 30 days after receipt of your written notification. You will not be
issued a credit or refund for any unused Internet Access, except as
required by law.
3.5 The provision of services will be ongoing until terminated by either
party giving 30 days notice in writing. If the Customer terminates this
Agreement before the expiry of the Contract Period. The Customer will
be liable to pay the remaining access charges up to, and including,
the end of the Initial Contract Period. Additional charges may be levied
against the customer for removal of equipment and administration costs.
3.6 Linknet may terminate the Internet Access without cause by giving
24 hours written notice to You. You may apply for a pro-rata refund
for any Charges already paid by You. Linknet may levy a reasonable fee
for any costs incurred as a result of the early termination.
3.7 Linknet reserves the right to terminate the service immediately
and recover all monies owing, including the cost of recovery, when payments
are overdue.
3.8 If the Customer fails to comply with any of the conditions set out
in this Agreement, Linknet’s Standard Terms and Conditions, and/or
with Linknet’s Reasonable Use Policy, Linknet may terminate this
Agreement immediately by giving written notice. On termination, the
Customer’s right to use the Wireless Broadband Service ceases
immediately and Linknet will not be liable for any loss or damage suffered
by the Customer.
3.9 Linknet may delete any Storage Facilities used by You on termination
or suspension of this Agreement.
3.10 A cancellation fee of the outstanding contract amount applies if
the service is cancelled prior to the expiry of the Customer’s
Initial Contract Period. An additional administrative fee may also be
payable.
3.11 All notices shall be in writing and shall be hand delivered, or
sent by post, facsimile or email to the parties hereto at their respective
addresses.
4: USE OF THE SERVICE
4.1 You are not authorized to use the Internet Access unless
Your Application has been accepted by Linknet.
4.2 You will supervise any minors who use the Internet Access. You understand
that Material obtainable through the Internet Access may not be suitable
for minors.
4.3 To the extent permitted by law, Linknet may monitor Material You
transfer through the Internet Access. This information may be disclosed
to third parties without notice.
4.4 You must not resell the Wireless Broadband Internet Access.
4.5 You are responsible for maintenance and care of equipment You use
to connect to the Internet Access, including backup of all information
(including without limitation software and data).
4.6 Where Your use of any Storage Facilities exceeds specified limits,
Linknet may remove any of the stored information without notice. This
includes, without limitation, information in Your e-mail mailbox and
Your personal Web space.
4.7 Linknet may delete e-mail sent to or from You where:
4.7.1 individual messages are greater than a specified limit;
4.7.2 messages remain on Linknet servers for more than 90 days.
4.8 You must not connect a sub-network to the Internet Access, unless
Linknet expressly allows otherwise in writing, including without limitation
hosting of FTP, SMTP, HTTP and Proxy Services
4.9 You must not engage in Defined Abuse as specified in Linknet’s
“Reasonable Use Policy”.
4.10. The Customer agrees this Wireless Broadband Service cannot be
resold or used for Web/Mail Hosting without prior written authority
form Linknet.
4.11 The Customer must not create any conflict or interference with
the normal operation of the Wireless Broadband Service or any related
facility of service.
4.12 The Customer agrees not to assign, transfer, or re-sell any of
the services provisioned by Linknet under this Agreement or any rights
given by the use of this service.
4.13 The Customer is not to allow a third party to use the Wireless
Broadband Service without direct supervision and/or authorisation by
Linknet. The Customer is responsible for all use of the Wireless Broadband
Service including use that is not authorised by the Customer.
5: DISRUPTION TO THE SERVICE
5.1 The Customer agrees that if Linknet is asked to investigate
a breakdown in the service and upon investigation it is found that the
fault is not due to Linknet equipment then the Customer agrees to pay
Linknet it’s standard hourly rate of $65.00 (excluding GST) for
time and travel and the cost of any materials or equipment required
to investigate and repair the suspected breakdown in service. Such breakdown
in service could be caused by but not limited to;
5.1.1 Trees growing in the signal path of receiving equipment.
5.1.2 Buildings being erected in the signal path of receiving equipment.
5.1.3 Storm, wind, or lightning damage to any components of the wireless
broadband receiving equipment.
