Splash Internet Terms & Conditions
This agreement is between you the Subscriber, hereinafter referred to as the Subscriber, and Splash internet PTY LTD, hereinafter referred to as the ISP, (collectively referred to as Parties). The Subscriber desires to become affiliated with ISP for using services provided by ISP. Therefore, the Parties agree as follows:
The ISP agrees to allow Subscriber to use computing facilities at Subscriber's site in ISP's service area and to transmit data over the Network, and/or Subscriber's data on ISP's computers, in accordance with the terms of these Subscription rules and the ISP's Acceptable Use policy which follows:
Any disruptive or destructive traffic of any source is absolutely prohibited. This includes unsolicited electronic mail (spamming), DOS (denial of services) attacks etc. Port scanning, attempting to hack other systems or any other unacceptable behaviour involving use of the ISP network is prohibited. The ISP's decision in regard to what is acceptable or not, is final.
If any data from any source leaves the ISP and enters any other network, that data must follow the acceptable use rules of the other network (including member networks, regional or backbone networks). It is the responsibility of the Subscriber to comply with these, not ISP's.
The ISP specifically prohibits any use or display of data or information which could be viewed as racist, sexually offensive, offensive or obscene.
The ISP expressly prohibits the re-sale of is retail services. Redistribution of any retail service to another address, unit, house or across a property boundary is strictly prohibited. All retail services are for the sole use of the address where the service has been provisioned. The Subscriber cannot compete with the ISP. If the ISP detects re-sale or redistribution on retail services the matter will be investigated by the ISP. The ISP reserves the right to terminate all services if the Subscriber is found to be in breach of this condition.
The ISP prohibits illegal software trading (warez) and the Subscriber is solely responsible for any legal actions taken against him by third parties on the grounds of copyright infringement. ISP cannot be held responsible for any such claims from third parties.
The Subscriber is responsible for controlling his/her Anonymous FTP directory. The ISP routinely patrols these directories and reserves the right to terminate this facility if we encounter illegal usage.
The ISP reserves the sole right to block or limit usage of any Internet based service that impedes, hinders or otherwise degrades the overall network efficiency. This may include websites or applications including Torrents, MyVideo, Limewire, Kazaa, Napster, P2P systems or any other service that the ISP determines conflicts with this clause. The ISP's decisions in this regard shall be final, and not subject to external legal process or scrutiny.
Use of the ISP's SMTP mail servers (mail sending) is only permitted for use with e-mail addresses assigned to domains registered with the ISP, which includes the splashinternet.com.au, splashnetworks.com.au, splashinternet.org, splashinternet.info, splashinternet.net, splashinternet.mobi, splashnetworks.net.au domain/s. Subscribers may not spoof (fake) the sending address of mails sent via the ISP or the ISP's SMTP servers.
The subscriber may not move, sell or dispose of the equipment without the written consent of the ISP, unless said equipment is owned by the subscriber. The equipment shall not be subject to any liens or torts, and remains the property of ISP until paid in full, in terms of this contract.
The subscriber must be 18 years or older
Subscriber shall pay service fees according to the Account Plan chosen upon sign-up. All charges are payable in AUD Dollars. All service fees are due in advance of service. No credit is given for partial use during the month of termination. Set up fees are non-refundable. An administration fee of $20 is charged for enabling accounts disabled for being allowed to lapse due to failure to pay before due date. Payment must be received within fourteen (14) days of the billing date. The standard billing period is from the first to the last day of the calender month, regardless of whether an invoice is sent/received or not. Non payment of all/any amounts due, by due date, will result in the account being suspended and be subject to the $20 administration fee being levied. Invoices can be viewed at any time by logging into the Customer Portal on the website http://billing.splashinternet.com.au/clientarea.php In the event Splash Internet disconnects the onsite equipment installed at the subscribers property due to account suspension a minimum of $180.00 re-installation fee will apply to have services reconnected. This fee must be paid prior to services being re-connected.
Services purchased online will be delivered electronically (onscreen) after a successful payment has been received.
The ISP reserves the right to change these terms and conditions by notifying the Subscriber in writing at least fourteen (14) days in advance. The ISP reserves the right to refuse service at any time.
Neither Party shall have the right to use the other's name, trademark or trade name or to refer to this Agreement in connection with any product, promotion, website or publication without the prior written consent of the other Party.
All information exchanged between Parties shall be considered confidential.
