TERMS AND CONDITIONS

Our policy is to provide services for the family, home user and small business at the same price everywhere in Australia! If you live in the country, a town or a city, you will always pay the same price!

VERSACOM members receive great "value for money", and "affordable" services that the family can enjoy.

Our services are designed to be shared by members in a fair and equitable manner and not to be monopolized or abused by individuals at the expense of others.

To maintain this quality of service for all members, we do not supply services to large corporations or government at the expense of members, and we comply with directives that restrict sites distributing pirated music, software and hardcore pornography.

VERSACOM does not allow you to send large amounts of unsolicited or unwanted mail to individuals or individual business accounts.

New customers and members should be aware that our preferred method of payment is direct debit. Direct debit can be easily organised so that payment is made directly from your nominated account. We also accept payments by credit card and Centre Pay.

If you intend to use our service for purposes not in keeping with this policy, you should make arrangements to find an alternative service more suitable to your needs.

1. Definitions
1.1 "ISP" or "the ISP" refers to VERSACOM its networks and its system.
1.2 "The user", "you" or "your" refers to any person or device that connects to the ISP for the purpose of gaining access to the system and the system refers to any computer, network, concentrator, terminal, or device that is used to supply services by the ISP. "Members Area" refers to the area on the ISP Web Site used by members to access notices and account information.
1.3 By using or subscribing to the ISP you are subject to the following terms and conditions.
1.4 This agreement is governed by the laws in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.

2. Registration
2.1 During the subscription process you will be asked for personal information and you authorise the ISP to obtain personal information about you to support your application to become an ISP member and to conduct all relevant credit checks and searches to enable the ISP to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform the ISP of any changes to your personal details.
2.3 Your privacy will be respected at all times, however the ISP may monitor or keep any records necessary that at relate to your use of the service.

3. Notices
3.1 Regular notices are sent to your ISP e-mail address for your information. You must regularly check your ISP e-mail address. Notices have been sent when Date Stamped by the sending ISP mail server.

4. Your Conduct
4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to the ISP.
4.3 If you use obscene language, abuse, threaten or harass any ISP staff member in person, via the telephone, fax or e-mail your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared in a fair and equitable manner with other members and not to use the system in such a way that, in the opinion of the ISP, your actions affect the other members.

5. General Conditions
5.1 The ISP provides a service that is available twenty four hours a day to the standard active telephone jack in your premises. It is your responsibility to ensure that the access number provided by the ISP is a local call.
5.2 The ISP will supply connection details suitable for Win95,98,2000,NT, ME and XP to configure your computer correctly and you are responsible if you tamper with the settings or allow another internet service provider's installation disk to alter or disrupt the ISP internet settings and connection.
5.3 Your use of, or subscription to, the ISP (including any additional services offered from time to time) constitutes acceptance of, and is governed by, these Terms and Conditions.

6. Technical Conditions
6.1 During peak periods, network capacity may become limited and access is not guaranteed.
6.2 Depending on your plan, your sessions may be limited and an enforced break may apply.
6.3 Automated attempts, devices or practices to avoid re-authentication are not permitted and your access to the system will be restricted if in our opinion you engage in activities which restrict or deprive access to fellow ISP members.

7. Limitation of Liability
7.1 The ISP is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed telephone one calls charged by a telephone company to you.
7.2 The ISP is dependent on external network and data services, therefore you indemnify the ISP for any inability to provide such services which are beyond its control. The ISP does not guarantee that access to any system either internal or external to the ISP, will be available at any given time or that the files, information or services will be error free or fault free.
7.3 The failure of the ISP at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. The ISP reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
7.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to the ISP, this agreement is legally binding on your parents or legal guardians.

8. Plan Information
8.1 All current plans are published on our website and on all ISP Registration Forms which are available at all locations where the ISP services are sold.
8.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and are subject to special conditions which are in addition to the ISP Terms and Conditions.

9. Changing Your Plan
9.1 You may select a different plan at any time by calling our Customer Services. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect.

10. Cancellation
10.1 To cancel this service, please provide notice in writing to the ISP. The notice must be signed by the account holder. An e-mail followed by a telephone call confirming cancellation would also be acceptable.

11. Termination
11.1 The ISP may close, suspend or terminate your service without a refund or credit if in the opinion of the ISP you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement.

12. Payment of Account
12.1 All plans are to be paid in advance.
12.2 Dial up accounts that are more than 30 days in arrears can be disconnected until such time that the account is paid in full. ADSL accounts that are more than 7 days in arrears can be disconnected until such time that the account is paid in full.

13. ADSL Suitability and Acceptable Use Policy (AUP)
13.2 The default AUP for ADSL Services for Regular or Super plans:

Super - Once the Super AUP has been reached during a calendar month, the speed may be slowed to 64Kbps/64Kbps:

1. 256Kbps/64Kbps = 40 GB limit per month.
2. 512Kbps/128Kbps = 40 GB limit per month.
3. 1.5Mbps/256Kbps = 40 GB limit per month.

Regular - Once the Regular AUP has been reached during a calendar month, excess downloads will be charged at 10 cents per MB:

1. 256Kbps/64Kbps = 200 MB limit per month.
2. 512Kbps/128Kbps = 500 MB limit per month.
3. 1.5Mbps/256Kbps = 1000 MB limit per month.