| Contents
PART A - GENERAL TERMS AND CONDITIONS
1. Our
services to you
2. Software
3. Your obligation to pay us
4. Refunds for Internet Access
5. Your use of our Products
or Services
6. Our rights
7. Excluding our liability
8. Termination
9. Things beyond our control
10. General
11. Free Mypage Guidelines
12. Phone Calls
PART B - ADDITIONAL TERMS AND CONDITIONS
1. Payments
2. TSN Fairness policy
3. Domain name registration
4. Telehousing
5. Help desk and posting information
to our website
6. Web development
7. Free Mypage Guidelines
8. Additional Clauses for ADSL
Accounts
9. Additional Clauses for Wireless
Accounts
10. Additional Clauses for
DOV Accounts and Standard ISDN Accounts
11. HibIS Clients
12. Privacy
Clause
PART A. GENERAL TERMS AND CONDITIONS
1. Our services
to you
(a) TSN Internet.com.au (ABN 97 083 037
772) will provide you with the products and services that you
purchase from us from time to time ("Products" and "Services"
respectively) and you agree to purchase and use these Products
and Services on these terms and conditions as may be amended from
time to time
(b) In addition to this Part A, additional
terms and conditions contained in Part B may apply to the purchase
and use of certain Products and Services.
(c) Our agreement will commence on the
date
(i) The date that we accept your application
for the provision of any of the Products and Services, either
by notifying you or by providing you with access to those Products
and Services; or
(ii) the date you start using any of the
Products and Services. We may refuse your application in our complete
discretion.
(d) Our agreement will continue until
the end of any fixed term set out in your application, until this
agreement is terminated in accordance with these terms and conditions.
(e) We reserve the right to require offline
verification of your identity or authority.
2. Software
(a) To the extent that any Products or
Services contain any software, we License that software to you
on a non-exclusive, non-transferable basis for the term of this
agreement, solely for your use of that Product or Service.
(b) You must use the software only on
such equipment as we may designate for its use. We are not responsible
for the installation or support of the software. You must use
the software in accordance with any directions we provide to you
from time to time.
(c) We or our suppliers retain ownership
of the software at all times, whether in its original form or
as modified. You must not, in whole or in part, copy, attempt
to reverse-engineer or modify, or attempt to combine or incorporate
in any other program or system, the Software without our written
consent.
(d) You must protect the software and
related documents at all times from unauthorized access, use or
damage.
3. Your obligation
to pay us
(a) In return for us providing these Products
and Services to you, you must pay us the relevant fees, charges
and costs notified to you and as may be amended by us from time
to time ("Fees"). We will post messages on the TSN homepage
www.tsn.cc and give at least 14 days notice of any intended changes
to these terms and conditions or prices of any Service or product.
If you do not agree to those changes in the terms and conditions
or pay those increased Fees you must, within 10 days of receiving
that notice from us notify us in writing that you do not accept
the increase. Upon receiving that notice from you, unless agreed
by us, your right to use the subject Products and Services will
cease. In the event that no other Products and Services are then
the subject of our agreement, this agreement will immediately
terminate. If we do not receive any notices from you in accordance
with this clause and you continue to use the Services after 10
days from our initial notification, you agree that you are deemed
to have consented to the increase in Fees. Notwithstanding the
provisions of this clause
(b) For term contract accounts you agree
that we may increase any Fees once each year to reflect changes
in the All Groups Consumer Price Index for the City of Sydney
as published by the Australian Statistician.
(c) You are solely responsible for the
use of the Products and Services and for all payment of any Fees
arising from the use or provision of the Products or Services,
whether or not the user had your authority.
(d) Records held and logging procedures
adopted by us in relation to usage by or provision of your Products
and Services are prima facie evidence that you have used or ordered
that Product and Service as indicated.
(e) You must pay any taxes, duties, stamp
duties, imposts, levies or government charges relating to this
agreement for the supply or usage of the Services or Products.
(f) You are responsible for the cost of
any telephone calls you make to access the Products or Services.
