Terms and Conditions:

Standard Terms & Conditions

Network Technologies Queensland ABN 69 140 500 143

Phone: +61 1300 656 282

Fax: +61 7 3103 4256

These Terms & Conditions apply to the material on this website and to all products and services offered by Network Technologies Queensland Pty Ltd ("NTQ", "we", "us", "our"). "You", "your" and “Client”, “Customer” refers to any user of products and/or services offered by NTQ ("Service(s)"). "Systems" refers to the communication equipment, computer resources and the data stored on them.

1. Application

Your customer contract with us (Network Technologies Queensland Pty Ltd (ABN 69 140 500 143) includes; (a) These terms; (b) Our Service Application; and (c) our Acceptable Use Policy.

By using the Service(s), you accept and agree to these Terms and Conditions.

2. Definitions:

“Agreement” means these Terms and Conditions and the details provided to Network Technologies Queensland by the Client through any application/registration for services.

“Client” or “Customer” refers to all other persons, companies, or other entities identified on the Application for the provision of Services.

“Service(s)” means any computing and communication service provided by Network Technologies Queensland, and as modified by Network Technologies Queensland from time to time.

“Application” refers to any application made by the Client for provision of Services by providing Customer Information and or Contact Information.

“Contact Information” means the contact details, including addresses, telephone numbers, email addresses, websites, employee names, or similar of the Customer.

“Customer Information” means, other than Contact Information, any information, including data such as email data, web traffic data and any other data, in whatever form, acquired by Network Technologies Queensland in the provision of a service to a customer.

“Trial Service” a service provided to you for a limited time for the purpose of evaluating that service;

“Service” means any service (or combination of services) we agree to provide you.

3. Variation of Terms

This Agreement constitutes the entire agreement between the parties and supersedes and replaces all agreements, arrangements and understandings, whether reduced to writing or not, that may have preceded this Agreement. Network Technologies Queensland may modify these terms as applying to any agreement, the pricing structure for any service or the terms of operation by general notice, delivered by post, facsimile or e-mail.

4. Goods/Service, Price

4.1 Network Technologies Queensland may agree to provide the Client with any goods and/or services requested by the Client from time to time, at such prices and/or rates as the parties may agree. The parties acknowledge that this Contract will apply to the provision of all such goods and services unless the parties agree otherwise.

4.2 All invoiced prices, freight charges, taxes and other costs related to the provision and/or delivery of goods or services under this Application will be borne by the Client, and paid in accordance with clause 12. Without limiting the operation of the preceding sentence, the Client agrees to pay all goods and services and other taxes imposed in respect of the supply of goods or services under this Contract, provided that Network Technologies Queensland supplies an invoice specifying the amount so payable in respect of each supply.

4.3 The Customer agrees that for the purposes of any dealing with any Internet service provider, there is no relationship of agency created between the Customer and Network Technologies Queensland and the Customer deals directly and solely with the Internet service provider.

4.4 When using the Service you must comply with these Terms, the Network Technologies Queensland Acceptable Use Policy and any other instructions by Network Technologies Queensland, whether via its website or otherwise. You are also responsible for the use of your Account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply.

4.4.1 When using the Service, you must not break any laws, infringe the legal rights of any person or cause harm to the Service or its users. For example, you must not:

(a) interfere or disrupt with the Service, any other computer system or anyone else's use of them (or attempt to do any of these things), including by distributing viruses or deliberately attempting to overload a system;

(b) access, monitor or use any data, systems or networks without authority (for example by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network;

(c) send unsolicited bulk emails;

(d) forge header information, email source addresses or user information;

(e) engage in any activities which expose Network Technologies Queensland to liability.

(f) upload, email, transmit or otherwise make available any material that is unlawful, harmful, abusive, harassing, tortious, defamatory, obscene, invasive of another's privacy, or racially, ethnically or otherwise objectionable or for which you do not have the right to upload, email, transmit or otherwise make available;

(g) upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

4.5 The client acknowledges that Network Technologies Queensland may need to act on the client's behalf to request a change of MX record preference within their DNS in order to facilitate the service. This will be via communications between Network Technologies Queensland and the client ISP or DNS manager.

5. Delivery

All goods are to be delivered, and all services are to be provided, by Network Technologies Queensland with due care and diligence to or at the Client's premises, unless another place or method (such as remote communications access) is agreed by the parties.

In order receive services from Network Technologies Queensland, you must complete the Service Application form or submit your details on the Network Technologies Queensland’s Free Trial Sign Up form. Upon receipt of your application, we will setup and activate your Service(s). You will receive a welcome email, usually within three working days (emailed to address provided on the application form). This email will outline the steps you need to take to activate your requested Service(s).

Once your Service(s) are activated your 30 day opt-out period shall commence. You may terminate this agreement at any time during those 30 days, simply by sending us an email or fax.