This agreement will be effective upon Subscriber's first connection to the ISP's network and may be terminated by either Party immediately upon written notice to the other Party provided, however, that the provisions of Paragraphs 7 and 8 shall survive any termination. Subscriber is thus responsible for any outstanding service fees mentioned in Paragraph 9.
THE ISP HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OR PROPRIETY INTERESTS AND SHALL NOT BE LIABLE TO SUBSCRIBER FOR DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE PROVIDER'S HARDWARE, SOFTWARE AND SERVICES SUPPLIED OR OFFERED during the period of service to the Subscriber.
Due to the technical nature of the system, and it's exposure to the elements, Splash Internet cannot guarantee 100% up-time on all services it offers. We do offer service level agreements on Business grade connections (Home internet connections are not business grade and do not feature service level agreements). Splash Internet will not be held liable for any financial losses incurred from planned / unplanned outages where a service level agreement is not featured. Splash Internet monitors all base stations and there connectivity back to the main point of presence. In the event of a hardware failure Splash Internet will take steps to identify the problem and deploy the appropriate solution. We will also attempt to notify the account holder by SMS of any such unplanned outage. Once the services have been restored Splash Internet will again attempt to send another SMS. This SMS will be sent to the account holder containing confirmation that the fault / failure has been resolved. Services will be restored as soon as practically possible. Planned system maintenance may be notified to the mobile number listed on the customer connect form completed by the subscriber (SMS) prior to any such shut down. Detailed information on outages can be found at both www.splashinternet.com.au or www.facebook.com/SplashInternet/.
The Subscriber shall indemnify and hold the Provider, its directors, officers, employees and agents harmless from and against any and all damages, liabilities, losses, costs and expenses, including reasonable attorney's fees arising out of or related to Subscriber's use of the Network and/or Subscriber's breach of the terms and conditions of this agreement.
The ISP reserves the right to disable the Subscriber's account any time if the payment is past due. On all the other occasions, the ISP should give the Subscriber a 10 days grace period to move his/her domain if the ISP has taken a cancellation decision. The Subscriber is responsible to clear all the payments until the end of the grace period. If the payments are not cleared until the end of the grace period, the accounts will be disabled by the ISP and the charges will continue until the account is paid in full.
The Subscriber acknowledges that all services provided are delivered on a viability assessment. If the Service provider deems a service/s unviable the service provider will send a service/s termination notice to the subscriber/s giving 14 days notice. Any Subscriber/s who allows any account to reach account suspension (14 days overdue) 3 times within a 12 month period will automatically be deemed as unviable. For any account where the service status is suspended for the 3rd time the Service Provider has the right to terminate without notice.
The Subscriber reserves the right to terminate the service and agreement with the ISP at any time, by giving a 14-days notice to the ISP of this intention, in writing by e-mail., or via the ticket system on the Portal. The subscriber will be charged until the end of this 14 days and the account will be active until then. The ISP will provides written confirmation upon submission.
There are no lock-in contracts between the Subscriber and ISP, however the subscriber must agree to the terms and condition's before using the ISP's service.
The Subscriber accepts that the equipment installed at his premises is their own responsibility, and they are solely responsible for insurance, maintenance and any other process needed to keep the equipment functional. ISP services or replacement of said property shall be payable in full prior to commencement of any such work. Any damage/theft/loss of the equipment will be billed to the account of the Subscriber.
The subscriber authorises the ISP to gain access to all the ISP owned equipment installed on their property at any time for purpose of maintenance, repairs and disconnection of services. It is the subscribers responsibility to be present at the time of installation of services to agree on the location of the router being installed and external antenna location if possible. If the subscriber is not present at the time of any installation of service any further changes requested by the subscriber including router or external antenna relocation will be at the subscribers cost and charged for by the ISP.
In the event the subscriber requests a disconnection of services provided by the ISP arrangements for the collection of the ISP equipment installed on the subscriber premise must be made within 24 hours of notice received. Failure to make such arrangements will result in the ISP arranging immediate disconnection of the ISP owned equipment installed at the subscriber’s premise.
This agreement is the sole Agreement between the Parties respecting the subject matter hereof. Subscriber has read this agreement and fully understands the terms thereof. This Agreement supersedes all prior agreements and understandings, whether oral or written. This Agreement may only be changed or terminated in writing, notice of which is to be acknowledged in writing or electronically by both Parties.
The Subscriber and the ISP accept the jurisdiction of the State and federal law nearest to the address of installation of equipment in respect of any legal action arising from this contract.