(g) Notwithstanding any of the provisions
of this clause 3, in the event that you fail to pay your accounts
by the due date and we refer your failure to any debt collection
agency or other like body, in the event you seek to reconnect
to the Products and Services, you acknowledge and agree that we
may require that you initially pay such Fees as represent two
months in advance for the Products and Services to be acquired
by you. Such Fees are payable at the time of re-connection of
your Products and Services.
4. Refunds for Internet Access
(a) We agree to provide to you a full
refund of all monies you have paid for any internet access Products
or Services if you make a request for a refund within 10 days
of initially applying for those particular Products or Services,
you have returned those Products or Services and any manuals and
software relating to them, your account usage does not exceeds
60 minutes and your credit balance is $10 or more. However, if
you have purchased Internet Access Products or Services under
advertised fixed term special deals, you are not entitled to a
refund.
(b) We may from time to time, at our absolute
discretion, provide you with credits in relation to Internet Access
Products and Services supplied to you. In the event that we provide
such a credit to you, these credits are not transferable, not
redeemable for cash and will be applied by us against the next
invoice provided to you, and subsequent invoices until such time
as that credit is exhausted. If for some reason this agreement
expires or is terminated prior to the exhaustion of the credit,
no cash will be refunded to you in lieu of that outstanding credit.
If you subsequently acquire other Products or Services, that credit
will not apply to those new Products or Services.
5. Your use of our Products or Services
(a) You agree that you will use the Products
and Services in a responsible manner. In particular, you warrant
to us that when using the Products or Services, or providing information
to us in relation to the Products or Services, you will not, nor
will you allow others to;
(i) distribute, publish, or provide any
material that is defamatory, harassing, obscene or illegal under
any applicable law, rule, regulation, standard or code of practice;
(ii) distribute, or provide use of material
that you have no right to distribute, use, or provide (for example,
a third person's intellectual property rights.
(iii) Cause a nuisance to any person or
incite violence or racial hatred or facilitate prostitution or
pedophilia;
(iv) commit a crime or facilitate the
committing of a crime;
(v) engage in any activity which is in
breach of, or fail to comply with, any applicable law, rule, regulation,
standard or code of practice;
(vi) perform or facilitate the mass distribution
of advertising material, except to people who have consented to
the receipt of that material, and you must cease the mass distribution
of advertising material to those people once that consent is withdrawn;
(vii) engage in or fail to engage in any
activity in a manner which will expose us to any liability;
(viii) fail to comply with any rules imposed
by any third party whose content or services you are accessing
or using, or any policy adopted by us;
(ix) use the Products or Services, or
invite or direct persons to use the Products or Services, to access
any content which it is illegal to publish;
(x) invade the privacy of others or alter
the messages of others;
(xi) engage in misleading or deceptive
conduct or fraud of any kind;
(xii) fail to clearly identify any material
which is advertising or adult only material so that third persons
can
determine whether to access that material or not;
(xiii) fail to maintain the security and
confidentiality of any accounts, identifiers or passwords provided
to you to enable you to use the Products or Services, and you
must change your account, identifier or password immediately on
request to do so from us;
(xiv) cause or help to cause the security
or integrity of any Products or Services or other linked computer
systems or sites to be compromised whether by way of hacking,
virus introduction or in any other way.
