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.
- 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 $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 will not use Personal Information for purposes other than;
- INFORMATION SECURITY
- 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.