TERMS AND CONDITIONS
These are the Terms and Conditions on which we will provide you with access to the Internet.
Some of the words used in these Terms and Conditions have particular meanings, which are set out below.
These Terms and Conditions contain the entire agreement between you and us. It sets out the only matters relied upon by you and us and supersedes all earlier matters between us.
MEANINGS
“Agreement” means the front page of this document and these Terms and Conditions.
“Force Majeure” means any circumstance beyond our reasonable control which results in us being unable to provide the Services as required by this agreement.
“Internet” means the worldwide connection of computer networks providing further transmission of electronic mail, online information, information retrieval and file transfer protocol.
“Service” means interactive dial-up access to our connection to the Internet.
1. Term of Agreement
1.1 This agreement will continue indefinitely after the expiry of the Initial Term unless it is terminated by either you or us by giving the other party 30 days’ written notice of termination.
2. Providing the Service
We will provide you with the Service in accordance with this agreement by such means as we determine. The Service is not fault free but we will endeavour to ensure that and you receive the same quality of service as we provide to our other customers. We will inform you if the Service is unavailable for access due to maintenance. We will provide you with all identification and log in information required for connection to the Service. We may retain and access any data or information concerning the use of the Service.
3. Access to the Service
3.1 You will provide the telephone line, modem, computer, hardware, software and all other equipment necessary to access the Service.
3.2 You will not assign, sell, delegate, alienate or transfer or otherwise dispose of in any way your obligations under this agreement.
3.3 You will be responsible for maintaining the secrecy and confidentiality of your log in information.
3.4 You will not disclose to any other person, corporation or entity or organisation any identification or log in information relating to the Service or us.
3.5 You will be liable for all charges resulting from the use of the Service accessed through your identification or log in information whether or not you authorised the access.
3.6 You will be responsible for any charges or misuse of the Service which result from your disclosure or loss of identification or log in information. If you disclose or lose your identification or log in information you should immediately advise us.
3.7 Any bill we presented will be deemed to be correct and prima facie evidence of all connections, access, usage and other fees incurred by you.
3.8 We will erase your identification or log in information within 7 days of termination of this agreement or after we receive a written request to do so from you.
4. Use of Service
While using the Service you will:
(a) only use software that you are legally entitled to use and not use any software in breach of copyright;
(b) not interfere with or disrupt Internet users, Service providers, their computers, software or hardware. This includes not circulating any unsolicited publicity or advertising material, propagation of computer worms or viruses, using the Service to make an unauthorised access of any other computer accessible by the Service, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery or attempted forgery of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet;
(c) not engage in any bulk transmission of messages to unsuitable Internet users or Service providers;
(d) not access, or permit any other party to access, the Service for any purpose or activity of an illegal, fraudulent or defamatory nature;
(e) not reproduce, distribute, transmit, publish, copy, transfer, or commercially exploit any information accessed through or received from the Service that would be an infringement of any copyright, patent, trade mark, design or other intellectual property right;
(f) prepare and maintain sufficient back-up files and data storage capacity for your data including electronic messages.
4.1 You understand that:
(a) there is not and cannot in any way be any supervision, editing or control of the content or form of any information or data accessed through the Service and you shall not be hold us responsible in any way for any content or information accessed through the Service;
(b) there is no liability to us for any material on the Internet that you find offensive, upsetting, defamatory, personally offensive or in any way unsuitable for any person whether under or over the age of 18;
(c) there is no responsibility for us to provide training in the use of the Service.
5. Privacy policy
This Privacy Policy sets out the approach which Quik Internet will take in relation to the treatment of Personal Information. It includes information on how Quik Internet collects & uses, discloses and keeps secure, individuals' Personal Information. It also covers how Quik Internet makes the Personal Information it holds available for access to and correction by the individual.
This policy has been drafted having regard to Quik Internet’s' obligations under the Telecommunications Act 1997 and the Industry code-call Number Display, ACIF Code 522 on the Protection of Personal Information of Customers of Telecommunications Providers.
6. Collection of Information
6.1 Quik Internet will only collect Personal Information where the information is necessary for Quik Internet to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified, including the Call Line Identification regardless of whether a customer has blocked sending it.
6.2 Quik Internet collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. Quik Internet also collects and uses Personal Information for secondary purposes including:
(i) billing and account management;
(ii) business planning and product development; and
(iii) to provide individuals with information about promotions, as well as the products and services of Quik Internet.
7. Use of Information
7.1 Quik Internet will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.
7.2 Quik Internet Uses Personal Information primarily for the purposes listed in 7.1 above.
7.3 Quik Internet will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.
7.4 Quik Internet Uses Personal Information primarily for the purposes listed in 7.1 above.
7.5 Quik Internet will not use Sensitive Information for Direct Marketing.
7.6 Quik Internet may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
7.7 Quik Internet will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
7.8 Quik Internet will not attempt to match de-identified or anonymous data collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.