(b) In addition;
(i) you indemnify us, our employees, contractors
and agents, against any loss, costs or damage we may suffer as
a result of the use of your Products or Services (whether or not
by you or using your accounts, identifiers or passwords), or as
a result of a breach of any of your warranties to us or any other
provisions of this agreement;
(ii) you acknowledge that we have no control
over any content accessible through use of the Products or Services
and you have no claim against us in that regard;
(iii) you must obtain, install and maintain
your own access equipment to the Products and Services and any
authorisation, permission, license, waiver, registration or consent
from any person necessary in relation to that equipment. Without
limiting this clause, you agree that you must make your own arrangements
for the acquisition, installation and maintenance of any satellite
dish and associated equipment and, while we may
facilitate those arrangements for you, TSN is not the owner or
lessor of that equipment, your agent in this regard, or liable
to you in any way in this regard;
(iv) you must, at your cost, ensure full,
free and safe access to any of your equipment or premises in order
for us to provide the Products or Services to you;
(v) you must promptly provide to us all
assistance and information we reasonably require in relation to
the supply of the Products or Services to you;
(vi) you warrant that your representative
responsible for the purchase of the Products and Services has
all authority to do so;
(vii) you are responsible for providing
any security or privacy you require for your computer networks
and any data stored on those networks or accessed using the Products
or Services, and you agree that we will not be responsible for
any damage caused by your failure to provide same; and
(viii) you must safeguard and not tamper
with any equipment we provide to you, and which is not bought
by you from us, and which is
(xiv) cause or help to cause the security
or integrity of any Products or Services or other linked computer
systems or sites to be compromised whether by way of hacking,
virus introduction or in any other way used by you to access the
Products and Services, provide that equipment with a suitable
physical environment and only permit us to repair, service, move
or disconnect that equipment unless otherwise agreed by us. You
bear the risk of loss or damage to that equipment while it is
in your possession or control, except if it is damaged by our
negligence or willful act.
6. Our rights
(a) We may, at any time and in our absolute
discretion, suspend or disconnect your access to the Products
or Services, and monitor or intercept your use of the Products
or Services, including without limitation any messages you send
or receive or data you store or access using those Products or
Services if we have reasonable cause to do so.
(b) We may delete that data stored using
the Products or Services, in our absolute discretion, if we consider
that data to be inappropriate, illegal, offensive or otherwise
in breach of any law, standard, regulation or code of practice.
(c) Without limiting clause 6(a) above,
we may at any time, without notice, suspend your use or access
to part or all of the Products or Services:
(i) for such time as is necessary for
any maintenance determined by us to be necessary from time to
time, and where possible, after giving you as much advance notice
as is reasonably practicable in the circumstances;
(ii) to reduce or prevent interference
with our systems or the use of Products or Services by others;
or
(iii) if required to do so, as a result
of a direction from any government or other authorities.
(d) We may at our discretion change any
telephone numbers or other access numbers required to access any
of the Products or Services and we will not be liable to you in
this regard.
(e) You authorize us to obtain credit
information from a credit reporting agency and information about
your commercial activities or commercial credit worthiness from
a business which provides that information to enable us to apply
our credit policy. You also authorize us to obtain from and give
to any credit providers information about your credit arrangements.
This information may include any information about your credit
worthiness, credit standing, credit history, credit capacity or
other information that credit providers are allowed to give or
receive from each other under the Privacy Act, 1988 (Cth) (as
amended from time to time).
(f) You acknowledge that we may be obliged
to provide assistance to law enforcement agencies in respect of
your acquisition or use of the Products and Services and that
you will not make any claim against us in relation to that assistance.
(g) We may access and store certain content
accessible using some of the Products or Services (known as caching)
for faster and easy access by you. That content is updated on
a regular basis but there may be delays in that updating and therefore
cached content accessed by you through the Products or Services
may not be the most up to date version.
7. Excluding our liability
(a) Other than in relation to personal
injury, to the extent permitted by law we are not liable to you
or anyone claiming through you for any loss or damage or costs
sustained or incurred by you, your employees, contractors or agents
or any third party, arising in any way in connection with this
agreement or from your use of, or our provision of the Products
or Service or any ancillary product or service, including without
limitation,
arising from:
(i) any failure or delay by us to transmit
data;
(ii) any failure or delay by you in receiving
data;
(iii) any transmission or receipt of
incorrect data;
(iv) any erasure or corruption of any
data;
(v) any unauthorized access to your Products
and Services;
(vi) any content accessed using the Products
or Services found to be offensive, upsetting, inaccurate, misleading
or defamatory.
(b) To the extent permitted by law, without
limiting the above, in no circumstances will we be liable to you
for consequential loss including, without limitation, loss of
profits or loss of business.