3.5 If you do not terminate your Service(s) within 30 days of activation, then you agree to acquire and pay for those Service(s) for the minimum term stated in the terms and conditions which will renew for successive terms in accordance with clause 15 of the terms and conditions. Termination within the minimum term will result in an early termination fee being payable in accordance with our terms and conditions.

You agree to accept and pay invoices for our Service(s) 12 months in advance (The default invoicing option). Your fees will be calculated in accordance with the information you provided when you registered for the Service(s). Your invoices will be sent to your nominated “billing email address” via email.

6. Exclusion of Liability

The Customer acknowledges that there has been no reliance on the skill, judgment or any representation by Network Technologies Queensland whatsoever in deciding whether the Service is fit for any particular purpose.

Except as provided in Clause 7, Network Technologies Queensland is not liable to the Customer or any other person for:

a) Any cost, loss or liability including loss of profit or other consequential damage arising from Network Technologies Queensland’s supply or failure or delay in supplying any goods or Services.

b) The content, context or confidentiality of any communications made using any Service. Network Technologies Queensland is not able to provide support for software not supplied by Network Technologies Queensland including software downloaded from the Internet.

7. Limitation of Liability

To the extent permissible by law, Network Technologies Queensland excludes all liability for any direct, indirect, special or consequential damages however caused (whether by negligence or otherwise) in respect of any goods or service. Where such liability cannot be excluded, liability to the Customer is strictly limited at Network Technologies Queensland’s option to the following:

a) In the case of services, the supplying of the relevant services again or the payment of the cost of having those services supplied again.

b) In the case of goods, the replacement of the goods or the payment for costs of replacing the goods, the repair of such goods, and the payment of the costs of repairing the goods.

8. Breaches

The Customer shall indemnify Network Technologies Queensland from all liabilities, damages, claims, actions, proceedings and expenses (including loss of profit), incurred by Network Technologies Queensland as a result of any breach of the terms of any Agreement with Network Technologies Queensland including damages in respect of any period between the date of the actual termination (including termination under clause 16) and the date on which the Customer was entitled to terminate such Agreement in accordance with its terms.

9. Acceptance of Goods, Services

The Client is deemed to accept all goods and services upon delivery.

10. Electronic Transactions

Network Technologies Queensland and the Customer agree that, without limitation, any consent, election, execution, production or other transaction made pursuant to this Agreement will not be invalid solely on the basis that it took place by means of one or more electronic communications. The parties consent to the use of electronic communications or signature in respect of any written notice or consent required pursuant to this Agreement.

11. Passing of Property, Risk

11.1 Risk in goods passes to the Client upon acceptance of the goods by the Client.

11.2 Property in goods passes to the Client upon receipt of full payment for those goods by Network Technologies Queensland. The Client hereby authorises Network Technologies Queensland to enter onto premises where any goods for which Network Technologies Queensland has not received payment (within the time specified in clause 7) are stored and to take possession of those goods. The Client agrees to keep goods for which payment has not been made to Network Technologies Queensland separate from those for which payment has been made, and to hold such goods as bailee for Network Technologies Queensland until payment has been made for them.

12. Payment

12.1 The Client must pay to Network Technologies Queensland the invoiced price of all goods and services provided under this Application (including all taxes and any other charges):

(a) in the case of goods supplied, within 14 days after delivery of the goods; and

(b) in the case of services, on payment terms set out below, or, if no payment terms are set out below, payment in advance prior to delivery.

(c) Payment is by invoice only as stated in the application order form.

(d) If payment has not been received by the due date, Network Technologies Queensland reserves the right to suspend the account until payment has been paid in full or a late payment fee may apply and or reactivation costs of the service.

13. Confidential Information

All information (in whatever form, including any text, drawings, photographs or software) provided or made available by either party for the purpose of this Contract, is confidential unless the party providing the information states otherwise. Each party must keep confidential any confidential information of the other party, and must not reproduce or disclose it without the prior written approval of the other party, except to the extent the law requires, or the information has entered the public domain other than through a breach of this Contract.

13.1 The Customer is the owner of the Customer Information and Network Technologies Queensland will not read, disclose, deal with or use Customer Information, including the content of emails, web traffic data, or any other data necessary for the provision of a service or acquired by Network Technologies Queensland in the provision of a service to a customer, except for (a) complying with the law; (b) complying with a warrant; (c) the purposes set out in this agreement, or as agreed in writing with the customer from time to time, and such purposes include:

(a) Scanning the data for viruses, executable code, SPAM or any other form of unwanted content as specified by the client from time to time;

(b) Filtering, deleting, quarantining or otherwise managing the disposition of data, in whole or in part, in a manner as agreed with the customer from time to time;

(c) Analysing data for trends, patterns, specific data or other elements so as to improve, protect or enhance Network Technologies Queensland’s service, its systems and its business in general;

(d) Detecting fraud, illegal activity or any other reasonable purpose including maintaining the operational stability and safety of Network Technologies Queensland’s network.