Customer Equipment Configuration. It is understood that under the terms of this Agreement, Splash Internet is under no obligation to configure any of your equipment / leased equipment. All configurations of your equipment, including router configurations, computer configuration, and the like are your sole responsibility. At its discretion Splash Internet may, but is not required to, assist you in configuring your equipment to utilise Splash Internet's service. Any assistance which Splash Internet may provide is without warranty of any kind and in consideration for such assistance, you expressly waive any and all claims against Splash Internet which may arise from such assistance. Splash Internet may provide configuration as a part of a network solution, usually this equipment is locked to protect the intellectual Property of the company. If the Customer owns the equipment they are free to preform a reset and reconfigure the equipment. Splash Internet will continue to service the equipment providing they meet all other aspects of the terms and conditions.
Internet Speeds. All speeds mentioned on our website are "Theoretical Maximum Network Speeds. What does that mean? And how fast will my connection actually be? Factors which effect your speed include:
a. The Plan you select.
b. Your data usage - have you been shaped for exceeding the data allowance on your plan?
c. The links between your computer & your modem or the Splash Internet router/Access point.
d. The links between the Splash Internet Termination Device or the router & Splash Internet, including the network in your town or suburb and it's connections to us.
e. The hardware that you are using to access the Splash Internet service - including; your computer, any other computers, smart phones, tablets etc connected to your Local Area Network, your data transmission method (ethernet cable or WiFi), your router and any other hardware.
f. The software that you are using to access the Splash Internet service - including: software on your computer, software on any other computer or device on your Local Network, software running on any other hardware in your network.
g. The configuration of said software.
h. The source or destination of any transmitted data. For example a website you are accessing may be busy or congested & hence provide a slower data transfer rate than the Theoretical Maximum Network Speed.
i. The type of content you are downloading or uploading. For example the speed of a torrent file will depend not only on your internet connection Theoretical Maximum Network Speed, but also on the connection that each of the devices sharing the file has with the world & the number of devices sharing this file. All of our home internet plans are delivered as domestic grade services & are provided as "best effort services".
19. Upgrades to home internet plans are permitted and are restricted to 3 changes per calendar year without penalty. If you exceed the 3 changes you will incur a $20.00 admin fee per upgrade thereafter for the remainder of the calendar year.
21. The ISP is responsible for providing Internet services to the subscriber. The subscribers devices that they are connecting to and using with the ISP's service are the sole responsibility of the subscriber. The ISP can not guarantee the wifi coverage area from the router it provides. There are many factors that can hinder this including but not limited to, internal walls and floors, interference from other devices and distance.
Splash Internet is committed to protecting your Personal Information in accordance with the Privacy Act 1988 (Privacy Act). Personal Information under the Privacy Act includes any information by which a person's identity can be reasonably determined.
It also describes how you may access and amend Personnel Information held by us on your behalf.
We may collect Personal Information from you when you instruct us to provide legal services for you. We may also collect Personal Information from you if you attend one of our seminars or subscribe to our mailing list.
The Personal Information that we will collect from you usually will include your name, address, telephone number, facsimile number and email address. We may collect additional Personal Information from you if it is necessary to provide our products & services.
We will keep your Personal Information secured in our offices and our off-site at our secured records management facility. If/when your business is completed we may store your records and any related Personal Information at our secured records management facility.
USE AND DISCLOSURES
We will not use Personal Information for purposes other than;
providing our products and services; and
providing details of our products and services and upcoming seminars through our mailing list.
If you do not wish to subscribe to our mailing list any longer and wish to be removed please contact our Privacy Officer using the contact details set out in paragraph 5.
We will not disclose your Personal Information other than for the purposes of providing our products and services unless required to do so. For example, we may disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
If we provide your Personal Information to a third party we will, unless prevented by law or a court order, require the third party to protect your Personal Information in accordance with the Privacy Act.
We will not sell, trade or rent your Personal Information without your prior consent.
We may disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
We require our employees to perform their duties in a manner that is consistent with our responsibilities under the Privacy Act.
We will take all reasonable steps to ensure that paper and electronic records/data containing Personal Information are stored securely in our offices or secure record management facilities.
ACCESS AND AMENDMENT
If you wish to access your Personal Information, then you may contact our Privacy Officer and request that this be done. In the interests of your privacy we may require you to verify in writing your identity prior to releasing your Personal Information to you. Any questions you may have in relation to accessing Personal Information should be addressed to our Privacy Officer.
