Terms and Conditions
(i) Definitions
(ii) Payment and Service Terms
(iii) Internet Access
(iv) Usage Rules
(v) Account
(vi) Downtime
(vii) Available Space
(viii) Records
(ix) Disclaimer
(x) Trade Practices Act / Consumer Protection
(xi) Indemnity
(xii) Termination
(xiii) Notices
(xiv) Miscellaneous
(i) Definitions
* Account means a Logon ID and Password allowing Users to access the Service.
* Information includes, but is not limited to, digital data accessible through an Account, irrespective of the form in which it is finally presented to or recreated by the user.
* User means the person or group which contracts with Spitfire Internet Services pursuant to this agreement for the Service.
* Service means the provision of Internet access to the User.
In this agreement unless a contrary intention appears, words importing the singular include the plural and vice versa. Headings are for ease of reference only and do not affect the interpretation of this agreement.
(ii) Payment and Service Terms
All charges are payable monthly in advance. Prepayments will be accepted. Spitfire Internet Services reserves the right to suspend accounts where:
1. arrears remain unpaid in excess of thirty days from invoice date,
2. an account is considered to be inactive. ( ie: if it has not been used for three consecutive months or more and Spitfire Internet Services has not been notified ),
3. an account has been misused.
A suspended account may be re-instated, and if so, will attract any associated fees.
You may choose to discontinue the service by advising Spitfire Internet Services at any time, in writing. Your request will be put into effect as from the end of the current month, wherever possible.
A Spitfire Internet Services individual dial-up account provides full Internet access, including world wide web browsing, chat, file download, available online gaming, E-mail and newsgroup access.
Extra email accounts are an add on to an individual dial-up account, are only e-mail accounts, should not be used for dial-up access, do not provide full Internet access, including world wide web browsing, chat, file download, available online gaming or newsgroup access.
Spitfire Internet Services supports Windows ME, NT, 2000, XP, Vista, Unix/Linux and Mac OS X computers. Spitfire Internet Services technical staff can configure your computer with the necessary software. Simply contact our technical office so arrangements can be made. There is a separate charge for this service. If you require a general clean-up of your computer, additional telephone support or personal training to get started on the Internet, we can also arrange this for a service fee.
(iii) Internet Access
The conditions under which Spitfire Internet Services gains access to the Internet and the scope of services available on the Internet may change from time to time and Spitfire Internet Services reserves the right to pass on any such changes to the User.
(iv) Usage Rules
Users must comply with the following Usage Rules:
1. The Services must not be used for any purpose or activity which is illegal or fraudulent in nature or otherwise in breach of any law, or of any rule, condition or guideline relating to the use of the Internet and the networks which make up the Internet, which may apply from time to time.
2. Connection Time: Spitfire Internet Services reserves the right to automatically log-off Users after a reasonable period of inactivity.
3. Without limiting the generality of these rules, Users must not use the Service to perform any activity which is:
i) prohibited under the Telecommunications Act 1989 (as amended); or
ii) constitutes a breach of intellectual property.
Users may not use the Service to deal with material which is deemed to be unacceptable.
Users must not use the Service in any other way which in the opinion of Spitfire Internet Services is an abuse or misuse of the Service or Account.
These rules are subject to change from time to time at the sole discretion of Spitfire Internet Services.
(v) Account
The User will be provided with an account having a Logon ID and Password.
The Account is solely for the User's access.
Users will at all times be responsible for any use which is made of their Account.
The Logon ID and Password must not be disclosed to any other person.
Spitfire Internet Services suggests that the Password not be written down, stored on or near any computer used to access the Account or in any communications or other program used to access the Account. If it is suspected at any time that unauthorised access or use of a User's Account is occurring, Spitfire Internet Services must be informed immediately so that appropriate action may be taken.
(vi) Downtime
Spitfire Internet Services will endeavour to maintain a continuous and uninterrupted connection with the Internet and a capacity for Users to access the Service. However, the parties acknowledge that access to the Service may be limited or not possible due to system failure beyond the control of Spitfire Internet Services or for reasons of system maintenance.
Spitfire Internet Services will endeavour to perform any system maintenance which may affect Access Privileges at times of anticipated minimum system usage. Without assuming any liability for not doing so, Spitfire Internet Services will attempt to give notice of the time and duration of such maintenance.
(vii) Available Space
The Available Space provided by Spitfire Internet Services should not be used to store valuable or otherwise important information of the User. Users should keep copies of any information stored in the Available Space. While Spitfire Internet Services guarantees the availability of the amount of Available Space paid for by the User, Spitfire Internet Services cannot guarantee and makes not warranty, representation or promise as to the security or integrity of any information stored in the Account File Space.
