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Text OCR'd from hardcopy which arrived under cover of letter dated 16 June 2007.
This document describes your contract with Bluemaxx for the provision of The Australian Broadband Guarantee services. Bluemaxx will receive a subsidy from the Commonwealth Government to provide services to you. and in return Bluemaxx is bound by DCITA to provide certain safeguards to you. Throughout this document, we use the terms The Australian Broadband Guarantee and DCITA. These stand for “The Australian Broadband Guarantee” and “Department of Communications, Information Technology and the Arts.”
Specific The Australian Broadband Guarantee Agreements.
Any change to the contract is subject to DCITA approval. and Bluemaxx is required to inform customers of any approved change in writing.
The Australian Broadband Guarantee service is being offered to you for 3 years.
We can not bind you to a contract length greater then 18 months. Bluemaxx's standard term is 1 month, which is automatically renewed each month.
The overall price of the Broadband Connect service being provided will not be increased for 3 years from the commencement of the provision of the service to you.
You may move up or down between our plans at any stage without any cost (other than those associated with the respective monthly plan charges). and are always entitled to return to the original The Australian Broadband Guarantee plan
Bluemaxx commits to the The Australian Broadband Guarantee requirement for free-of-charge 24/7 fault reporting. Help desk facilities will function from 8am to 6pm, Monday to Friday. 10am- 4.00pm Saturday and Sunday. After hours fault reporting will he available through an answering or paging service or via email at support
Bluemaxx agrees to abide by The Australian Broadband Guarantee performance requirements in regard to data speed and service availability and to participate in performance reporting regime for the life of the contract. The requirements are that the service is available 99% of the time, and that data transfer speeds of at least 60% of peak speeds are available at least 70% of the time.
There may be instances where exceptional circumstances apply (as agreed by DCITA) and if this is the case, we may ask you to agree to accept the service at a lower average data speed level.
Usage testing is available for the customer where relevant, and usage information is available from Bluemaxx web sit. www.bctest.com.au
Bluemaxx commits to provide the customer with full information about the ser vice as required by The Australian Broadband Guarantee.
The Customer agrees to provide necessary information available and provide a truthful attestation so that Bluemaxx can make a The Australian Broadband Guarantee claim for an incentive Payment under The Australian Broadband Guarantee.
Bluemaxx commits to stated installation and repair timeframes as per agreement with DCITA.
Bluemaxx may notify you of any new conditions which are to apply from a time not earlier than the 1st day of the month commencing after you are given notice. In that case you may withdraw before the new conditions apply. If you do not then you will be bound by them.
These conditions are governed by the laws of QLD and the Commonwealth of Australia.
Within a reasonable period of the signing of this agreement Bluemaxx will install at a property advised by you the customer premises equipment (CPE). Target time is 20 days,
Dates and times agreed for the installation of equipment at the customers premises must be strictly adhered to. In the event that the agreed installation date and time needs to be changed or cancelled the customer must provide at least 24 hours notice for said change. In the event that 24 hours notice is not given of such a change Bluemaxx reserves the right to charge a call out fee at the then prevailing standard rates in force at that time along with any additional travelling expenses incurred.
All mentions of equipment in this contract refer to the equipment described above.
Satellite CPE equipment ,wireless equipment, cabling and associated equipment remains the property of Bluemaxx and cannot be sold, lent or disposed of in any manner without the express written permission of Bluemaxx. Ownership automatically transfers to customer upon completion of 3 consistent years of services being provided by Bluemaxx. Loss or damage of the equipment excluding fair wear and tear however caused is the responsibility of the customer, in the event of loss or damage to the equipment Bluemaxx will, at its discretion, repair or replace the equipment and the customer will be responsible for all costs incurred including but not limited to cost of repair or replacement of the equipment. cabling or fixings, travel time etc.
In order to protect you from malicious phone or other communications, Bluemaxx Internet needs to have any cancellation of your account in writing and signed by you. We will then confirm, also in writing, that your account has been closed. At that time we will also forward to you a final balance of your account for payment.
Upon your cancellation Bluemaxx will call at your home or place of business where equipment provided has been installed and remove the same. By signing this agreement you guarantee to us that you will allow us access to your property to remove the equipment in the event of cancellation.
In the event of your changing address but wishing to continue with this contract, you will notify us of the intended date of relocation. On or shortly before this date Bluemaxx will arrange for the equipment to be removed and relocated. It is understood that the equipment can only be relocated to such areas in which Bluemaxx provide broadband services and may require different equipment in some areas at additional cost to the customer, and that the customer will cover any costs associated with the relocation of the equipment. Notices which must be in writing:
From time to time requests for changes may be necessary. So that
there is no confusion, the following requests must be made by a
notice in writing except in emergencies where a simple oral statement
may suffice. However in such a case written confirmation must be
provided as soon as possible
Variation of login identification,
Requests for suspension of accounts,
Requests for redirection,
Notices of change of address, and
Variations of credit card deduction authorities.
Commencement, continuation and finish of contract
This contract commences with your first use of the Bluemaxx service. It continues until the end of the period in which it commences, being 1 month and a new separate contract on these terms is automatically renewed for each month in which the user remains able to access Bluemaxx.
If you choose to cancel the service you must provide 14 days written notice. An equipment recovery fee of $150 will be payable if cancelled within initial 30 days.