5.1.4 Incorrect configuration and or failure of customers computer software
or hardware.
5.1.5 Customers or their agents moving or interfering with the Wireless
Broadband Antenna equipment.
5.1.6 Malicious damage caused to the wireless broadband receiving equipment
by others.
5.1.7 Configuration changes made by the customer to (client premise
equipment) their wireless Ethernet bridge or router.
6: NETWORK BOUNDARIES
6.1 Linknet will not be responsible for the troubleshooting the delivery
of data or network performance issues beyond defined points of responsibility.
These defined points of responsibility are;
6.1.1If Linknet has supplied the customer with a (Linknet Approved)
broadband router Linknet will take responsibility to supply data to
the LAN Ports on that router.
6.1.2 If Linknet has not supplied the customer with a broadband router
Linknet will take responsibility to supply data to the Ethernet interface
(RJ 45 Plug or Socket) within the customers premises connected to the
Wireless Ethernet Bridge.
7: ACCOUNT SECURITY & ABUSE
7.1 You are responsible for ensuring the security of Your account by:
7.1.1 exercising due care when choosing passwords;
7.1.2 ensuring that Your computer system is up to date and secure;
7.1.3 maintaining current anti-virus, firewall and other appropriate
security measures;
7.1.4exercising due care when using and retrieving Material through
the Internet Access.
7.2 You are entirely responsible for all use of the Internet Access
by any person using Your Wireless Broadband Internet Access.
7.3 "Defined Abuse" means misuse of the Internet Access by:
7.3.1 intentionally providing false information to Linknet;
7.3.2 engaging in the practice known as 'spamming';
7.3.3 using the Internet Access in an unlawful manner;
7.3.4 using the Internet Access to menace or harass others;
7.3.5 unauthorised or fraudulent usage of the Internet Access;
7.3.6 the use or distribution of components designed to compromise system
security. This includes credit card generators, password guessers, crackers,
packet sniffers, network probes, and other such components;
7.3.7 deliberate or reckless disruption of Linknet's services or disruption
of a Customer's Internet Access. This includes damage to Internet connected
resources, Denial of Service attacks, hacking, distributing computer
viruses and e-mail bombardment.
7.3.8 providing illegal, indecent, pornographic, fraudulent, threatening,
damaging or misleading material, or information about how to obtain
such material through Your personal Web space or any other means
7.3.9 engaging in unauthorized activities in relation to other peoples'
intellectual property; or
7.3.10 any other manner reasonably determined by Linknet.
7.4 Linknet may take reasonable steps to investigate an allegation of
Defined Abuse.
7.5 Where You are found to have engaged in Defined Abuse (without prejudice
to Linknet's other rights):
7.5.1 Linknet may provide Your particulars to any third party affected
by Your conduct;
7.5.2 Linknet may charge You $100 per hour for time spent investigating
the Defined Abuse;
7.5.4 any Storage Facility You utilised may be removed without notice;
7.5.5 Linknet may immediately terminate this Agreement without notice.
8: GENERAL
8.1 In using Linknet’s Wireless Broadband Service the Customer
agrees to be bound by Linknet’s Standard Terms and Conditions
as displayed at the Linknet Internet web site http://www.linknet.com.au
8.1.1 The Customer understands that Linknet’s Standard Terms and
Conditions, Linknet’s Wireless Broadband Terms and Conditions,
Reasonable use policy and Service Level Agreement can be amended from
time to time and the Customer should visit the Linknet Internet web
site regularly to be aware of any changes.
8.2 All equipment that is mounted on the rooftop or external to the
building remains the property of Linknet. This includes but is not limited
to antenna/s, antenna mounting equipment, and Ethernet bridge. The rooftop
antenna and mounting equipment is provided to the Customer for the duration
of the provision of services.
8.3 Linknet will not be responsible for relocating the Wireless Broadband
Service during the contract period to either a different delivery point
within the same premises as originally installed or to a new premises
at a different location.
8.3.1The customer will be required to pay the costs of the relocation
of the equipment and or delivery point of the service to a Linknet approved
contractor.