We will return the Personal Information to you in accordance with our normal retrieval practices.
We will take steps to destroy, amend or de-identify Personal Information in as short a time as possible after being notified by you in writing to do so unless the law requires otherwise.
We reserve the right to charge you for the reasonable cost of the retrieving your Personal Information.
Our Privacy Officer will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry should email Attention Privacy Officer to firstname.lastname@example.org or post to Splash Internet Pty Ltd, PO Box 947, Merimbula NSW 2548
As apart of our total commitment to our Members, including those wishing to leave our service, we provide a clear and easy to follow Refund Policy, as we believe it should be easy to get your money in the quickest time frame available.
All Refund applications must be made prior to Account Termination, all Refunds are paid to the Client by original payment method. These payments are processed to the client within 14 - 21 days of an approved Refund Application. You MUST apply for Refund with Splash Internet Management only, Dealers or Splash Internet Support Staff are not authorized to process your Refund Application.
Splash Internet will clear all outstanding debts against the account prior to processing Refunds. Any remaining funds will be processed as per Refund Criteria listed below. Splash Internet does allow for the transfer of funds to another Splash Internet account upon request. These funds are paid to the designated users balance upon closure of the host account.
Please note: Refunds where the Member has paid Splash Internet with a Credit Card with incur a 4% Administration Fee. This covers Splash Internet for all previous banking fees whilst the Member used Splash Internet's Credit Card processing facility. This fee will be charged on the total amount of the Refund. Once deducted, normal Refund conditions will apply as per our Refund Policy listed forthwith.
Splash Internet will NOT process Refunds based on the criteria listed below:
Pre-Paid Data used is more that 20% of total allocated data.
Pre-Paid Data Charged Accounts where last payment was over 1 week prior to Termination.
Monthly Accounts who have been billed for the month already.
Mid Month Cancellations requests where Customer used Part month or Funds.
Reimbursement of Funds based on a Verbal Cancellation.
Funds paid to another provider. (Prior to Merger with Splash Internet)
Domain Hosting Fee's where the Member has not notified Splash Internet, and had it receipted, of changes regarding its Delegation or Hosting.
Alternative utilisation's for declined funds as follows:
Email Forwarding: Splash Internet will forward all received email to the Members new ISP until funds are depleted*
External Email Access: Allows the Member to access email from their new ISP until funds are depleted*
Transferring the funds to another account within the Splash Internet network
Splash Internet Reserves the right to make any final decisions in regards to the outcome of any Refund Application.
LanD Access policy
Subject to Splash Internet determining it will provide telecommunications network infrastructure to the Proposed dwelling in response to the Application for service, the following terms and conditions will apply to Splash Internet's provisioning of telecommunications network infrastructure to the Proposed installation.
Some of the words used in this document have particular meanings that are set out in clause 8.
1. Applicant’s Obligations.
1.1 The Applicant warrants that it has the authority to enter into this agreement.
1.2 The Applicant agrees to provide to Splash Internet after consultation with Splash Internet and at no cost to Splash Internet:
(a) suitable trench/trenches (shared and/or exclusive trenches as notified by Splash Internet which meet Splash Internet's specifications, including ACIF Industry Code C524 2001 External Communication Cable Networks) and pit voids for the Network Infrastructure to connect to the proposed new lots or building development including, where required by Splash Internet, provisions for Future Developments;
(b) Finish surface levels;
(c) suitable space within the Proposed Development for above ground housing for the distribution of the network;
(d) provide Splash Internet with safe access to the Land for the purposes of inspecting, installing and maintaining the Network Infrastructure;
(e) comply with all reasonable directions of Splash Internet in relation to the Network Infrastructure; and
(f) use best endeavours to ensure that no damage is done to the Network Infrastructure or that it is in anyway interfered with by any person.
1.3 The Applicant agrees to meet the costs of replacement or repair necessitated by a breach of 1.1(e).
2. No Restriction on Commonwealth Legislation
(a) Nothing in this agreement affects, restricts, or limits the rights, powers and immunity of Splash Internet under and by virtue of the Act or any other applicable legislation and/or regulations of the Commonwealth, or any State or Territory.
(b) The Applicant agrees in accordance with clause 17(5) of Schedule 3 of the Act to waive its right to be given a notice under clause 17(1) or 19 (1) of Schedule 3 of the Act in relation to the exercise by Splash Internet of its power to inspect land, to install a low impact facility within the meaning of the Telecommunications (Low Impact Facilities) Determination 1997, or to maintain a facility.