(viii) Records
Spitfire Internet Services may maintain such records as it requires to determine appropriate usage charges and compliance with the Usage Rules.
(ix) Disclaimer
This section is subject to the section headed Trade Practices Act/Consumer Protection below.
Spitfire Internet Services makes no warranty, representation or promise not expressly set out in this agreement. Spitfire Internet Services disclaims and excludes any and all implied warranties of merchantability, title and fitness for a particular purpose.
Spitfire Internet Services does not warrant that the Service or Account will satisfy the User's requirements or that the Service or Account is free from defect or error or that the operation of the Service or Account will be uninterrupted.
Spitfire Internet Services is not responsible for the content and range of Information accessible on the Internet through the Service and Account.
Spitfire Internet Services does not censor, edit, manipulate or otherwise modify any such Information.
Spitfire Internet Services makes no warranty, representation or promise that such Information is representation or promise that such Information is accessible, true, error or virus free, merchantable or fit for any purpose.
Spitfire Internet Services will not be responsible for any loss of profits, loss of business, loss of Information, interruption of business or any other direct, indirect, incidental, special or consequential loss or damage suffered by the User or any third party as a result of the use of the Service or Account or arising under or outside of this Agreement.
Spitfire Internet Services aggregate liability arising from or relating to this Agreement, the Service or the Account is limited to the payments made by the User for the current quarter or to the resupply of the Services at the option of Spitfire Internet Services.
(x) Trade Practices Act / Consumer Protection
The above section, "Disclaimer" is subject to any rights the User may have under the Trade Practices Act 1974 or any equivalent state or territory legislation which cannot be excluded or restricted. To the extent to which any such rights may be restricted then Spitfire Internet Services's liability may be limited at the option of Spitfire Internet Services to supplying the Service again, or the payment of the cost of having the Service supplied again.
(xi) Indemnity
The User indemnifies Spitfire Internet Services from and against all actions, claims, suits, demands, damages, liabilities, losses, costs and expenses arising out of or in any way connected with the User's use of the Services and Account.
(xii) Termination
Spitfire Internet Services may immediately terminate this Agreement by notice to the User if the User has breached any of the other terms of this Agreement or Spitfire Internet Services determines that the User's access to the Service has been in such a way as to breach the Usage Rules.
Either party may by written notice terminate this agreement at the end of any period for which the User has paid the appropriate fees.
(xiii) Notices
All notices to the User under this Agreement may be delivered to the address given by the User in the application form, faxed to the facsimile number (if any) given by the User in the application form or by electronic mail to the User's Account. A notice will take effect from the time it is received unless a later time is specified. A letter is taken to be received on the third day after it is posted.
All notices to Spitfire Internet Services may be delivered to:
Spitfire Internet Accounts
PO Box 205
Campbell, ACT 2612
or by electronic mail to: accounts @ spitfire.com.au
Spitfire Internet Technical Services
PO Box 205
Campbell, ACT 2612
E-mail: technical @ spitfire.com.au
Physical / Phone
Please Phone 1300 55 33 24 for an appointment
Fax: (02) 6162 3131
(xiv) Miscellaneous
Exercise of Rights: Spitfire Internet Services may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by Spitfire Internet Services does not prevent a further exercise of that or of any other right, power or remedy. Failure by Spitfire Internet Services to exercise or delay in exercising a right, power or remedy does not prevent its exercise.
Waiver and Variation: A provision of or a right created under this agreement may not be:
i. waived except in writing signed by the party granting the waiver, or
ii. varied except in writing signed by the parties.
Approvals and Consents: A party may give conditionally or unconditionally or withhold its approval or consent in its absolute discretion unless this agreement expressly provides otherwise.
Remedies Cumulative: The rights, powers and remedies provided in this agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this agreement.
Survival of Indemnities: Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement.
Enforcement of Indemnities: It is not necessary for Spitfire Internet Services to incur expense or make payment before enforcing a right of indemnity conferred by this Agreement.
Governing Law: This Agreement and the transactions contemplated by this Agreement are governed by the law in force in the Australian Capital Territory.
Jurisdiction: Each party irrevocably and unconditionally submits to the jurisdiction of the courts of the Australian Capital Territory and the courts of appeal from them for determining any dispute concerning this Agreement or the transactions contemplated by this Agreement. Last ammendment 4/02/2002