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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
mail outs;
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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 all domain names registrable with Melbourne IT:
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; and
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material which deals with issues or
contains depictions which require an adult perspective.
Email Hosting & Email Retention Policy
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It is the Customer's responsibility to ensure that Email
received by Depot IT to Depot IT servers on behalf of the Customer
is downloaded in a timely manner.
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Email received on behalf of the Customer by Depot IT shall
be temporarily stored per the following guidelines:
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The Customer may at anytime remove (permanently delete)
Email stored by Depot IT on behalf of the Customer.
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All Email that has been downloaded or copied by the
Customer and has not been removed (permanently deleted) by the Customer
shall be retained on Depot IT servers for a period of not less than
30 days.
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All Email (downloaded or not) shall be retained by
Depot IT for a period of not less than 365 days.
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The Customer authorises Depot IT to remove
(permanently delete) email held on behalf of the Customer outside of the
above guidelines.
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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