(c) The Applicant acknowledges and agrees that by waiving its right to receive a notice under clause 17(5) or 19(2) of Schedule 3 of the Act it is also waiving any right, including without limitation any right conferred by clause 4.30 of the Telecommunications Code of Practice 1997, to object to the activities that are the subject of the notice.
(d) The operation of this clause survives the expiry or termination of this agreement.
(a) The Applicant indemnifies Splash Internet against any liability, loss, damage, costs or expenses incurred or suffered by Splash Internet which is caused solely and directly by:
(i) a breach of this agreement by the Applicant; or
(ii) the negligence of the Applicant or an employee or agent of the Applicant acting within the scope of their authority.
(b) The indemnity provided by the Applicant under this clause 3 will not exceed $20 million per event and in the aggregate.
(c) The Applicant’s liability to indemnify Splash Internet under this clause 3 shall be reduced proportionately to the extent that any act or omission of Splash Internet contributed to the liability, loss, damage, costs or expenses.
4. Intellectual Property
4.1 The Applicant grants to Splash Internet a perpetual, irrevocable licence to use, modify and adapt all Applicant Material for the sole purpose of Splash Internet installing and maintaining the Network Infrastructure, including the use of the Applicant Material to update and maintain Splash Internet's recording systems.
4.2 The Applicant represents and warrants that it has sufficient right, title and interest in the Applicant Material to license that material to Splash Internet for the sole purpose of Splash Internet installing and maintaining the Network Infrastructure and updating and maintaining Splash Internet's recording systems.
4.3 The Applicant indemnifies Splash Internet in respect of any and all loss, damage or expense suffered by Splash Internet due to a claim concerning infringement of intellectual property rights brought by a third party in relation to Splash Internet's use of Applicant Material to install and maintain the Network Infrastructure and to update and maintain Splash Internet's recording systems.
5. Ownership of the Network Infrastructure
5.1 Splash Internet shall own the Network Infrastructure, and any other equipment or facilities installed by Splash Internet (none of which shall be considered a fixture, notwithstanding that elements of the Network Infrastructure may be fixed to the Land in some way) up to the network boundary point.
5.2 The Applicant must not use, or permit anyone else to use, the Network Infrastructure.
6. Splash Internet’s Liability
Splash Internet is not liable (including in negligence) for any loss, damage or expense that the Applicant may suffer in connection with the provisioning of the Network Infrastructure by Splash Internet, including in circumstances where Splash Internet is unable to provide Network Infrastructure due to circumstances beyond its control. To the full extent allowed by law, Splash Internet excludes all warranties, whether express or implied by law.
7. Relocating Network Infrastructure
If, in Splash Internet's opinion, it becomes necessary to remove or alter the position of any Network Infrastructure on, over or under the Land because of the Proposed Development or alterations to the finish surface levels provided, Splash Internet’s normal business practice applies. This commonly involves the Applicant reimbursing Splash Internet for all of its costs incurred in connection with anything reasonably done by Splash Internet in connection with that removal or alteration.
The Applicant acknowledges that after installation of the Network Infrastructure, additional works may still be required in order for telecommunications services to be provided to customers in the development.
8. Explanation of Certain Words
Where relevant and not already defined under this clause, words in these terms and conditions have the meaning given to them in the Act.
Act means the Telecommunications Act 1997 (Cth).
Application means this online application for reticulation.
Applicant means the person listed in Step 4 of this Application and that person who acknowledges and agrees to the Terms and Conditions.
Applicant Material means any and all material provided by the Applicant to
Splash Internet for the purpose of Splash Internet installing the Network Infrastructure,
including all trench plans and surveyors' plans submitted as part of this application.
Land means the land described in Step 9 of this Application.
Network Infrastructure means the equipment and facilities (including, without limitation, conduits, antennas, cable, road crossings, pipe, pits, lead in starter pipe) and any provision for future development in shared or exclusive trench/trenches where required, installed or to be installed by Splash Internet on the Land.
Proposed Development means the development in respect of which the applicant has submitted this form as referred to in Step 9 of this Application.
Splash Internet means Splash Internet Proprietary Limited (ACN 140 938 307) and its
employees, agents or subagents and employees of its agents and sub agents.
Trench/Trenches and pit voids mean all excavations, backfill (with suitable material) and reinstatement without limitations necessary within the Land to accommodate the Splash Internet Network Infrastructure.
Finish surface levels means the final level of the terrain (including development landscaping).