(c) To the extent permitted by law, we
exclude all warranties in relation to the Products or Services
or any ancillary product or service. Should we be liable to you,
by virtue of any applicable statute, law, rule or regulation,
for any loss or damage suffered, sustained or incurred by you
under or in connection with this agreement, our total liability
for any such loss or damage shall, to the extent permitted by
law, be limited, at our option, to the cost of supplying again
the goods or services in respect of which the damage was incurred
or to providing, replacing or repairing those goods or providing
those services again.
8. Termination
(a) Unless this agreement is subject to
a fixed term as referred to in any accepted application, either
party may terminate this agreement by giving 30 days written notice
to the other.
(b) Notwithstanding the above, we may
immediately terminate this agreement in relation to any or all
Products and Services acquired by or provided to you if:
(i) you are in breach of any provision
of these terms and conditions and you have not remedied that breach
within 10 days of receiving notice from us;
(ii) you fail to pay any Fees by the due
date or breach any of the provisions of clause 5 above;
(iii) immediately if a receiver, provisional
liquidator, administrator or other like person is appointed over
any of your undertakings or assets or if you enter into arrangement
with any of your creditors or any class of your creditors or you
become insolvent or otherwise are unable to pay your debts when
they fall due.
(c) On termination, your rights to use
Products or Services cease, you must return to us any materials
we have provided to you in relation to the Products or Services,
you must pay to us immediately all outstanding Fees in relation
to the Products or Services and you are not entitled to any refund.
9. Things beyond our control
(a) It is impossible for us to ensure
that the Products or Services are provided to you at all times
or at any specific times or will be able to operate at all times
error-free. We make no warranties to you in this regard.
(b) We will not be liable for any failure
to fulfil any term of this agreement where that fulfillment is
delayed or prevented, restricted or interfered with for any reason
beyond our control, including but not limited to fire, storm,
flood earthquake, accident, labour dispute, materials or labour
shortage, outages in telecommunications or radio communications
networks, law or regulation or an act or omission of any third
person.
10. General
(a) These terms and conditions and Part
B which may apply to particular Products or Services are the entire
agreement between us in respect of the Products or Services.
(b) You have not relied on any representation
made by us in deciding whether to acquire the Products or Services
and you have relied on your own judgment in relation thereto.
(c) We may change or remove any of these
terms and conditions at any time, including, without limitation,
if there is a change to any law or regulations. We will use our
reasonable commercial endeavors to notify you of these changes
when they occur. If you do not agree to the variation of the agreement,
you may terminate this agreement by written notification to us
within 14 days of the date or our notice. If you have not terminated
this agreement within 14 days and you continue to use our Products
or Services afterwards, you agree that you are deemed to have
accepted the variation.
(d) If we need to notify you of any matter,
we may inform you by mail, facsimile, email or posting a message
in the appropriate location on our system which includes, but
is not limited to, posting a message in one of our news groups,
or on the worldwide web on our home page or any other appropriate
means. Once we have posted online the email or other message,
you are deemed to have received it. If we fax the message to you,
you are deemed to have received it upon confirmation by our fax
machine that the facsimile has been successfully sent. If we mail
the message to you, you are deemed to have received it two (2)
days following the date that mail was delivered to the Australia
Post system, correctly addressed and postage paid.
TSN Newsletter – TSN will send regular newsletters to every
TSN email address. There is no “opt out” button on
TSN Newsletters as they include details of any changes to our
network and any changes to our Terms and Conditions. Address’s
other than those @tsn.cc may register for the Newsletter however
they will have the option to discontinue the newsletter at any
time.
(e) Before resorting to any external dispute
resolution mechanism, we and you shall attempt to settle any dispute
in relation to this agreement within 14 days of that dispute arising.
(f) You must not assign or attempt to
assign any right or obligation under this agreement without our
written consent. We may assign our rights or obligations, or subcontract
or obligations without restriction.
(g) You agree that you are not our employer
or employee, our principal or agent, our partner or joint venture
and you have no right to bind us in contract or otherwise at law.
