INTEGRATED DATA LABS PTY LTD (IDL) INTERNET ACCESS AGREEMENT


1                    This Agreement

1.1                You have asked Integrated Data Labs (in this agreement known as "IDL", "IDL Internet", "our", "we" or "us") to provide you with our Internet Service (the "Service"). The basis for the provision of the Service by us, and your obligations in using this Service are entirely set out in the terms which follow (the "Agreement') together with our Acceptable Use Policy as varied from time to time.  It is a condition of using the Service that you comply with the terms of this Agreement, so please read the following carefully.           

1.2                This Agreement commences on the day of acceptance by us and continues on a monthly basis.

1.3                You must not assign, sell, delegate, alienate, transfer or otherwise dispose of your rights and obligations under this Agreement.

1.4                You agree to comply with all directions pertaining to the access and use of the Service granted to you by us including, but not limited to, our Acceptable Use Policy.

2                    What we will provide

2.1                We will endeavour to provide the Service to you on a continuous basis during the term of this Agreement. Should the Service not be available we will inform you as soon as possible.

2.2                We will provide you with all login information required for connection to the Service.

2.3                We may at our discretion, retain and assess any data or information concerning your use of the Service.

2.4                We have no responsibility to provide training in the use of the Service pursuant to this Agreement.

3                    Charges

3.1                You are liable for all fees resulting from use of the Service accessed through your login information.  Any charges or misuse of the Service is your responsibility and any such occurrences should be immediately communicated to us. 

3.2                Any invoices that we issue, will be deemed to be correct and prima facie evidence of all connection, access, usage and other fees.

3.3                You will pay the charges at the rate and in the manner based upon the Access Plan you have selected.  Any changes or modifications to the charges or terms and conditions of use of any Access Plan will be notified by email and made available on our web site at http://www.idl.com.au. 

3.4                We retain the right to vary or change these fees from time to time and will give you 30 days written notice of any variations or changes.

3.5                If payment is to be made by credit card you agree to pay the fees via the credit card, which will be debited automatically.  If the credit card number expires or we are otherwise not able to debit valid fees from this credit card number, we may immediately and without notice withdraw your access to the Service.

3.6                If payment is to be made by cheque, cash, postal note or electronic funds transfer such payment must be made in advance of you being connected to the Service and must be made within 7 days in respect of any on-going usage fees.

3.7                If you dispute the whole or any portion of the amount claimed in an invoice submitted by us, you must pay the portion of the amount stated in the invoice which is not in dispute and must notify us in writing (within seven days of receipt of the invoice) of the reasons for disputing the remainder of the invoice. 

3.8                If it is resolved that some or all of the amount in dispute ought properly to have been paid at the time it was invoiced, then you must pay the amount finally resolved together with interest on that amount in accordance with the terms of payment for your selected Access Plan.

3.9                You must pay us interest on any amount due and not paid by you within the time required by this Agreement at the rate of 10% per annum.

3.10                Invoices are sent via electronic mail to your default IDL Internet email address. Requests to send to a different e-mail address must be made by contacting our helpdesk. Requests for paper invoices will incur a charge of $2.20(GST inclusive) per mail out.

3.11                Monthly subscription fees are billed in advance while excess usage fees are billed in arrears. For accounts with minimum monthly charges, this amount is payable irrespective of the services being used or not. All usage charges are calculated from the first to the last day of every calendar month.

3.12                Dishonoured cheques or invalid credit card transactions will be automatically charged back to your account. A fee of $15.00(GST inclusive) is charged per dishonoured cheque.

3.13                Plan changes must be notified before the first day of each calendar month and can only be changed once each month. The change in plans and charges will only be effective from the first day of the next billing month. Any fees are payable for the remaining term of the previous plan. No pro-rata refund is applicable for change of plans. If we receive a change request on or after the first day of each calendar month, the change will become effective from the first day of the next billing month.

3.14                You must notify us of any refund request as soon as possible but in any event no later than 30 days after the date on which the reason for the refund request arose. All refund requests are to be investigated before it can be granted. The minimum turnaround of a refund request is 14 days. Approved refund requests will be refunded free of interest.

3.15                If your service has been suspended or terminated for any reason, we reserve the right to charge a reconnection fee before we will reconnect the account or lift the suspension.