8.3.2 In addition the customer will be liable for Linknet’s costs
if any to recommission the service the relocation.
8.4 Linknet makes no warranties or representations as to the accuracy
of Information in or linked to the Linknet web site and assumes no liability
or responsibility for any errors or omissions in content.
8.5 You warrant that You are an individual, are over 18 years of age
and are authorised to enter into this Agreement.
8.6 Use of the Internet Access constitutes unconditional acceptance
of this Agreement by You.
8.7 Linknet may vary this Agreement at any time. It is Your responsibility
to make sure that You are aware of these changes, as notified to You
or as published on the Linknet web page. Continued use of the Internet
Access constitutes acceptance by You of any changes.
8.8 Failure by Linknet to act immediately on any right under this Agreement
does not waive any such right.
8.9 You warrant that all information You provide to Linknet is true
and correct. You must notify Linknet immediately should any relevant
details change.
8.10 Unless agreed otherwise by Linknet, You are the only person authorised
to request account information, make account changes, or receive customer
service or support.
8.11 For the duration of this Agreement, You shall provide Linknet,
free of charge, with all assistance, information, access, facilities
and services reasonably required by Linknet to enable it effectively
to exercise its rights or perform its obligations under this Agreement.
8.12 You may not assign Your rights or obligations under this Agreement
without the prior written consent of Linknet. Linknet may assign its
rights and obligations under this Agreement at any time without Your
consent.
8.13 Any support, maintenance and/or consulting by Linknet to the Customer
shall be regarded as separate to this agreement. The Customer is responsible
for any expenses relating to, but not limited to cabling, configuration,
reconfiguration and/or modifications to the Customer’s equipment.
8.14 If any provision of this Agreement is void, unenforceable, invalid
or illegal, that provision shall be deemed deleted and the remainder
of this Agreement shall remain in full force and effect.
8.15 Linknet will use its best endeavours to make the Wireless Broadband
Services available to the Customer 24 hours a day, 7 days a week. The
Customer acknowledges that Linknet cannot guarantee uninterrupted service,
the speed, performance or quality of the Wireless Broadband Service.
The Customer further acknowledges that the Wireless Broadband Service
is not fault free and there may be interruptions and/or access problems
from time to time as Linknet depends on the performance of Third Parties
over which Linknet has no control and therefore cannot accept liability
for problems that may arise from the service.
8.16 The Customer agrees to direct all queries regarding faults and
outages of the Wireless Broadband Service to Linknet’s Technical
Help Desk. The Customer is liable for any inquires to Third Party service
providers.
8.17 The Customer’s Computer Equipment must conform to the minimum
requirements for the provisioning of Linknet’s Wireless Broadband
Services. All equipment and materials provided by Linknet remain the
property of Linknet Communications.
8.18 The Customer agrees that information concerning the Customer will
be held by Linknet and may be used to enable both parties to perform
obligations defined in this Agreement and any other agreements between
Linknet and the Customer.
8.19 This agreement shall operate and be binding upon the parties form
the date of its execution.
8.20 These Wireless Broadband Terms and Conditions are subject to change
without notice.
9: LIABILITY
9.1 The liability of Linknet in respect of a breach of an Implied Term
relating to the supply of any goods or services is to the full extent
permitted by law limited to, at Linknet's option:
9.1.1 in the case of goods, any one or more of the following: the replacement
of the goods or the supply of equivalent goods; the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent
goods; and the payment of the cost of having the goods repaired; and
9.1.2 in the case of services: the supply of the services again; or
the payment of the cost of having the services supplied again.
9.2 Subject to any law to the contrary and clause 9.1:
9.2.1 You agree that Linknet's liability in relation to any claim, loss
or damage and any associated costs whether arising under or in relation
to this Agreement, any tortious act or omission (including without limitation
negligence) or under common law or statute, is excluded;
9.2.2 the parties exclude any term, condition, warranty or representation
which is not expressed in this Agreement (other than an Implied Term);
and
9.2.3 Linknet is not liable to You or any other person for any loss
or damage (including but not limited to any loss of profits, business
or anticipated savings or any other form of indirect or consequential
loss), either in negligence, other tort, breach of contract, breach
of warranty or for any other reason or cause whatsoever, in relation
to this Agreement.