(h) If part or all of any clause in this
agreement is illegal or unenforceable, it may be severed from
this agreement and this will not affect the continued operation
of the remaining provisions of this agreement.
(i) These terms and conditions are governed
by the law in force in New South Wales, Australia.
11. Free Mypage Guidelines
(a) TSN does not allow the creation of
download sites. For example, MP3 sites will be deactivated.
(b) Australian Laws require no gambling
or porn sites to be run from Australian sites. These sites will
be deactivated.
(c) TSN staff also uses their own judgment
to whether a site is suitable for posting on the internet. If
you think the content of your site may be questionable, to avoid
disappointment please don't create the site on the TSN server.
(d) Sites may be turned off at the discretion
of TSN if we deem them to no longer comply with the above criteria.
12. Phone Calls
It is your responsibility to ensure that
the phone number you are dialing is indeed a local call. In the
situation where TSN is contacted and we supply a local number
for your location it still remains your responsibility to ensure
that this phone number is indeed a local call. The reason for
this is that its very easy for TSN staff to misunderstand your
location and its impossible for any helpdesk staff to be fully
conversant with every phone number within Australia.
Please check with your Telco that you will only be charged for
a local call.
PART B. ADDITIONAL TERMS AND CONDITIONS
1. Payments
DIRECT DEBIT
All Direct Debits are processed on the first working day of each
month, except specialist accounts, some of which have different
pay by dates. See extra Terms and Conditions outlined below. It
is your responsibility to ensure sufficient funds are available
to cover your payment.
A dishonour fee of $10.00 applies where the funds are not available
to be transferred to the TSN account.
The only exception being: where the cause for the dishonour was
due to TSN clerical error.
CREDIT CARD
All Credit Cards are processed on the first working day of each
month, except specialist accounts, some of which have different
pay by dates. See extra Terms and Conditions outlined below. It
is your responsibility to ensure sufficient credit is available
to cover your payment. A dishonour fee of $10.00 applies where
there is insufficient credit available to cover your payment.
The only exception being: where the cause for the dishonour was
due to TSN clerical error.
UNLIMITED ACCOUNTS
Excluding automatic payment methods. These accounts are due and
payable before the 1st of the month. If not set-up as auto-renew
these accounts will automatically turn off at midnight on the
last day of the month. Provided these accounts are not overdue
by more than one month the account may be reactivated by paying
the appropriate monthly fee they will then be renewed for the
calendar month in question. Once overdue by more than one month
the account will be disabled and cannot be reactivated except
by paying all outstanding fees. Excluding some accounts which
operate on the anniversary of connection as the due date in which
case the above principal will apply.
2. TSN Fairness policy Dial-up customers.
(a) If all modems become full TSN will scan the accounts of online
customers in that location and the customer who has been on the
longest will be given two minutes warning ( warning message requires
use of the TSN dialer) and then dropped. That customer will then
be prevented from getting back online for ten minutes.
(b) Unlimited Connections are not intended to be permanent ports.
Permanent ports are available, please see our prices page http://www.tsn.cc/prices.
If an unlimited account usage exceeds 17 hours per day on average
over a 30 day period. TSN will contact the customer and discuss
other arrangements. If the customer can't be contacted over a
7 day period, TSN will disable the account and wait for the customer
to call the TSN Helpdesk.
3. Domain name registration
(a) If requested by you, we will assist you in the registration
of a domain name. You acknowledge that we are not responsible
for the allocation and administration of domain names and that
we cannot guarantee the availability of a domain name or the continued
availability same.
(b) Where you have requested us to apply to register a domain
name on your behalf, you agree that all information you provide
to us in this regard will be true and complete, and you will abide
by the terms and conditions of the relevant authority who administers
that particular sub-domain.
(c) You agree to pay all of our fees, charges and expenses in
this regard in accordance with Part A.
4. Telehousing
(a) All Telehousing will be conducted at our discretion, at any
of our facilities and in accordance with any standard operating
procedures adopted by us from time to time.
