1. General Agreement
QuikWeb Internet (hereinafter
referred to as "QuikWeb") and the Customer (being
an entity subscribing to QuikWeb Internet for
the provision of ADSL Services, accept, without limitation
or qualification, these terms and conditions);
The Customer agrees to be bound by ALL QuikWeb
Internet's Terms and Conditions as displayed on the
QuikWeb Internet Internet web site at www.quikweb.net.au.
The Customer understands that ALL QuikWeb Internet's
Terms and Conditions can be amended from time to
time. Customers are bound by any revisions as at
the date they are displayed and should regularly
examine the current ADSL
Terms and Conditions, and the Standard
Terms and Conditions displayed on the QuikWeb
Internet web site at www.quikweb.net.au.
If the Customer fails to comply with any of the conditions
set out in this Agreement and/or with QuikWeb
Internet's Terms and Conditions, QuikWeb Internet
may terminate this Agreement immediately by giving
written notice. On termination, the Customer's right
to use the ADSL Service ceases immediately and QuikWeb Internet will not be liable for any loss or
damage suffered by the Customer.
This Agreement shall operate and be binding upon
the parties from the date of its execution.
This Agreement shall be deemed to have been made
in Brisbane, Australia, and it shall be governed
and interpreted according to the laws, including
conflict of laws, applicable in the State of Queensland.
Each of the parties submits to the jurisdiction of
the Courts of Queensland.
QuikWeb Internet reserves the right to change
these Terms and Conditions without notice to the
Customer.
The Customer agrees that information concerning the
Customer will be held by QuikWeb Internet and
may be used to enable both parties to perform obligations
defined in this Agreement and any other agreements
between QuikWeb Internet and the Customer.
This Agreement overrides and cancels any previous
agreements, whether verbal or otherwise, arrangements
or commitments between the Customer and QuikWeb
Internet relating to ADSL Internet Connection Services.
2. Provision of Service
In order for QuikWeb Internet ADSL to be provided,
your computer hardware must be ADSL ready. Your telephone
line must also support ADSL. Checks to confirm your
telephone line can support ADSL are completed upon
registration; however this does not guarantee that
you can get QuikWeb Internet ADSL at your location.
The Customer agrees and understands that in some cases
it may not be possible to provide the ADSL Service
due to Third Party Carriers Network and in such an
event both parties will be released from their obligations
under this Agreement and QuikWeb Internet will have
no liability to the Customer. The Customer also accepts
that some services offered by the Third Party Carrier's
Network infrastructure are incompatible with the ADSL
Service and may not be available to the Customer after
connection to the ADSL Network.
The Customer agrees and understands that their ADSL
application may be rejected/delayed by Telstra due
to, but not limited to, transpositioning (the line
cannot carry ADSL). The Customer acknowledges that
this is an issue with Telstra and not directly with
QuikWeb Internet.
The Customer acknowledges that there may be a minor
disruption to the nominated standard telephone service
during ADSL installation.
Where the installation of equipment involves a telephone
line, the Customer warrants that the Customer is the
legal renter of the telephone line.
The Customer agrees to nominate an existing standard
telephone service for delivery of the ADSL Service
and the Customer will continue to be responsible for
all costs of the nominated service to the Customer's
existing carrier or to the carrier of the Customer's
choice.
The Customer is required to make sure their telephone
line is active at all times. If the ADSL connection
is cancelled due to, but not limited to, a client’s
telephone service being suspended or a change of lease/retail
details, a charge will be payable to reconnect the
service.
The Customer is not to allow a Third Party to use the
ADSL Service without direct supervision and/or written
authorisation by QuikWeb Internet. The Customer
is responsible for all use of the ADSL Service including
use that is not authorised by the Customer which includes
viruses.
The Customer agrees to direct all queries regarding
faults and outages of the ADSL Service to QuikWeb
Internet's Technical Help Desk. The Customer is liable
for any inquires to Third Party service providers or
Telstra. QuikWeb Internet will invoice the Customer
for any cost incurred by the Customer calling Telstra
for any help or queries relating to the ADSL Service.
Equipment provided by QuikWeb Internet to the Customer
is covered by a 1 year return to base warranty at the
Customer’s expense. Replacement units are not provided
until testing has been completed.
QuikWeb Internet will only deliver the customer's
equipment to the shipping address as indicated by the
Customer on the registration form.
In a situation where a Customer is not able to receive
ordered equipment and the equipment is returned to
QuikWeb Internet, the cost of the return is carried
by the Customer.
If you have a "Back to Base" alarm, depending on the
type of alarm, you will need to install a filter or
a central splitter. You will need to contact an Austel
approved technician or Telstra to install the central
splitter. For further information contact QuikWeb
Internet. QuikWeb Internet will charge the Customer
for redirection of the delivery.
3. Billing
The Customer agrees to pay charges for the ADSL Service
in accordance with the QuikWeb Internet Price List.
The Customer understands that these charges might be
altered from time to time by QuikWeb Internet without
prior notice. However, QuikWeb Internet will not
increase the access charge payable by the Customer
during the Initial Contract Period.
ADSL changes, additions and/or cancellations incur
additional charges, as displayed on the QuikWeb
Internet website (www.quikweb.net.au) and the QuikWeb Internet ADSL Price List.
The Customer agrees to pay all set-up, access and usage
charges (where applicable) and any other charges related
to the Service chosen by the Customer by credit
card, once the ADSL line has been confirmed
as available. Payment options may vary depending upon
your package selection.
