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Definitions
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"Depot IT" is Depot IT Pty Limited. (ACN. 093
193 027).
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The "Customer" is the individual or corporate
entity subscribing to the Services or purchasing Goods provided by
Depot IT.
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The "Services" includes any access and
services related to the World Wide Web known as the Internet.
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The "Goods" are any goods, equipment, hardware
or software provided by Depot IT to the Customer.
Agreement
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By using the Services provided by Depot IT or
by purchasing Goods from Depot IT the Customer agrees to be bound
by these terms and conditions of use.
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Depot IT reserves the right to modify charges
and/or its Terms and Conditions with no less than 14 days notice
of such changes to the Customer via email.
Censorship Policy
The following censorship policy has been
established, in order to educate customers about their rights and
responsibilities as they browse the Internet.
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The World Wide Web contains a vast amount of
information. Some of this information is classified by the
Australian Broadcasting Authority (ABA) as being unsuitable for
viewing by Australian Internet users. It is illegal for Australian
Internet users to post to or visit web sites with content that
depict sexual activity, child pornography, or excessive violence.
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We feel that our customers are responsible
enough to ensure that they do not post to or visit any illegal web
sites and hence we do not at any time audit or review the way in
which our customers use the Internet. However, customers should be
aware that activity logs can be obtained by legal authorities when
subpoenas or warrants are issued.
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For more information regarding what material
can be posted on the Internet, please contact the Internet
Industry Association (http://www.iia.net.au/).
Privacy Policy
We respect the privacy of all our customers, and
as such have adopted the following privacy policy to protect the
personal information we collect from you.
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We collect information from all customers
before they commence using our services. The information collected
remains confidential and will not be released without the
Customer's prior consent. Personal information is collected for
the purpose of identification of the person that is using the
Services and to establish the individual level of service
required.
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Depot IT protects the personal information it
holds from loss, unauthorised access, modification or disclosure
by various means including the use of firewalls, password access,
secure servers and encryption.
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Personal information collected by Depot IT
will not be sold.
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Depot IT may provide personal information
collected to:
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third parties engaged by Depot IT solely for
the purpose of performing functions on its behalf, such as
processing credit card transactions, performing debt collection
and sending mailouts;
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legal authorities in response to subpoenas
or warrants if illegal activity is suspected.
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Information from visitors to the Depot IT web
site may be collected. This Information remains confidential at
all times, it will not be sold for marketing purposes. Nor will
any attempts be made to contact visitors, unless they indicate
otherwise.
Supply of Goods
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The risk in Goods shall pass to the Customer
upon pickup of the Goods from Depot IT for the purposes of
delivery to the Customer.
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All Goods remain the property of Depot IT
until paid for and funds are cleared in full. The Customer shall
not acquire or retain any rights, title or interest in Goods until
the Customer pays to Depot IT the purchase price in full.
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A 15% restocking fee applies on cancellation
of orders unless cancelled within 1 working day of receipt of the
order.
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If the Customer has not paid for any Goods
when payment falls due then Depot IT may at any time thereafter
enter the Customer's premises where the Goods are reasonably
expected to be located and retake possession of those goods using
reasonable means without liability for trespass or any resulting
damage.
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Warranty terms on Goods are as follows:
Use of the Services
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Depot IT reserves the right to discontinue
Services in its absolute discretion if the account has been or is
being used for offensive activities or those considered poor net
etiquette.
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Depot IT does not guarantee uninterrupted or
error free Services, and will not be liable for Services downtime
and/or loss of data unless provided for under a service contract.
At certain times Depot IT may need to suspend the Services to
perform regular maintenance.
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During peak periods Unlimited Accounts may
suffer congestion.
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Depot IT Internet Access Accounts are provided
strictly to persons over the age of 18 years or with the consent
of a parent, teacher or other responsible adult. If a Customer is
found to be under the age of 18 and if consent has not been
provided by a parent, teacher or other responsible adult Depot IT
shall undertake to cancel all Services provided to the Customer
immediately.
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Depot IT recommends that concerned parents
supervise children in their exploration of the Internet as adult
material (eg nudity and pornography) is easily accessible. Please
refer to the Internet Industry Association (http://www.iia.net.au/) for
Information about online content.
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The use of the Services provided by Depot IT
to take part in spamming (sending unwanted email or news posts),
attempting to breach security or perform network probes, or
launching denial-of-service attacks (such as ping-flooding) is
strictly prohibited and will result in the immediate termination
of the Services to the Customer without notice.
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The Services shall not be used by any
individual or group of persons for any illegal of fraudulent
activities, including activities prohibited under the Australian
Commonwealth Tele-communications Act 1989 or under other
applicable Australian State and Commonwealth laws. Customers shall
not download and/or publish any material that would result in any
breach of copyright laws or which would result in Depot IT being
liable for any fees to APRA or any other person under or in
connection with the Copyright Act 1968.
