Click here for details
|
 |
Please check our Terms and Conditions below
Printable Version
This agreement is by and between Cherry Internet and the Customer for the
provision by Cherry Internet of certain electronic communications services in
exchange for the payment of fees and compliance with conditions stated herein.
- Billing/Terms/Termination/Suspension. Cherry Internet will bill the customer the initial subscription and connection fees via e-mail as set forth in Cherry Internet’s current notice in writing to the customer. It is the customer’s responsibility to maintain current contact and correct credit information at all times. Auto-pay is a free service with no charges applied to the customer, it must be direct debited from a nominated credit card. With regards to the hourly variable plan a minimum charge applies per month (currently $5.5 (incl. GST)), there are no download charges. Also the account must have auto-pay attached. For simplified accounting purposes of the account, a rounding will be performed to make the calculations adhere to a cost per division of time unit. The Business E-mail plan is a dedicated line and will need 5 working days to be operational. This plan does not include registration/delegation/software setup charges, a download limit applies and if exceeded will be charged in arrears, this limit is not transferable. A 10% discount applies if paying on a yearly basis. Payment of the subscription and connection fees must occur before connection will be made and are non-refundable. Future payments are required in advance by the end of the connection period. The customer will be e-mailed future monthly accounts within two weeks of the expiration of their current period. It is the customer’s responsibility to check their e-mail. This is a continuing agreement until terminated by either party according to the terms listed herein. The service can only be terminated on thirty (30) days prior written notice by the customer. Subscription and connection payments are non-refundable. The customer may suspend their account if given notice (in writing) and reactivate their account on 24 hours notice (in writing) without penalty. Termination, suspension or cancellation does not necessarily remove the customer’s responsibility/obligation under this agreement. Upon termination or suspension of the account by Cherry Internet for the express reason of non-payment of invoices, a reconnection fee applies.
- No Warranties. With respect to services provided, Cherry Internet makes no warranties of any kind, whether expressed or implied, including any implied warranty or merchantability or fitness of this service for a particular purpose. Cherry Internet takes no responsibility for any damages suffered by the customer, including but not limited to, loss of data from deletes, non-deliveries, mis-delivery, or service interruptions caused by Cherry Internet’s own negligence or customer’s errors and/or omissions. Any liability of Cherry Internet will be limited to resupply of the service.
- Use of Service. This service may only be used for lawful purposes. Materials and/or transmission in violation of any state or federal regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by the trade secrets act. The customer agrees to indemnify and hold harmless Cherry Internet from any claims resulting from the customer’s use of this service which damages the customer or any third party.
- Limitations of Liability. Use of any information obtained via this service is at the customer’s risk. Cherry Internet specifically denies any responsibility for the accuracy or quality of information received or sent through its services.
- Conditions. The customer agrees he/she will only use this account for private OR business purposes NOT for resale or similar intentions. The customer also agrees they will be the sole user of this account. The account entitles the customer to one e-mail box. Connection time during peak periods (ie when the modem pool is full) is limited to a specific amount of hours per session and the customer agrees at all times to try to minimise the amount of data transferred and time usage over the Network as much as possible.
- Appropriate Use. Cherry Internet or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at Cherry Internet?discretion. Should this occur, the customer will be informed in writing of this action or other manner deemed necessary.
- Change of Terms and Conditions. Cherry Internet reserves the right to change the terms and conditions notifying the customer in writing or by electronic mail at least ten(10) working days in advance of the effective date of change. Changes will also be posted on Cherry Internet’s homepage (HYPERLINK http://www.cherry.com.au) and will constitute the most current current version, superseding any other soft or hard copies. Use by the customer after the effective date constitutes acceptance of the new terms and conditions, the customer may terminate.
- this agreement in accordance with the provisions of Section 1 above.
- Records Management. Cherry Internet may monitor or keep any records of the customer’s use of the service that may be deemed necessary.
- Notices. All notices given by any party or required under this agreement shall be in writing (unless otherwise specified by Cherry Internet) and addressed to the relevant party(ies) at Cherry Internet’s business address as listed overleaf or faxed to fax number: (02) 9223 3812
- The Customer Services. All service to be provided by the customer either in part or in total through Cherry Internet’s network must be appropriate subject to relevant State and Federal regulations. Cherry Internet accepts no responsibility for their authorisation. Reselling of Cherry’s Internet service is expressly prohibited
- Account Terms and Conditions.
- The customer in signing this agreement agrees not to attempt to gain access to private or restricted information. This information is defined as any information stored on Cherry Internet systems which is not contained within their own user account and includes access to the non-public areas of Cherry Internet network including but not limited to, routers and internal file servers.
- The customer agrees not to use the facilities of Cherry Internet to attempt to gain access to restricted information stored on remote computer systems elsewhere on the Internet. Intentional and unauthorised access to Cherry Internet computer system and the data residing on this computer system without lawful excuse is a criminal offence and punishable under the Commonwealth Crimes Act 1914, s76D and s.76E and the NSW Crimes Act 1900, s309 and s.310.
- The customer agrees not to store programs or information, which may lead to the accessing of programs, which are not licensed for his/her use. This includes those who participate in what is commonly called ‘warez?or more specifically in the trade of illegal software. Creation of accounts to facilitate the trade of such software on a machine administered by Cherry Internet will be viewed as a criminal offence and prosecuted to the fullest extent of the law.
- The client agrees not to store pictures or other unrestricted materials such as pornography (or as mentioned in Section 3 above) in a compressed or electronic form on any machine administered by Cherry Internet, or to store any programs designed to monitor packets of information of any nature. If such software is deemed illegal, the customer will be prosecuted to the fullest extent of the law.
- The customer also agrees not to store or use any specialised terminal programs including but not limited to, specialised telnet clients, FTP clients and ‘hacked? IRC clients or servers which do not use standard ports or protocols.
- Internet Relay Chat Services. The customer agrees that is using IRC services through Cherry Internet systems, they will not use any nature of pre-written script for reasons of system security.
- Privacy. The Internet servers maintained by Cherry Internet are highly advanced and are designed to log all unusual activity (see Section 8 above) with the aim of protecting the customer’s personal data and providing a safe environment giving the customer peace of mind knowing their information is secure.
- Electronic Mail. The customer agrees to remove their e-mail messages from Cherry Internet server machine after receiving them or within 14 days whichever comes first. Cherry Internet reserves the right to administer E-mail ie. automatic deletion from the server after the required minimum of 14 days.
- Assignment. Cherry Internet may assign this agreement. The customer may not assign this agreement.
|
|
|
