Jetnet Access - Terms and Conditions

Standard Terms and Conditions for the Supply of Internet Goods and/or Services.

1. Terms and Variation
1.1. These are the standard terms and conditions (Terms) of Primebase Pty Ltd T/A Jetnet Access ABN 33 066 387 157 (Jetnet). Please read these Terms carefully as they set out your rights and obligations when using any of the services offered by Jetnet including Internet access, wireless Internet access and related services such as email (Service/s). If you wish to use a Service you must comply with these Terms.

1.2. Use of the Service constitutes unconditional acceptance of these Terms.

1.3. Jetnet may modify these Terms and/or its Service offerings (by adding, varying or withdrawing Services including as to pricing, composition or operation), either by email to your nominated email address, or in its newsletter or by general notice on the Jetnet web site . It is your responsibility to read email alerts, newsletters and check the web site for any changes to terms and conditions. Any use of the Service after the date of the email or publication will mean that you have accepted the modification/s.

1.3. Additional terms and conditions may also apply to specific Services. Any such additional terms will be deemed incorporated into these Terms and will prevail to the extent of any inconsistency.

2. Service
2.1. You may register for Service by the online registration page within the Jetnet web site; via your accommodation provider’s Internet or Intranet site; or by any other means offered by Jetnet from time to time.

2.2. You warrant that you are over the age of 18 years of age or if you are not over the age of 18 you have obtained the consent of your parent, guardian or other responsible adult before registering for the Service.

2.3. You also warrant that all information you provide to Jetnet is true and correct. You must notify Jetnet if any of your relevant details change.

2.4. You, as account holder, are the only person authorised to request account information, make account changes or receive customer service or support.

2.5. Jetnet is not able to provide support for software not supplied by Jetnet. This also includes software downloaded from the Internet.

2.6. The Service provided is not fault free and relies on factors outside the control of Jetnet. The Service is provided to you by such means as Jetnet decides from time to time.

2.7. Any Internet Protocol address assigned to you by Jetnet in connection with a Service ("IP Address") are non-transferable and will be used only in connection with that Service. In the event you discontinue use of a Service for any reason, or this Agreement expires or is terminated for any reason, your right to use the IP Address will terminate and the IP Numbers will immediately be returned to Jetnet without the need for further notice.

2.8 Where you require additional installation services that fall outside the above listed scope of works you will be responsible to negotiate the cost of such work and will be charged by the third party installation company directly for any such additional work.

The you will ensure that Jetnet and its third party suppliers are provided with reasonable and timely access to the Customer's premises in order to provide and maintain the Service.

3. Charges
3.1. You must pay all charges (Charges) for the Service as stipulated by Jetnet from time to time together with any GST associated with the Service. In particular you must pay all plan fees, time charges, minimum charges and other amounts you incur (or your designated users incur) or are incurred as a result of any use of your password (whether authorised or not) and/or the Service. Charges may also include amounts for any purchase made through any Service or any surcharges incurred while using any supplementary networks or third party services.

3.2. You must pay for all Charges as directed by Jetnet from time to time. Upon registration of a credit card account, you give Jetnet authorisation to automatically debit your credit card and all subsequent cards issued in renewal of that card for all charges, including after suspension or termination of your Service for any reason whatsoever.

Transient client’s (those who reside less than 6 months) residing in a facility serviced by Jetnet will be billed in advanced for the period specified by the client. Billing for Jetnet’s services is charged in accordance with the designated time period (e.g. per day, per week) that you select to access Jetnet’s services. You will be billed for the period in which you have requested access to Jetnet’s services rather than the actual pro rata time that you have accessed the service.

For permanent client’s who reside more than 6 months in a facility serviced by Jetnet the billing period is on a monthly cycle beginning 30th of each month. If you create an account on the 20th of a month a pro-rata amount for the remainder of that month will be calculated and charged, along with the standard ensuing monthly amount. Billing of Charges (Charges) for Service will commence on registration. Monthly plan charges and recurring charges shall be invoiced monthly in advance.

3.3 For monthly permanent client’s charges will continue automatically until the account is properly cancelled and all Charges are fully paid. Customers must advise Jetnet immediately if the renewal date on the offered credit card falls on anything other than an anniversary date of the issue date. If your financial institution fails to honour a payment of Charges then you must pay the amount owing directly to Jetnet.