(b) You must provide your equipment to us in good working order,
all of which must be approved by the relevant regulatory authorities
and comply with all statutory provisions regarding machinery safety
standards must be complied with. You are responsible for ensuring
that your equipment and environmental specifications are within
the range pursuant to which we typically provide the Telehousing
Services.
(c) You are responsible for maintenance and warranty provided
to your equipment by any third party.
(d) You are responsible for any services provided by a telecommunications
carrier or other party to your equipment, unless otherwise agreed
with us.
(e) You bear the risk of loss or damage to your equipment while
we are providing the Telehousing Services.
(f) You bear all costs of installing, connecting or disconnecting
and removing your equipment. You must install your equipment under
our supervision or using our personnel (at our discretion) in
the positions indicated by us.
5. Help desk and posting information to our website
(a) When using our online help desk or otherwise posting information
to our website, you acknowledge and agree:
(i) no illegal, harassing or objectionable material may be posted;
(ii) we may use information posted for any reason;
(iii) advice provided using the online help desk is of a general
nature only and further assistance from a suitably qualified person
may be required at your expense; and
(iv) you must not post information to our website which is intended
to be a formal notification to us.
(b) We do not warrant that our online help desk advice will resolve
all problems encountered by a Product or Service.
6. Web Development
(a) While we may own certain intellectual property rights in
the website developed for you and you have certain obligations
in relation to information that you provide to us in accordance
with Part A, you acknowledge that you are responsible for the
final authorisation to release, and the content of, the website
developed for you and you will be responsible for signing off
on that website prior to release to indicate it meets your specification.
(b) You are responsible for obtaining any consent from any third
party regarding use of any of their intellectual property rights
or the right to link their website to your website.
(c) You are responsible for providing to us any legal disclaimers
or other notices you require to be inserted on your website. You
are responsible for providing all content necessary for your website
unless we otherwise expressly agree.
(d) If you wish us to provide maintenance services in relation
to your website, we must come to a separate written agreement
in that regard.
7. Free Mypage Guidelines
(a) TSN does not allow the creation of download sites. For example,
MP3 sites will be deactivated.
(b) Australian Laws require no gambling or porn sites to be run
from Australian sites. These sites will be deactivated.
(c) TSN staff also uses their own judgment to whether a site
is suitable for posting on the internet. If you think the content
of your site may be questionable, to avoid disappointment please
don't create the site on the TSN server.
(d) Sites may be turned off at the discretion of TSN if we deem
them to no longer comply with the above criteria.
8. Additional Clauses for ADSL Accounts
8.1 GENERAL
TSN ADSL Broadband is only available on Telstra or Telstra reseller
copper telephone lines in exchanges that have been ADSL enabled
( this does not exclude Telstra lines that are billed by another
carrier ). Your nominated Broadband ADSL line is subject to a
Full Service Qualification, not all telephone lines are compatible
with Broadband ADSL. Approved lines require a Provisioning period
before the Account can be Activated.
The installation of Broadband ADSL may cause minor disruption
to your standard telephone service.
Included in Your Broadband ADSL Account is the conversion of your
nominated phone line to provide ADSL capability.
An ADSL modem is required to operate Your Broadband service. You
may either:
(a) Purchase your modem direct from TSN or one of its resellers.
Modems are covered by the manufacturers warranty.
(b) Supply the modem yourself.
If you are running a network, TSN recommends an ADSL Modem Router.
Note: TSN’s helpdesk does not support your network and
its functioning. TSN supports the ADSL modems connectivity to
the internet.
Manufacturers Warranty – Electrical surge damage is not
covered. Please be extremely careful during electrical storms.
Unplug Phone lines and power from the sockets.
Any ADSL modem purchased by you from TSN is covered under the
full manufactures warranty. You should take all due care during
electrical storms that your modem is turned off at the power supply,
as this damage is not covered under your warranty.
8.2 TSN ADSL
(a) TSN ADSL is only available in specific areas. Your nominated
ADSL line is subject to a Full Service Qualification. Approved
lines require a Provisioning period before the Account can be
activated.