3.16            The charges are exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Service.  Without limiting the foregoing, you will be liable for any new taxes, duties or charges imposed subsequent to the date of this Agreement in respect of the Service.  Where you pay charges in advance in the period in which the charges relate include a post 30 June 2000 component, then that component will be charged to include the GST unless otherwise specified.

4                    Credit Checks

4.1                You authorise us to disclose your credit card information to and obtain information from, any financial institution or credit card issuer to verify your credit card details;

4.2                You authorise us to verify with your credit card issuer that you have enough credit on your credit card to pay for the Service;

4.3                You authorise us to charge all fees incurred for the use of the Service through your login information to your credit card;

4.4                If we do not receive payment from your credit card issuer or agent, then you will pay us any outstanding charges within seven (7) days.

5                    Acceptable Use Policy

5.1                You must abide by our Acceptable Use Policy as amended from time to time. You may view a copy of our Acceptable Use Policy here.

6                    What you must not do

6.1                You must not disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, nor any other confidential information relating to the Service or IDL.

7                    Indemnity

7.1                You release and indemnify us, our officers, employees and agents against all  actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us as a result of a breach by you of this Agreement or any wilful, unlawful or  negligent act or omission of your agents, employees or sub-contractors or of any other person for whose acts or omissions you are vicariously liable.

7.2                You release and indemnify us against any action, claim or demand by you, your servants, employees or agents or their personal representatives or dependants arising out of the performance of this Agreement.

8                    Liability

8.1                Except in relation to liability for personal injury (including sickness and death), we will have no liability to you in respect of any loss or damage (including consequential loss or damage), which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or respect of the failure or omission on the part of you to comply with your obligations under this Agreement.

8.2                Subject to Clause 8.3, any condition or warranty which would otherwise be implied in this Agreement is excluded. 

8.3                Where law implies in this Agreement any condition or warranty which can not be excluded, our liability for any breach of such condition or warranty is limited, at our option, to one or more of the following;

(a)                 if the breach relates to goods;

(1)                 the replacement, resupply or repair of the goods; or

(2)                 the payment of the cost of replacing, resupply or repairing the goods;

(b)                 if the breach relates to services;

(1)                 the supply of the services again;

(2)                 the payment of the cost of having the services supplied again

8.4                Subject to 8.5, you warrant that you have not relied on any representation made by us which has not been stated expressly in this agreement or, upon descriptions, illustrations, or specifications contained in any document including catalogues or publicity material produced by us.

8.5                You acknowledge that to the extent that we have made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.

9                    Terminating this Agreement

9.1                We may terminate this Agreement immediately by notice in writing if:

(a)                 you have (or in our reasonable opinion) likely to have breached any term of this Agreement including our Acceptable Use Policy;

(b)                 you become or we consider you may be insolvent or you become subject to any form of bankruptcy or external administration;

9.2                Either party may terminate this agreement by 30 days notice in writing to the other party.

9.3                If we give notice under clause 9.1 or 9.2, we may, in addition to terminating the Agreement:

(a)                 repossess any of our property in your possession or control;

(b)                 charge a reasonable sum for Services provided that have not been previously charged;

(c)                 be regarded as discharged from any further obligations under this Agreement;

(d)                 pursue any additional or alternative remedies provided by law; and

(e)                 immediately upon giving notice remove or delete your login information and e-mail messages.

10               Circumstances beyond control

10.1            Either party will be excused from performing its obligations under this Agreement to the extent that it is prevented by circumstances beyond its reasonable control, such as (but not limited to) acts of God, natural disasters, acts of war, riots and strikes.

10.2            If these circumstances arise and remain for more than sixty (60) days, either Party may immediately terminate the Agreement on providing notice in writing to the other Party.

11               Notice and Applicable Law

11.1            Where this Agreement refers to a party giving notice, that means written notice (including electronic text communications) delivered by hand, facsimile or electronic mail.

11.2            The laws applicable to this Agreement are the laws of New South Wales, Australia.

12               Waiver

Any failure on our behalf to enforce any clause of this Agreement will not be construed as a waiver of our rights under this Agreement.

Integrated Data Labs - Updated 10/07/2013

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