9.2.4 Linknet will not be liable for claims arising from damage caused
by lightning storm or tempest to any of the equipment including the
Customers computer equipment and is at the Customers expense.
The Customer and Landowner hold Linknet Indemnified against claims arising
as result of damage either personal injury, physical, or electrical,
caused to any person or property by the rooftop antenna equipment including
such damage or claims resulting from the antenna equipment becoming
dislodged from the building roof.
9.2.5 The customer is responsible for arranging additional and adequate
Public Liability, household or business insurance to cover the replacement
costs of any equipment damaged, whether directly or indirectly as a
result of Lightning strike, power surges or brownouts and or fire damage.
The customer indemnifies Linknet against any claims resulting from the
above.
9.3 Subject to this Agreement and any law to the contrary, You;
9.3.1 acknowledge and agree that all relevant products and services
supplied to You are not suitable for (and are not supplied for the purpose
of) supporting any application which needs continuous or fault free
service.
9.3.2 are responsible for making Your own assessment of whether You
need continuous and fault free services and obtaining and implementing
advice about alternative services suitable for such purposes.
9.3.3 release Linknet and its related bodies corporate and their respective
officers, employees, contractors and agents (the "Released Persons")
from all claims arising out of or in connection with all products and
services.
8.4 You indemnify Linknet and its related bodies corporate and their
respective officers, employees, contractors and agents (collectively
the "Indemnified Parties") from any loss, injury, damage,
liability, costs or expenses whatsoever suffered or incurred by the
Indemnified Parties arising from or in connection with:
9.4.1 any breach of, or failure to comply with, the terms of this Agreement
by You;
9.4.2 any damage to the Indemnified Party's network or other damage
to property or persons caused by You or any person using the Internet
Access (a "Permitted User");
9.4.3 the use of the Internet Access by You or a Permitted User;
9.4.4 the reproduction, broadcast, use, transmission, communication
or making available of any Material by You or a Permitted User, using
the Internet Access;
9.4.5 any alleged breach of a person's rights (including, but not limited
to, defamation and intellectual property rights) through use of the
Internet Access by You or a Permitted User; and
9.4.6 Any equipment or a facility owned or controlled by You which causes
a fault in, or interferes with, the operation of any system or network
owned or operated by Linknet.
9.5 All information, advice or software is provided to You on an "as
is" basis. Linknet is not responsible for any losses resulting
in its provision or use.
9.6 You must ensure that Your software, computer and communications
equipment is compatible with Linknet's systems.
9 .7 Linknet shall not be liable for the consequences of an occurrence
of any event beyond its reasonable control and such event shall not
amount to a breach of this Agreement.
9.8 Linknet will endeavour to make the Internet Access available 24
hours a day 7 days a week. Linknet does not warrant that the service
will be uninterrupted or error free.
9.9 You use the Internet Access at Your own risk. You agree that Linknet
is neither responsible nor liable for any Material obtained through
the Internet Access. You agree to abide by all applicable laws relating
to use of the Internet Access.
9.10 Where Your use of the Internet Access utilises services provided
by third parties, You acknowledge and agree the third parties are not
liable to You nor are they required to pay You any loss, costs or damages
resulting from their actions.
9.11 The Customer agrees and understands that in some cases it may not
be possible to provide or continue to provide the Wireless Broadband
Service. In such an event both parties will be released from their obligations
under this Agreement and Linknet will have no liability to the Customer.
9.12 The Customer accepts that some services offered by a Third Party
Carrier’s Network infrastructure may be incompatible with the
Wireless Broadband Service and may not be available to the Customer.
9.13 The Customer acknowledges that Linknet cannot be held responsible
for any loss incurred by the Customer because of faults and/or failures
within the Third Party Carrier’s Network infrastructure.
9.14 Customers use the Wireless Broadband Service at the Customers own
risk and Linknet takes no responsibility for any data downloaded and/or
the content stored on the Customer’s computer.