(b) Included in Your ADSL Account is the conversion of your nominated
phone line to provide ADSL capability. ADSL Modems are not included
unless specified.
(c) Cancellation of an ADSL account will result in the following
charges:
(i) Before ADSL Line Completion - $189 administration Fee;
(ii) After ADSL Line Completion – Within 6 months of commencement
$66.00 plus one full months account fee. ( BREAK FEE)
(iii) After 6 months – The Regular Payment plus any excess
Usage Charges until ADSL Line Cancellation.
(iv) Should your account be subject to a minimum term the terms
and conditions for that particular account
(d) The installation of TSN ADSL may cause temporary disruption
to your standard telephone service.
(e) You will require a network access point and a telephone access
point. As such You are responsible for providing a Network Card
or USB port and a RJ11 wall socket or converter to set-up the
ADSL account.
(f) If Credit Card details are not supplied for the account a
$70 deposit must be made before the order can be processed.
(g) ADSL accounts are charged on the 20th of the month for the
following calendar month. Should payment fail the account is disabled
until payment is received. Should full payment not be received
by the end of the month the ADSL account will be cancelled with
Telstra on the 1st of the month… Reconnection will then
be the same as the creation of a new ADSL service. Any early termination
fees will apply.
(h) For usage accounts a Credit Card must be supplied. Both the
access component and usage component will be charged on the 20th
of the month or as close to this date as possible. Usage charges
will run from the 20th to midnight on the 19th of the month.
(i) You acknowledge that if for any reason your credit card is
declined TSN has the right to cancel your ADSL account. Break-fees
or reconnection fees may apply.
(j) You may change your nominated ADSL line. The $129 relocation
Fee will be applicable. You are subject to following conditions:
(i) Your new line is in a TSN ADSL enabled area ( if not, You
will be subject to the full ADSL Break Fee);
(ii) Your new line receives full service qualification approval
( if not, You will be subject to the full ADSL Break Fee); and
(iii) A free port is available in the relevant exchange (if not,
You will be required to wait until a port becomes available –
Monthly fees are still applicable)
(k) If Your ADSL enabled phone line is cancelled with Your telecommunications
provider for any reason, it is Your responsibility to have the
line reconnected. You will be required to pay TSN a $129 reconnection
Fee. Failure to reconnect the line will result in full ADSL Break
Fees.
(l) You may change between TSN ADSL Accounts and the following
will be applicable:
(i) You must retain Your current ADSL Line;
(ii) You must notify TSN and obtain TSN’s consent;
(iii) TSN and You mutually agree to break Your current Contract
at no cost; and
(iv) You accept any variation to the Set-up Fee, Contract Period,
Pricing Details and Terms and Conditions of the new account.
(m) In the event Your use of the ADSL services interferes with
our suppliers network or systems, TSN or the supplier may cancel
the ADSL service without notice or compensation. You may be liable
for any ADSL Break Fees incurred as a result of this.
(n) During the course of Your TSN ADSL contract. The ADSL connection
may fault either line synchronisation or communications. In the
event of Your ADSL service faulting, please Contact TSN. Phone
1300 760 360
If you contact our Third Party supplier any charges TSN experiences
due to this will be charged back to you. Fault resolution will
normally occur within 72 working hours. Depending on the nature
of the fault, fault relief may take longer.
(o) In the event of Your ADSL faulting, TSN offers a backup measure
whereby You may dial-up via a standard modem (supplied by yourself)
to connect. Your Internet Access Usage against the modem dial-up
will be recorded and billed. Use your ADSL Username and Password.
(p) Modifications to your ADSL Account may require a provisioning
period, and Fees may be applicable.
(q) TSN excepts no responsibility for your ADSL hardware or software.
(r) A filter is required on each telephony device attached to
the nominated ADSL phone line.
(s) If you have a monitored security system that dials out on
the nominated ADSL Line, or more than three telephony devices
attached to the nominated ADSL line. You require a central splitter.
You will be responsible for employing a third party to install
a splitter. All costs and effects that arise from the installation
are between the third party and yourself. Account fees start from
the time the phone line is upgraded to ADSL services regardless
of the date of the splitter installation.