IMPORTANT NOTICE: Bluemaxx is a "Carrier", not the publisher of information entered onto the service or accessed from the service by any User.
It has no control whatever in respect of information available on the net with the exception of the material appearing on its Home Page. Material available on the Internet may offend.
Prices: Prices are included on the Bluemaxx Application Form. This form is part of this contract and sets out the various options available to you. You are urged to read this page thoroughly and enquire if there is anything which you do not understand or feel you wish to change. Your signing of this contract is taken as proof that you have read and fully understood the page referred to. Please note that you are required to sign or initial that page.
Payment can be made by Direct Debit or Credit Card. A 2.5% bank surcharge applies to Credit Card payments.
Bluemaxx's rights. and obligations to its users:
Bluemaxx intends and will endeavour to make its on-line services available 24 hrs each day. 7 days each week, except for the time required for normal maintenance of hardware and software. We intend and will endeavour to fix any faults in the shortest possible time
Bluemaxx accepts no liability for any loss or damage incurred in any way through the use or failure of Bluemaxxs' services.
Bluemaxx makes no warranty and gives no guarantees concerningthe provision of itsservices or the accuracy or usefulness of information carried on the Internet. Bluemaxx excludes all implied conditions and warranties (except where to do so would contravene any statute or cause any part of this clause to be void). If permitted by law, its liability for breach is limited to refunding the price of services supplied during the month in which the breach takes place.
While it is understood that Bluemaxx takes no editorial responsibility in respect of material on the intemet, if you consider that information placed on Bluemaxx's Servers is illegal or defamatory or offensive. you may complain to us in writing. We may then at our discretion request a user to remove the offending information, if that information was placed there in a manner contrary to conditions of use, or in a manner, which is illegal or likely to threaten the continued operation of any of the Bluemaxx services.
Bluemaxx may terminate access to any User who:
Breaches Terms and conditions in any way
Uses the net in any way which in Bluemaxx's opinion breaches civil or criminal laws
Acts in any way likely to threaten the continued operation of any of our services; or
Exceeds credit terms as advised from time to time.
Bluemaxx may make any changes to the net interface or functionality, and restructure or reclassify information carried by the net in any way which it believes may maintain or improve the quality of the service..
Bluemaxx has the right to refuse a credit account to any person under 18 years of age
Bluemaxx may at any time, by notice which may be given electronically or in writing alter the price structure with effect from the first day of the month after the notice, or from a determined later date. In relation to Broadband Connect and Broadband Connect services, any such changes will adhere to the guarantees of the registered rates applicable to those services. If you do not agree to pay those charges, you may withdraw in writing prior to the commencement of the new charges.
As the User you are solely responsible for
Any material entered onto the net through use of your User ID
Any Bluemaxx charges incurred through the use of your User ID
Breaches of these conditions resulting directly or indirectly from the use of your User ID; and
Breaches of civil or criminal laws resulting directly or indirectly from the use of your User ID
Users may redistribute any information obtained from the net, so long as that redistribution:
Does not breach copyright, defamation. obscenity, or other laws
Is not prohibited by a User pursuant to clause 4 or its equivalent
Is accompanied by an acknowledgement to the original source.
Is non-commercial and not for profit; and
Limits redistribution in the manner set out in this clause
It is understood that Users consent to the redistribution of any material they place on the net. unless a specific notice reserving copyright or imposing other conditions on the further use of that material is attached to it. Users warrant that redistribution of such information by other Users does not breach copyright_ defamation, or obscenity laws.
Defamation, obscenity, sexual harassment, racial discrimination and vilification laws apply to your conduct while using the services provided by Bluemaxx. In addition you must abide by Bluemaxx' policies regarding appropriate use of specific information areas or services within the net.
Postings to conferences should be appropriate to the functions of those conferences
Normal standards of personal conduct (courtesy, language, ethics etc) should be ad hered to.
Sending of unsolicited mail, messages, images, or material should be avoided and
Unwelcome harassment of other net Users is not acceptable.
You will indemnify Bluemaxx for any liability incurred as a result of violation of copyright. misleading, defamatory or obscene information placed onto the net or-illegal activities conducted through the use of your User lD. You must pay all fees charged by Bluemaxx for usage and service attributed to your User ID within the payment terms as stated on the current invoice for the applicable period.
Acceptable Use Policy: You agree not to use Your access for illegal purposes and to conduct Yourself in a responsible and considerate manner, and acknowledge that cracking. hacking, crashing, spamming. transmission or storage of copyright infringing or any data which would contravene Australian laws relating to the production and distribution of pornographic material or distribution of viruses is forbidden, as is unauthorised access to system areas and information on the BLUEMAXX network or any systems connected to the BLUEMAXX network. You agree to accept total responsibility for the content of files owned by You and stored on the BLUEMAXX network. and also accept total responsibility for any data transferred or caused to be transferred across the BLUEMAXX network. You agree that You will not send unsolicited bulkcommercial e-mail via any method. You acknowledge that we do not edit or control the content and form of any information or data accessed through the Service. You are responsible for maintaining the secrecy and confidentiality of all access information required by You to access to the Service, and You agree not to disclose this to any other person. You must notify us immediately if Your username and/or password are lost or You think that someone may be using them. You will be responsible and liable for any unauthorized use of the Service. You acknowledge that we may introduce a Fair Use Policy in respect of this Service. We may only introduce a Fair Use Policy by providing 60 days