9.15 The Customer agrees not to make any claim against Linknet, its
suppliers, employees, contractors, dealers or assignees for any loss,
damages of expenses relating to, or arising from, this Agreement or
the use of the Wireless Broadband Service.
9.16 The Customer hereby indemnifies Linknet against all liability,
costs, loss or damage, suffered or incurred by Linknet, its suppliers,
employees, contractors and assignees arising from this Agreement or
the use of the Wireless Broadband Service.
10: INSTALLATION OF EQUIPMENT AT YOUR PREMISES
10.1 Linknet shall install the Equipment at the site nominated by You
and agreed by Linknet. Linknet shall use reasonable endeavours to install
the Equipment on or around the agreed installation date but will not
be liable for any loss or damage for failure to do so.
10.2 You are liable for any Charges associated with the installation
of any Equipment at Your premises.
10.3 Installation of the Equipment will be in consultation with You,
however, the technician will decide on the position of Equipment.
10.4 Subject to any law to the contrary, You are responsible for the
cost of repairing or replacing any faulty equipment (including the Equipment),
provided that Linknet will, where possible, pass on the benefit of any
manufacturer's warranty in respect of the Equipment.
10.5 You must provide a safe environment for the installation, maintenance
and removal of any Equipment.
10.6 Subject to this clause, You warrant that You are the owner of the
premises where the installation of the Equipment is to take place. Where
You are not the owner of the premises, You must provide Linknet with
written evidence from the premises owner or landlord that the required
work can be carried out.
10.7 Linknet retains full rights, title and interest to and in the Equipment.
You must not interfere with the Equipment without the prior written
consent of Linknet.
10.8 You shall assume all risks and liabilities for and in respect of
the Equipment.
10.9 Where the Equipment is affixed, attached or secured to land or
premises, the Equipment shall be deemed not to be a fixture and may
be removed by Linknet at any time in accordance with this Agreement.
11: INCORPORATION OF REASONABLE USE POLICY IN THESE TERMS AND
CONDITIONS
The Linknet Reasonable Use Policy is incorporated herein by reference
and is a part of these Internet Access Terms and Conditions as if they
were fully set out in these Internet Access Terms and Conditions. For
the purposes of incorporation by reference as set out in this paragraph,
any reference to “Agreement”, “Customer”, “Company”
or “Service” in the Reasonable Use Policy is a reference
to these Internet Access Terms and Conditions, Customer, Linknet Company
or Internet Access Services respectively as defined in these Internet
Access Terms and Conditions. In determining which provisions of the
Reasonable Use Policy Terms and Conditions are or are not required by
the context of the Internet Access Terms and Conditions or any particular
clause or provision of the Internet Access Terms and Conditions, the
interpretation which best preserves the rights of Linknet will be adopted.
12: GOVERNING LAW AND JURISDICTION
12.1 The laws of New South Wales govern this Agreement. Each party submits
to the jurisdiction of the New South Wales Courts and Tribunals.
12.2 This Agreement contains the entire understanding between You and
Linknet. No other written or verbal correspondence affects the meaning
or interpretation of this document.
12.3 This Agreement overrides and cancels any previous agreements, whether
verbal or otherwise, arrangements or commitments between the Customer
and Linknet relating to Wireless Broadband Internet Connection Services.
12.4 Where software is supplied to You by Linknet, You agree to abide
by any associated copyright and licensing restrictions including but
not limited to, the number of computers the software is installed on,
sublicensing the software and assignment of Your rights and obligations
to the software.
12.5 In using Linknet’s Wireless Broadband Service the Customer
agrees to be bound by Linknet’s Standard Terms and Conditions
as displayed at the Linknet Internet web site http://www.linknet.com.au
The Customer understands that Linknet’s Standard Terms and Conditions,
and Linknet’s Wireless Broadband Terms and Conditions can be amended
from time to time and the Customer should visit the Linknet Internet
web site regularly to be aware of any changes.
I hereby acknowledge that I have read and understood this the
Wireless Broadband Internet Access Terms and Conditions.
Signed by the customer: ________________________ Date: ___
/ ___ / ____
Printed Name: ___________________________________
v050505
|