(t) Fees start from the time your nominated Broadband ADSL phone
line is upgraded to ADSL services.
(u) TSN does not guarantee Your connection will achieve the theoretical
maximum stated in the connection speed at any given time as variables
such as signal strength, distance from the exchange, traffic and
load have an influence on the connection speed.
(v) It is your responsibility to ensure your connection is secure.
TSN is not liable for any breaches because the security of your
computer has been compromised. TSN recommends some form of PC
protection such as firewall software be installed.
(w) Changes to the account holder details of the nominated telephone
line will not be able to be made with Your telecommunications
provider when ADSL has been provisioned on the line without a
$129 reconnection Fee being applied. Down time would also result
in this circumstance.
(x) Regular telephone service charges are not part of TSN's Broadband
service, and are payable to your telecommunications carrier direct.
8.3 "HEAVY DOWNLOADERS”
TSN reserves the right to renegotiate the monthly fee for any
ADSL account OR to request any customers to CHURN to another ADSL
supplier if the USAGE (downloaded data) of that customer falls
within the top 10% of all ADSL users for that SPEED.
Should TSN decide to request that you churn TSN will give you
14 days notice in writing.
9. Additional Clauses
for Wireless Accounts
(a) Where an account remains inactive for one month due to: Non-payment
of the account fees, the account will be deactivated. In order
for the account to be reactivated an account activation fee shall
apply $70.00
(b) Your usage can be monitored on the TSN homepage www.tsn.cc
under the heading Manage Account. Where usage restrictions apply
TSN calculates usage on the last 30 days, if you are over the
set
(c) IP address --- TSN continuously monitors usage on each IP
address. Where we detect a user switching IP address’s TSN
will immediately reduce data flow to zero and a $70.00 reconnection
fee will apply.
(d) TSN accepts no responsibility for the malfunction of your
equipment.
(e) Wireless connectivity can change over a period of time. Eg:
Buildings may be built, trees may grow and other obstructions
may be placed in the signal path. TSN accepts no responsibility
for this.
(f) TSN will do all within its power to ensure continuous connectivity
however being electronic in nature outages will occur. If the
problem is limited to wireless access TSN will supply dial-up
access as a replacement.
(g) Data For simplicity of calculations we use, 1,000,000 bytes
to the meg
(h) Data usage is the addition of both uploads and downloads.
10. Additional Clauses for DOV Accounts and Standard
ISDN Accounts
TSN has both Unlimited Accounts and Permanent ISDN accounts
UNLIMITED ACCOUNTS
WARNING
Please do not set yourself up to AUTO DIAL as the TSN fairness
policy applies to this account style. The main purpose of our
"fairness policy" is to free up a port for the next
user. With auto dial in use Ports are not freed up as ISDN is
capable of dialing every 3 seconds.
If you attempt to re-dial within the 10 Minute "Kick Cycle"
The Kick Cycle is immediately reset to restart your kick Time
again.
For example if you attempt to dial after 9 minutes into the kick
time you will restart the "kick cycle" again and you
will have ten minutes to wait before you can log in.
NOTE
If you use the TSN dialer we will send a warning message that
you are about to be kicked, 2 minutes prior to actual kicking.
PERMANENT ACCOUNTS
This account gives you your own dial Port.
Auto Dial is permissible.
Telephone lines are notorious for dropouts. 'Permanent TSN' means
we attempt to supply you with a 24 x 7 access. On occasion there
will be equipment failure and downtime. TSN will do its best to
keep these to an absolute minimum.
11. HiBIS clients
Will be subject to the above Terms and Conditions except where
there is confusion between the above Terms and Conditions and;
a) General Conditions for HiBIS Customers; see HiBIS
Terms and Conditions;
b) The contract which you signed when applying for this account.
For clarification purposes your contract will have precedence,
followed by the HiBIS Terms and Conditions Then the general terms
and Conditions.
For HiBIS Terms and Conditions
- click here
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