13.2 Despite anything to the contrary, we may use any data which is de-identified, such as file type, industry segment, website traffic and other data for the purpose of benchmarking, reporting, market research, data analysis or any other use we determine in our absolute discretion.

14. Copyright, Other Intellectual Property

The copyright and other intellectual property in all material created by either party for the purpose of this Contract, where copyright exists, will be owned by Network Technologies Queensland unless the parties agree otherwise in writing. Network Technologies Queensland s grants to the Client a non-exclusive, non-transferable, royalty-free licence to use such intellectual property to the extent necessary to enable the Client to enjoy the full benefit of the goods or services as contemplated by this Contract. Any copyright or other intellectual property created prior to the date Network Technologies Queensland commences providing the goods or services will remain the property of the party which owned it prior to the commencement of Network Technologies Queensland providing the goods or services.

15. Term

Unless earlier terminated pursuant to further provisions herein, this Agreement shall come into force on the Service Commencement Date (specified) and continue for 12-months unless otherwise stated. If the service is terminated early pursuant to either clause 16 or clause 23, the customer must pay the minimum monthly fee for each of the outstanding months. Once the term of the Agreement has expired, the service will continue on a monthly basis and will require 30 days written notice to terminate as per clause 23.

16. Termination

Network Technologies Queensland may immediately terminate any agreement or the provision of any Service if:

a) The Customer breaches any term of any Agreement (including terms relating to payment or use).

b) Network Technologies Queensland forms the opinion in good faith that the Customer is or may be insolvent.

All deposits paid to Network Technologies Queensland will be non-refundable if at any time the order is cancelled by the Customer. All outstanding charges shall become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of any payments made under this Agreement.

17. Co-operation

The Client agrees to provide Network Technologies Queensland with all assistance necessary to enable Network Technologies Queensland to perform its obligations under this Application, including access to all necessary information, personnel and equipment, and a safe and appropriate working environment.

18. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.

19. GST

If any payment made by one party to any other party under or relating to this document constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be deemed to include GST.

20. Trial Services

Network Technologies Queensland may provide Trial Services (a Trial Service will always be identified as such) for the Trial Period.

If a Client does not terminate a Trial Service by the close of business (being 5pm AEST) on the day the Trial Period is due to end, then the Client is deemed to have agreed to acquire that service or services for a minimum term of 12 months commencing from the end of the Trial Period.

21. Client Responsibilities

The Customer shall be responsible for:

a) Maintaining its password used for access and all other User Login details in the utmost confidence in order to prevent unauthorised use and access to the Service.

b) Ensuring that the Client's System and the Service are used solely for their intended purpose.

c) Ensuring there will be no unauthorised access of Network Technologies Queensland’s System by the Client's System.

d) Notifying Network Technologies Queensland immediately of any security breach (suspected or otherwise) of the Service, or the Client’s confidential password or User Login.

e) The Client agrees to provide Network Technologies Queensland with all assistance necessary to enable Network Technologies Queensland to perform its obligations under this Application, including access to all necessary information, personnel and equipment, and a safe and appropriate working environment.

22. Provision of Service

Network Technologies Queensland does not warrant that the Service provided will be uninterrupted or error free, nor does Network Technologies Queensland make any warranty as to the results obtained from the Service. The Service is provided to the Client at such times and by such means as Network Technologies Queensland decides from time to time.

23. Account Cancellations

23.1 Only a written request via fax or email received by Network Technologies Queensland, to terminate the Service relieves the Subscriber of the obligation to pay the periodic account charge due. Written requests must be received 30 days in advance to apply the termination for the upcoming billing cycle.

23.2 Network Technologies Queensland reserves the right to extirpate, delete, and obliterate all Subscriber data, files, email and other information that Network Technologies Queensland holds in computer storage once the Subscriber's account has been terminated, for any reason, by either party.

24. Availability

Network Technologies Queensland will use commercial best efforts to provide its Service(s) with 99.9% server availability measured on a calendar month basis. To ensure optimal performance of servers, Network Technologies Queensland will perform routine maintenance on the servers which may require servers to be periodically removed from service. Network Technologies Queensland reserves one hour of server unavailability per month for such maintenance purposes and such unavailability will be excluded from uptime calculations. Whenever possible, maintenance will be performed during off-peak hours and Network Technologies Queensland will provide advanced notice.

Under certain circumstances Network Technologies Queensland may need to perform emergency maintenance such as security patch installation or hardware replacement. It is not practical to provide advance notice of such emergency maintenance procedures. Server unavailability stemming from such emergency maintenance will be excluded from uptime calculations.

Network Technologies Queensland cannot guarantee availability under any of the following circumstances:

•          Internet congestion
•          Hacker or DOS Attacks
•          Acts of Nature

25. Inconsistency

If any term or condition of this agreement is inconsistent with the law, then the inconsistent term or condition will be read down to the extent of the inconsistency (or severed if absolutely inconsistent) without affecting the balance of the licence.