Access
terms and conditions (all accounts and packages)
TERMS AND CONDITIONS
OF SERVICE USAGE
Definitions:
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"GoCentral" means GoCentral
ISP, a subsidiary of GoCentral, ABN 85 482 339 034.
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"The Client" means the
person named as such in this document or the Client who uses any of GoCentral
services.
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"Internet access" means
supply of Internet data from interconnected external servers and cached
data from our own servers. It does not include supplying or maintaining
Client's equipment, software, telephone lines or technical support other
than that referred to in this document.
GoCentral agrees to
supply Internet access to the Client.
The Client agrees
that:
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Pricing is GST inclusive.
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Payments will only be
accepted by Credit Card, Bank cheque or Business cheque. (personal cheques
are not accepted)
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GoCentral does not provide
any software in relation to accessing the Internet.
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The speed and quality
of Internet access depends on a variety of things, many of which are beyond
the control of GoCentral.
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GoCentral is not responsible
for the accuracy or appropriateness of any data on the Internet.
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GoCentral does not warrant
or endorse any software available on the Internet.
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Modem connection speeds
often do not reach the maximum stated by the modem manufacturer for a variety
of reasons beyond the control of GoCentral
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Advice on changing your
computer settings found at GoCentral's web site or verbally from GoCentral's
staff is only advice and should not be followed without first contacting
your own support technicians or administrative staff and discussing such
changes. Additionally, such changes will not be carried out without first
backing up your current configuration, software and data.
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The Terms of Usage governing
Internet access through GoCentral as outlined below and subsequent changes
to the Terms of Usage, will be adhered to.
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If the Terms of Usage
governing the use of Internet access are not adhered to, GoCentral may
at it's discretion, cancel the clients accounts without refund.
The Client indemnifies
GoCentral against any action that may result from their accessing the Internet.
GoCentral will from time to time, revise the Terms of Usage that govern
Internet access by the Client. These Terms include, but are not limited
to:
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On-line access and time
limits for the Client. (where applicable)
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Limits on the volume
of data uploaded and downloaded by the Client. (where applicable)
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Excess usage fees. (where
applicable)
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Terms of payment.
GoCentral may alter
the Terms of Usage by:
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Advising the Client
by e-mail to their GoCentral e-mail address.
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Publishing the Terms
of Usage on their Internet site located at www.GoCentral.com.au/terms/terms.htm
(this page)
Any such changes in
the Terms of Usage will apply in force as if included in this agreement.
Additional Terms
of Usage
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GoCentral will publish
special package offers that Clients may subscribe to. Conditions of access
and charge rates in GoCentral package offers will be considered as rules
that will apply in force as if included in this agreement.
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The Client will not,
whether through deliberate action or inaction or carelessness, damage GoCentral
software, hardware, data or reputation.
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The Client will not
disclose confidential passwords or access codes registered with GoCentral
and will notify GoCentral without delay if any of these are disclosed to
other parties whether deliberately or by accident.
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The Client may not use
their Internet access to annoy, harass, harm, embarrass or disparage other
Internet users.
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The Client must not
use their Internet access for any illegal purpose or in any illegal manner.
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The Client must not
use their internet account for commercial purposes unless they have subscribed
to a package offer that is designated as suitable for commercial use.
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Any IP address allotted
to the Client by GoCentral remains the property of GoCentral and can be
changed or withdrawn at any time by GoCentral as deemed fit.
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The Client incurs all
telephone service charges in dialing up to access any GoCentral service.
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GoCentral may terminate
the Client's Internet access immediately if the Client breaches this agreement
or the Terms of Usage.
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GoCentral may terminate
the Client's Internet access immediately if the Client fails to pay any
charges applied.
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GoCentral, at its discretion,
can terminate this agreement and the Client's Internet access at any time,
without notice, subject to refunding unused portions of the Client's subscription
fee on a pro rata basis.
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The Client may cancel
their package at any time and get a pro rata refund on unused portions
of the package less a cancellation fee of 50% of the unused portion of
the package. Where a package is governed by both date and hours used, the
greatest used portion of date or hours will be deemed to be the used portion.
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Other than stated by
the Terms of Usage, GoCentral does not have to make any refund of the Client's
fees.
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GoCentral will not enter
into an agreement to provide Internet access to persons under the age of
18 years.
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GoCentral reserves the
right to refuse any application for Internet access at their discretion.
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GoCentral may delete
any computer file it sees fit from any of its servers at any time, regardless
of the amount of time the information has been stored for.
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GoCentral may keep any
records it deems necessary to provide accurate and reliable service for
billing or for any other purpose.
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The sending of "bulk e-mail" (a singular e-mail
to more than 20 recipients) through any GoCentral server will be deemed
as a breach of the Terms of Usage unless written permission is sought from
and supplied by GoCentral. Furthermore, at the discretion of GoCentral, dialing
into GoCentral to effect the sending of "bulk e-mail" as defined above, may be
deemed as making nuisance calls to our dial-in numbers and may be reported by
GoCentral to an appropriate authority.
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The term 'Unlimited Hours*' is based on a reasonable
level of usage. For the purpose of this agreement, a reasonable level of usage
shall be defined by the total average usage of other GoCentral users on the
same or similar packages.
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GoCentral reserves the right to attach 2 lines of
text to the bottom of outgoing e-mail on a random basis. To prevent these lines
of text from being attached, the client agrees to send all mail in a HTML format
by making changes to the settings of the e-mail program which is being used to
access e-mail.
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GoCentral will not rent sell or otherwise release
e-mail addresses (unless obliged by law to do so) of people sending e-mail to the
Client or visa versa. Except for logging purposes, GoCentral will not collect such addresses.
GoCentral will not contact people at such addresses without permission from the
Client except for the purpose of informing the sender of a failed e-mail delivery
resulting from a server error, an unknown user, a virus infected file or unless
the sender has contacted GoCentral first by way of e-mail or telephone.
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Where portions of the Terms of Usage are invalid
or unenforceable, that portion will be struck out and the remaining
Terms
of Usage will remain in force.
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Any notices from GoCentral
to the Client will be transmitted to their e-mail address on the GoCentral
domain. They will have been deemed to have received such material within
three working days of its transmission.
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The Client is responsible
for all usage on their account and any charges arising thereof.
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The parties submit to
the law of the Australian State where the primary connection to GoCentral
is made, in relation to the interpretation of this agreement, or any dispute
arising out of it.
This agreement, other
than the Terms of Usage previously mentioned, constitutes the entire agreement
between GoCentral and the Client where a signed agreement in not in place. |
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