3.4. Charges must be paid even if your computer is not working, the Internet is not available or the Jetnet network is temporarily down or you are unable to use the Service for any other reason. You must pay disputed Charges. A credit will be issued at a later date if Jetnet decides that this is appropriate.

3.5. You consent to Jetnet obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Jetnet of an application for credit (whether commercial or personal) and/or for the purpose of the collection of payments which are overdue. In accordance with the Privacy Act 1988 Jetnet may report to a credit reporting agency that you are in default of the trading terms of these Terms and/or because it was necessary to hand over the account to a collection agency to obtain payment.

3.6. Jetnet services can only be paid for by a valid credit card.

4. Taxes
All Charges are inclusive of GST unless otherwise noted. Where a Service is or becomes subject to a GST or any other tax, duty or levy (“Tax”), and the Charges are not already inclusive of the Tax, you authorise Jetnet to charge you for the Tax in addition to the Charges paid or payable in respect of the Service. The Tax is payable at the same time the Charge for the Service is payable.

5. Customer Costs
In addition to all Jetnet Charges, you must provide and pay for all communication, connection and equipment charges necessary to use the Service including telephone lines and all other equipment needed to access the Service at your own cost. Jetnet bears no responsibility for any telephone call charges, whether local, STD or international you incur using or attempting to access the Service. This responsibility applies whether this number is selected by you or advised to you by Jetnet. Jetnet makes no representations as to the nature of any access telephone number supplied to you.

6. Use of Service
6.1. Jetnet will provide you with a unique username and password which you agree not to disclose to any third party.

6.2. When using the Service you must comply with these Terms, Jetnet Acceptable Use Policy (please click here to view the Policy) and any other instructions that Jetnet may give you from time to time. Jetnet will cooperate with law enforcement agencies and other ISPs to control and prevent unacceptable behaviour and may implement automated mechanisms to prevent behaviour which is or may be in breach.

6.3. You accept responsibility for all information and material you issue over any Service, and indemnify Jetnet against any liability in relation thereto. In particular you undertake that you will not publish or issue any information which is illegal. You also acknowledge that Jetnet does not vet or approve any information or material available through the Service. You access and use such information and material at your own risk.

6.4. You must comply with any rules imposed by any third party whose content or service you access using the Service.

6.5. The Australian Broadcasting Authority is permitted at law to direct Jetnet to remove prohibited content from its servers or to prevent users from accessing certain Internet content. Jetnet will take all necessary steps to comply with any such directions including removing any content (or the entire website of which such content is part), or closing or suspending your account.

6.6. You must not resell or attempt to resell the Service. You may only use the Service for personal non-commercial purposes unless otherwise permitted in writing.

6.7. You are responsible for backup of all information or content associated with the Service.

6.8. Jetnet may monitor your account to ensure that you are complying with these Terms. Jetnet may investigate any alleged misuse of the Service and may involve police or other law enforcement agencies in doing so. Such investigations may be conducted without notice to you. Jetnet will also cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally binding notices.

6.9. Jetnet may take all reasonably necessary steps to ensure the efficient operation of the Service including (but not limited to):
• deleting emails that are excessively large or in any event all emails (whether read or unread) after a specified period of time;
• disconnecting you after a specified time period of use or idleness;
• deleting content where your personal website exceeds specified limits.

7. Security
7.1. You are responsible for the security of your account. Measures that you must take include:
• choosing your password and taking steps to ensure it is not obvious;
• not disclosing your password to any third party;
• changing your password at regular intervals;
• safely storing your password;
• exercising caution when downloading content and materials over the Internet.
Measures we recommend you take include but are not limited to:
• ensuring your computer system is up to date and secure;
• maintaining current anti-virus firewall and any other appropriate security measures.

