Terms and Conditions - General
Means the Subscriber's rights of access to Riverland Internet's system.
The Subscriber undertakes that he/she is over the age of 18 years old
and understands the terms of this agreement.
Extent and Limitations of Service
The subscriber is entitled to access Riverland Internet's system at any time and at any hour, subject to the limitations of the type of service for which the contractor has subscribed, and subject to the limitations and exclusions of this contract. The Service described above does not include any Support or Consultancy, initial or otherwise, except as specifically agreed otherwise. The Service does not include provision of transmission lines between the Subscriber and the Service, nor the provision of any software or hardware, unless as otherwise specifically stated herein and agreed by Riverland Internet.
Software provided by Riverland Internet
Where Riverland Internet provides software to the Subscriber, the Subscriber undertakes to abide by any and all licensing terms contained in or relating to such software.
Payment and Variation of Fees and Charges
All charges are due and payable as per the Riverland Internet Fees and Charges schedule or as per any invoice tendered to the Subscriber by Riverland Internet unless otherwise agreed. Riverland Internet reserves the right to increase or decrease the charges for the Service and or/to charge on a volume basis where at any time such charges are imposed upon Riverland Internet, or any other Network or Service Provider, in relation to the provision of the Service to the Subscriber. The Subscriber agrees to pay the invoiced amount in full within 30 days from the date of invoice, and to pay reasonable collection costs incurred by Riverland Internet if this becomes necessary.
Riverland Internet undertakes to ensure, as far as is practicably possible, that the Subscriber's account on Riverland Internet's system, and all matters related thereto will be kept private and confidential.
Responsibilities of the Subscriber
The Subscriber shall, in respect of the use of the Service, at all times conduct herself/himself in a responsible and considerate manner. The Subscriber shall not use or allow the Service to be used for any unlawful or illegal purpose or involve the use of the Service in any breach of any civil or criminal law. The Subscriber shall be held responsible for any virus activity reported to Riverland Internet by our wholesale suppliers and cannot hold Riverland Internet responsible for any interuption to supplied service due to malware / spyware incidents. The Subscriber is responsible for the maintenance and security of her/his access facility to Riverland Internet's system and security and integrity of login and password procedures to the Subscriber's own account. The Subscriber shall remain responsible for any use and or access time used, by unauthorised persons logging in through the Subscriber's account via the use of the Subscriber's access facility and/or as a result of the obtaining and use of the Subscriber's login and password procedures.
Breaks or interruptions in service
Riverland Internet is entitled at any time, with or without notice to the Subscriber, to temporarily withdraw the Service for any purpose, including, maintenance, service, upgrades, emergency procedures and/or repair. Riverland Internet is not responsible for any break or interruption of the Service howsoever caused except and to the extent that such liability is imposed upon Riverland Internet by any law currently in force, but undertakes, where such a break or interruption has taken place, to endeavour to restore the Service as soon as is practicably possible, where this is within the control of Riverland Internet.
While we make all reasonable efforts to deliver email, our storage capability is limited. We do not promise to keep email forever, but only for a period determined by us. Long term storage of email is your sole responsibility and Riverland Internet will not be held liable for any loss or damage to email left on our servers.
Term of Contract
This contract shall, subject to the provisions hereof, remain in force from the date stated at the head of this contract until such time as the account is terminated in writing either by the Subscriber or by Riverland Internet.
Rights of termination of service
By the Subscriber
The Subscriber may, upon 21 days notice in writing given to Riverland Internet, terminate his/her/its subscription. However, any fees and/or subscriptions paid to Riverland Internet are not refundable to the Subscriber.
By Riverland Internet
Riverland Internet may at its discretion, terminate the Service to the Subscriber at any time upon the following events:
• upon Riverland Internet giving to the Subscriber no less than 21 days notice in writing of termination.
• immediately and without notice upon a breach of this Contract.
• immediately and without notice upon any breach by the subscriber
of any law, civil or criminal, relating to or connected with the use or
involvement of the Service.
• upon any invoice/statement, having been tendered by Riverland
Internet to the Subscriber, remaining outstanding beyond the payment date
stated in the Fees and charges page.
• when the Subscriber has not used any paid-for services from
Riverland Internet in the last three months.
The Subscriber hereby agrees to indemnify Riverland Internet against all loss, damage, liability and/or expense of any nature, howsoever caused or incurred, as a result of or arising out of any claims made or proceedings commenced against Riverland Internet by any third party. This clause does not apply where the claims and/or proceedings mentioned above did not arise from or were not connected with the use of the Service by the Subscriber or, by the involvement of Riverland Internet through or caused by the Subscriber in any matter or circumstance from which such claim or proceeding arose.
Riverland Internet shall not be held liable for any loss or damage arising from or in connection with the use of or in relation to any matters arising out of the provision of the Service, or in consequence thereof except and to the extent that such liability is imposed upon Riverland Internet by any law currently in force. Riverland Internet shall not be held liable for any loss or damage arising from or in connection with or in relation to any matters arising out of any Support or Consultancy provided to the Subscriber by or on behalf of Riverland Internet pursuant to the terms of this contract.
This Agreement constitutes the entire agreement between Riverland Internet and the Subscriber in respect of all matters covered by this Agreement and all prior agreements and representations are hereby superseded. However, you may have certain inalienable statutory rights under such legislation as the Trade Practices Act 1974 (C'th) or other such Commonwealth or State legislation. This Agreement should be read as being subject to and shall not override any such statutory rights.
This Agreement is governed by the laws in force in the State of South Australia and the parties hereby agree to submit to the jurisdiction of this State.
Last Revised 20/07/2009 and subject to change without notice.