8. Information security
8.1 Quik Internet requires employees and contractors to perform their duties in a manner that is consistent with Quik Internet' legal responsibilities in relation to privacy.
8.2 Quik Internet will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Quik Internet who have a genuine "need to know" as well as "right to know".
8.3 Quik Internet will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
9. Access to information
9.1 Quik Internet will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
9.2 Quik Internet will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
9.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Quik Internet Customer Service
9.4 Quik Internet will not charge a fee for processing an access request unless the request is complex or is resource intensive.
10. Withdrawal of Access
We may withdraw your access to the Service without notice if:
(a) you fail to comply with these Terms and Conditions; or
(b) the agreement is terminated.
11. Paying Our Charges for the Service
11.1 We will send or make available to you via the internet an invoice every month for the Service.
11.2 You must pay us the amount set out in the invoice which will be calculated in accordance with the Charges which are detailed on the front page. These Charges may be changed at any time by us. We may increase or decrease the charges and or the hours of access per month for which the charge rate applies. We will inform you in advance of any changes in Charges and your continued use of the Service will be deemed acceptance of any such change.
11.3 You must pay by direct debit from your bank account or by credit card. You must sign the attached bank authorisation and return it to us. You must sign any other documentation required by your bank to allow the direct debit from your bank account or credit card. Your bank account or credit card will then be debited by us each month in the amount of your invoice. If your bank account or credit card is cancelled or valid fees are unable to be debited from your bank account or credit card, we will immediately withdraw your access to the Service.
11.4 The Charges are exclusive of any taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Service. You will be liable for any new taxes, duties or charges imposed after the date of this agreement in respect of the Service.
12. Indemnity and Limitation
12.1 You must indemnify us, our employees and agents against any loss, damage, liability, expense, cost or charge arising from or incurred in connection with any fault in the Service due to your breach of this agreement, negligence or wilful misuse or any unauthorised use of the Service.
12.2 To the maximum extent permitted by law, our liability and that of our employees and agents in connection with this agreement (including liability for negligence) is limited to:
(a) in the case of goods supplied in connection with this agreement, the replacement or repair cost of the goods (which ever is the lesser); and
(b) in the case of Services provided in connection with this agreement, the cost of supplying the Services again.
12.3 The agreement is qualified by any provisions of a statute which apply to the agreement and which cannot be excluded.
12.4 This clause applies even after the Service is terminated
13. Termination of Agreement by Us
13.1 We may terminate this agreement if:
(a) you are in breach of this agreement for more than 30 days;
(b) you become or threaten to become insolvent;
13.2 If this agreement is terminated by us, we may:
(a) retain any monies paid;
(b) charge a reasonable sum for work performed in respect of which sum has not been previously charged;
(c) be regarded as discharged from any further obligation under this agreement; and
(d) pursue any additional or alternative remedies provided by law.
14. Termination of the Agreement by You
14.1 If you wish to terminate this agreement you will have to inform us in writing.
14.2 You may terminate this agreement if the Charges are increased by us or by giving 30 days’ written notice at any time after the expiry of the Initial Term. If you wish to terminate the agreement because we increase the Charges you will have to do so immediately you are informed of the increase in Charges.
14.3 If you terminate this agreement before the end of the Initial Term for any reason except because the Charges were increased by us then you will have to pay to us the total of the minimum monthly payment for each month and part month from the date you terminated this agreement until the end of the Initial Term.
14.4 If you terminate this agreement because we increase the Charges then you will only have to pay us the total unpaid Charges up to the date the agreement is terminated.
14.5 There will be no refund of payments made under this agreement.
15. Force Majeure
We have no liability for any delay or failure to perform our obligations under this agreement if such delays are due to any Force Majeure.
15.1 Governing Law
This agreement will be governed by and construed in accordance with the law of the State of New South Wales.
16. Unlimited account Extra Conditions
16.1 Customers connect to the unlimited account on the 0198333114 or 66070114 dial-in number only
16.2 Only One login at a time is permitted.
16.3 Payment on this account is monthly and in advance. All payments are by credit card only and are non-refundable.
16.4 This service is not intended as a permanent connection , nor is it intended for commercial use. A 4hour hard limit applies. Member connected for more than 4 hours at a time will be disconnected, although immediate reconnection is available.
16.5 Quik Internet reserves the right to terminate the account for misuse of the service. Quik Internet also reserves the right to change or withdraw this plan at any time. Customers would be given at least one months notice of this.
16.6 During Peak periods modems may not always be available on this service.