8. Privacy
You acknowledge that Jetnet will, by virtue of the provision of the Services under this Agreement, come into possession of your information and data. This information and data ("Data") may include, but not be limited to, data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of data transmissions, and other data gathered as part of providing the Service or necessary for the establishment, billing or maintenance of the transmission), data containing your personal and/or private information as defined in the Privacy Act, 1988, and other data provided to or obtained by Jetnet in connection with the provision of Services under this Agreement. You acknowledge and agree that Jetnet may use, process and/or transfer Data (including intra-group transfers and transfers to entities in other countries that do not provide statutory protections for personal information): (a) in connection with provisioning of Services; (b) to incorporate the Data into databases controlled by Jetnet for the administration, provisioning, billing and reconciliation, verification of your identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, and market and customer use analysis; and (c) to communicate to you about products and services of Jetnet or its partners via its newsletter or email from time to time. Jetnet and you will comply with the Jetnet Privacy Policy (as amended from time to time). Please click here to view Jetnet’s Privacy Policy.

9. Termination
9.1. Subject to any designated term associated with a Service, the Service may be terminated by you or Jetnet at any time by providing notice in writing which notice will take effect at the end of the Billing Period in which the notice is provided.

9.2. Jetnet may immediately terminate the provision of any or all Services if:
• you breach any of these Terms;
• you have provided false, misleading or incomplete information to Jetnet;
• where your nominated payment method is refused or dishonoured;
• Jetnet forms the opinion in good faith that you are or may be insolvent;
• Jetnet for whatever reason ceases to provide the Service.
All outstanding Charges become immediately payable on giving of such notice and in no circumstances will you be entitled to any refund of payments made under this Agreement.

9.3. Once your account with Jetnet has been terminated for any reason (including voluntary closure) or is inactive for a period of 30 days or longer, Jetnet may delete all of your data from any storage media. This data includes, but is not limited to, that contained in backup tapes, mail boxes and any other personal data.

10. Suspension of Service
Jetnet may from time to time without notice suspend any Service or disconnect or deny you access to any Service:
• during any technical failure, modification or maintenance involved in the Service provided that Jetnet will use reasonable endeavours to procure the resumption of the Services as reasonably practicable;
• in an emergency or for other security or safety reasons; or
• if you fail to comply with any of these Terms (including failure to pay Charges due) until the breach (if capable of remedy) is remedied, or if you do or allow to be done, anything which in Jetnet opinion may have the affect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

11. Exclusion of Liability
11.1. Jetnet is not liable for any cost loss or damage that you or any person using your account may suffer from using:
• (a) the Service (including loss of data, delays, non-deliveries, mis-deliveries, service interruptions, whether or not as a result of negligence or act or omission of Jetnet; or
• (b) any content accessed through the Service (including inaccurate, incomplete or out of date information).
11.2. Jetnet will not be responsible for any third party telecommunication charges incurred by you in accessing the Service.

11.3. Except for any conditions or warranties Jetnet is required by law to give, Jetnet makes no statement, warranty or promise about the quality or suitability of the Service.

11.4. Jetnet acknowledges that certain commonwealth and state legislation may imply into these Terms certain warranties and conditions that cannot be excluded, modified or restricted. However, Jetnet’s liability for any breach of such implied term or warranty will be limited at Jetnet’s option in any way permitted by the legislation including where so permitted and at Jetnet’s election:
• the supplying of the goods or Service again;
• or the payment of the costs of having those goods repaired or the Service supplied again.
11.5. Except to the extent set out in Clause 11.4 Jetnet excludes all liability to you or any other person using your account for any costs, loss, liability or damage (whether direct or consequential including any loss of profits, business or anticipated savings) arising out of these Terms or the supply of the Service either in tort, breach of contract, breach of warranty or for any other reason or cause whatsoever including as a result of any act, omission or negligence by Jetnet or its representatives.

11.6. You acknowledge that in choosing to use the Service you are aware that it is not continuous or fault free in nature and that you have made your own assessment that the Service ‘as is’ is sufficient to meet your requirements. You must ensure that your computer communications and software equipment is compatible with Jetnet‘s systems.

12. Indemnity
You indemnify Jetnet from and against any actions, claims, suits, demands, costs, loss, or liability (whether direct or consequential) arising out of or in any way connected to the use of the Service by you or any other person using your account.

13. General
13.1. The Customer cannot assign its rights under any agreement with Jetnet without the prior written consent of Jetnet (which may not be unreasonably refused). Jetnet may at any time assign this Agreement to a third party by providing you notice of same.

13.2. Failure by Jetnet to act immediately on any right under these Terms does not waive such right.

13.3. This Agreement is governed by the laws of Western Australia and the parties submit to the jurisdiction of the Western Australian Courts and Tribunals.