| 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 Services
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. VOIP Acceptable Use Policy
13. 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 specified below.
(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
as per one of the criteria below:
(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
month to month or 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").
Should TSN decide to alter prices of any product or service. TSN will give 30 a minimum of 30 days of any alteration. Notification in all cases will be via email. It is your responsibility to ensure TSN always has an active email address registered as the contact address. TSN takes no responsibility if you do undertake your responsibility
(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.
(h) We reserve the right to pass on any bank fees incurred as a result of dishonoured account payments, including bank representation fees, merchant charge-backs and retrieval costs.
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 Service
(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.
(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.TSN requires either a signed fax or signed letter for all cancellations
Faxes to 1300 763 361
letters to TSN Internet PO Box 5293 Port Macquarie,2444
(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 TSN
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
TSN communicates with clients exclusively via email. You must provide TSN with an active email address. It is your responsibilty to maintain your Manage Account information.
You should also ensure that any Spam filters allow all email from @tsn.cc addresses.
(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 give 30 days notice via email to the address registered as your contact address --- where there is no email address registered as the contact address. TSN will address notifiaction to all email addresses associated with your account. Where no email adddresses are available you will not receive notification. It will be assumed that you have given TSN permission to make any changes.
(d) TSN will make all notification via email. Unless legal requirements dictate otherwise.
(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 SERVICES
CALLS
TSN reserves the right to cancel phone services where bills go unpaid or payments are refused by the bank.
TSN reserves the right ask clients to churn to an alternative provider, No reason is required.
TSN may block the ability to make calls if payment is not made in a timely fashion.
LINE RENTAL
Standard line rental is discounted to $32.95 or as advertised on our homepage provided long distance and all pre-selected services are with TSN.
TSN price is a whole of service package.
In the event long distance and pre-selected services are moved away from TSN, the line rental will move back to the non discounted price of $59.95.
Where pre-select is moved away from TSN leaving TSN with only line rental and local calls. TSN will increase line rental. TSN will alter local charge rates to the maximum allowable.
BILLING
Line rental is payable monthly in advance while call costs are in arrears.
PAYMENT
Once $50 of charges is reached an email will be sent. 3 days after this email is sent the unbilled charges will be billed. This is to stop both the customer and TSN experiencing payment problems in the future.
PART B. ADDITIONAL
TERMS AND CONDITIONS 1.
Payments
Existing Services
Direct Debits are processed on the due date or as soon as practible.
You will receive notification via email 3 days prior to the due date that a new invoice has been created. It is your responsibility to ensure you check your emails and to notify TSN if there is an error in the amount to be charged.
Occassionally TSN will be delayed in submitting the Direct Debit request to your bank. It is your responsibility to ensure the funds due to TSN remain in your account until TSN claims them.
TSN will not be responsible for any bank fees you receive due to overcharging (You had the opportunity to check your bill)
TSN will not be responsible for any bank fees you receive due to delays by TSN in lodging the direct debit to the bank. (You have been reminded via invoice of the amount TSN will be requesting).
New services
Our normal process is to charge on sign-up for all accounts paid in advance.
The sign-up process will advise you the amount we intend to take.
TSN will not be responsible for any bank fees you receive due to overcharging (You had the opportunity to check your bill)
TSN will not be responsible for any bank fees you receive due to delays by TSN in lodging the direct debit to the bank. (You have been reminded via invoice of the amount TSN will be requesting).
In most cases new orders will be delayed by 4 working days where payment is made by Direct Debit while we ensure funds are available.
CREDIT CARD
Existing services
You will receive notification via email 3 days prior to the due date that a new invoice has been created. It is your responsibility to ensure you check your emails and to notify TSN if there is an error in the amount to be charged.
TSN will attempt to charge on the due date however occassionally delays will occur. It is your responsibility to ensure sufficient funds remain available until withdrawn by TSN
New Services.
The vast majority of TSN services are payable in advance. You will be charged immediately or shortly after sign-up.
Charge Backs
In the event that you request a chargeback from your financial institution a dishonour fee for the transaction up to, but not exceeding, $35.00 for each chargeback made.
Credit Card Merchant Service Fees
All credit card transactions attract a fee called a "Merchant Service Fee" (MSF). The credit card companies charge this fee as a percentage of the payment amount. Due to changes in Government legislation organisations including ISPs are now able to pass the cost of accepting credit cards to the consumer at the time of payment.
Therefore if you choose to use a Credit Card as your nominated payment method a Credit Card Surcharge of 1.45% for Visa and MasterCard and 4.1% for AMEX (American Express) of the total amount paid will be debited against your credit card in addition to the amount shown on your bill.
NOTE: TSN communicates with you via email. Its is your responsibility to ensure that a working email address is registered in the contacts section located in your Manage Account area.
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 of the domain.
(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 use their own judgment as 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
Your nominated TSN 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 TSN 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. TSN will supply help if required configuring the modem once only. If the modem is factory reset TSN may charge to re-set up the modem
(b) Supply the modem yourself. You are responsible for configuring the modem to gain access via TSN. TSN will supply the settings required to be entered in the modem.
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) By placing an order for an ADSL service you are
declaring that you are either the legal lessee of the
telephone service on which the ADSL service is ordered,
or an authorised representitive.
(d) 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 $99.00 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
(e) The installation of TSN ADSL may cause temporary
disruption to your standard telephone service.
(f) 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.
(g) ALL ADSL accounts must be signed uo with either Credit Card or Direct Debit details attached to the account. Billing will then be made direct to your nominated account.
You may update the account deatils at any time via your manage account facility. or by ringing TSN Phone 13 14 86
(h) ADSL accounts are normally charged monthly on the anniversary of activation. All ADSL accounts are in advance. Should payment
fail the account is disabled until payment is received.
Should full payment not be received before the account becomes 14 days overdue TSN has the option to cancel the ADSL service. Reconnection
will then be the same as the creation of a new ADSL
service. Early termination fees if applicable will also apply.
NOTE... A disabled account continues to bill even though you do not have use of the account.
(i) 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.
(j) 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.
(k) 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)
(l) 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.
(m) 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.
(n) 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.
(o) 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 13 14 86
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.
(p) 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.
(q) Modifications to your ADSL Account may require
a provisioning period, and Fees may be applicable.
(r) TSN eccepts no responsibility for your ADSL hardware
or software.
(s) A filter is required on each telephony device
attached to the nominated ADSL phone line.
(t) 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.
(u) Fees start from the time your nominated Broadband
ADSL phone line is upgraded to ADSL services.
(v) 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.
(w) 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.
(x) 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.
(y) 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) The standard comparative data required by HiBIS
and the ACA. See this link for details;
b) The contract which you signed when applying for
this account.
For clarification purposes your contract will have
precedence, followed by The standard comparative data
Then the general terms and Conditions.
Terms and Conditions
- General Conditions for HiBIS Customers
TSN includes the following Terms and Conditions as
requested by DCITA to comply with HiBIS requirements.
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