Domain Name Registration or Transfer
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Where possible the Registrar-of-Record for the transfer of
existing domain names and the registration of new domain names will be the
auDa and ICANN accredited Domain Name Registrar, Melbourne IT Ltd.
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Processing times for registration of domain names is 1 to 5
business days, given that sufficient and valid registrant details are provided
on the application form. If further details or clarification is required, this
may delay the registration process.
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For .au domain names:
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For gTLD domain names:
Dial Up & ADSL Services
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Accounts require an opening payment which must
be paid before the account will be set up. Opening payments are as
follows:
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Access to a standard PSTN telephone service is
required and ADSL Services are subject to an ADSL service
qualification process.
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All phone services and phone call costs
incurred as a result of use of the Services are the responsibility
of the Customer.
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Dial up accounts provide access to the
Services for only one person. The Customer will not intentionally
connect to the Services more than once at the same time, if this
occurs Depot IT may lock the Customer account without further
notice.
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The Customer may change account plans at the
start of the calendar month. Notification of this should be
received by Depot IT by the last day of the calendar month for it
to apply to the next calendar month. Notice of such a change
should be made via email, postal mail or by contacting the
Administration Department by phone.
Publishing Internet Content
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Customer's providing or publishing content on
the Internet are advised that Australian Internet users should be
aware that placing certain content on the Internet may give rise
to criminal or civil liability under applicable State, Territory
or Commonwealth law.
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Placing content on the Internet may also give
rise to civil liability.
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The following categories of Internet content
are prohibited from being hosted on Depot IT servers:
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Content which is (or would be) classified RC
or X by the Classification Board. Such content includes:
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material containing detailed instruction
in crime, violence or drug use;
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child pornography;
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bestiality;
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real depictions of actual sexual activity;
and
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excessively violent or sexually violent
material.
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Content hosted in Australia which is
classified R and not subject to a restricted access system which
complies with criteria determined by the ABA. Content classified
R is not considered suitable for minors and includes:
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material containing excessive and/or
strong violence or sexual violence;
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material containing implied or simulated
sexual activity;
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material which deals with issues or
contains depictions which require an adult perspective.
Changes to Account Status
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Depot IT reserves the right to terminate or
suspend dealings with the Customer without notice due to breaches
of the Terms and Conditions or should payment become overdue for
any reason. The Customer will remain liable for all outstanding
fees upon termination or suspension of the account and Service
fees will continue to accrue whilst the account is suspended.
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Excepting the above an account may be
terminated by either party at any time. Notification of this
should be made via email, postal mail or by contacting the
Administration Department by phone. The account will be closed at
the end of the calendar month in which the request for account
termination was made.
Fees and Charges
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Tax Invoices, Statements and Receipts are
normally sent via email only. Faxing or mailing printed statements
will be charged at an additional rate of $1.00 per month if the
minimum monthly amount or the invoice amount does not exceed
$100.00. If an amount remains unpaid after the due date then the
Customer will become liable to pay an administrative fee of $5.00
per month.
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In addition if an amount remains unpaid after
the due date then the Customer will become liable to pay interest
on that amount until it is paid in full. The rate of interest is
the Reserve Bank's Official Cash Rate plus 6%.
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Depot IT may choose to waive the additional
fees and charges in its absolute discretion.
Payments
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Payment terms are strictly per Tax Invoices
sent to the Customer and payment must be made on or before the due
date.
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If credit card details have been supplied for
billing purposes, this is taken as permission to bill this card
for any money owing to Depot IT. Customers who supply credit card
details will have payment automatically deducted from the
nominated card on or after the due date of the Tax Invoice.
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Depot IT may offset amounts owed by the
Customer against amounts paid in advance by the Customer. Accounts
with monthly charges incur charges whether or not the account is
used during that month.
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Any unused portions of prepayments are
refundable to the Customer upon termination of the account.
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The Customer shall pay the reasonable expenses
incurred by Depot IT in the recovery of funds owing, including but
not limited to costs for serving notices and demands, collection
agency fees, attorney fees and court costs.
Severability
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If any provision or part of a provision of the
Terms and Conditions of this Agreement is held to be
unenforceable, invalid or at conflict with the law of any relevant
jurisdiction, then any part so held shall be read down to the
minimum extent necessary to render it enforceable and valid and if
incapable of being read down it shall be severed and the remainder
of the Terms and Conditions will remain in full force and effect.
Law
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This Agreement shall be governed by and
construed in accordance with the laws for the time being in force
in the State of New South Wales and the parties agree to submit to
the jurisdiction of the courts and tribunals of that State.
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The use of the Goods and Services is at the
Customer's own risk. Depot IT will not be held liable for any
consequential loss or damage arising from the use or inability to
use any of its Goods or Services.
Dispute Resolution
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