QuikWeb Internet will commence the Initial Contract
Period on the day QuikWeb Internet ADSL is installed
on the Customer’s telephone line. The initial payment
will include (but is not limited to):
The relevant Activation Fee
The remainder of current month.
Downloads in excess of monthly allowances may attract
an excess downloads charge, as specified in each plan.
Once the specified monthly download allowances are
reached, speed is reducred to 64k until the end of
the relevant month.
You may terminate the Service by giving QuikWeb
Internet 15 days notice before the end of your current
instalment period. The Service has to be paid up to
the end of the notice period. If you have agreed to
take the Service for an Initial Contract Period and
you seek early termination, then a cancellation fee
will apply (as stated on the ADSL Plans Pages). Any
unused time as at the date of cancellation will not
be reimbursed. If for any reason the disconnection
is not genuine you will still be liable for the balance
of the contract. You authorise QuikWeb Internet
to debit these payments to your credit card or bank
account on receipt of a termination notice from you.
Any support, maintenance and/or consulting by QuikWeb Internet to the Customer shall be regarded as
separate to this Agreement. The Customer is responsible
for any expenses relating to, but not limited to cabling,
configuration, reconfiguration and/or modifications
to the Customer’s equipment.
The Customer agrees this ADSL Service cannot be resold.
The Customer understands that changes to the contract,
such as changing the address at which ADSL is installed,
will incur an additional charge. The Customer agrees
to pay the then current administration fee before any
changes are made.
The Customer understands that a change in bandwidth/speed
and/or package and a change in type of connection will
incur a fee - refer to additional ADSL pricing at www.quikweb.net.au/otherpricing.php.
The Customer understands they may also incur a disruption
to their ADSL service.
4. Usage
The Customer is responsible for all usage charges in
respect of the use of the ADSL Services whether or
not such usage was authorised. It is the Customer's
responsibility to maintain the security of the means
of access to the ADSL Services and to ensure unauthorised
use does not occur such as the use of security software
such as firewalls or the periodic changing of passwords.
5. Liability
The Customer acknowledges that QuikWeb Internet
cannot be held responsible for any loss incurred by
the Customer because of faults and/or failures within
the Third Party Carrier's Network infrastructure.
Customers use the ADSL Service at the Customers own
risk and QuikWeb Internet takes no responsibility
for any data downloaded and/or the content stored on
the Customer's computer. The Customer agrees not to
make any claim against QuikWeb Internet, its suppliers,
employees, contractors or assignees for any loss, damages
or expenses relating to, or arising from, this Agreement
or the use of the ADSL Service and QuikWeb Internet
mail service.
QuikWeb Internet will use its best endeavours to
make the ADSL Service available to the Customer 24
hours a day, 7 days a week. The Customer acknowledges
that QuikWeb Internet cannot guarantee uninterrupted
service, the speed, performance or quality of the ADSL
Service. The Customer further acknowledges that the
ADSL Service is not fault free and there may be interruptions
and/or access problems from time to time as QuikWeb
Internet depends on the performance of Third Parties
over which QuikWeb Internet has no control and therefore
can accept no liability for problems that may arise
from the Service.
The Customer hereby indemnify's QuikWeb Internet
against all liability, costs, loss or damage, suffered
or incurred by QuikWeb Internet, its suppliers,
employees, contractors and assignees arising from their
use of the ADSL Service.
QuikWeb Internet shall not be liable for the consequences
of an occurrence of any event beyond its reasonable
control and such event shall not amount to a breach
of this Agreement.
6. DSL Transfer Agreement
QuikWeb Internet will supply the DSL service from
the date the transfer takes effect (the Customer will
be notified when this happens).
The Customer will pay QuikWeb Internet for all charges
associated with the transfer.
The Customer will still be responsible to their current
DSL supplier for any charges incurred and/or billed
up to the date the transfer takes effect.
QuikWeb Internet may refuse or cancel the Customer’s
service on the basis of its credit assessment of them.
After the transfer, the Customer may not be able to
receive certain benefits they currently receive from
their DSL supplier (e.g. discounts or specific product
enhancements).
The Customer authorises QuikWeb Internet to act
on their behalf to transfer their DSL service.
QuikWeb Internet does not provide support for non-QuikWeb Internet supplied equipment.
The Customer’s DSL service will remain active with
their current DSL supplier until the transfer takes
place.
The Customer will need to contact their current DSL
supplier about any faults with their DSL service until
this transfer takes place.
The Customer may experience an outage in their DSL
service of up to 4 hours whilst the transfer takes
place.
The downtime of the DSL service may take up to 4 hours,
however QuikWeb Internet is not liable for any delays,
as we are dependent on a 3rd party.
QuikWeb Internet holds no liability if the DSL transfer
is rejected.
The Customer is the account holder of the DSL service(s)
listed above, or is authorised by the account holder
to transfer this service to QuikWeb Internet.
The Customer understands that it is their responsibility
to check the terms of their contract with their current
DSL supplier to determine if there will be any consequences
under that contract as a result of this transfer (such
as an early termination payment).
The Customer authorises QuikWeb Internet to confirm,
on their behalf, their current technical data to be
used for the DSL transfer process only.
7. User Responsibilities
The User shall not use the Service so as to interfere
with or disrupt the network users, services or equipment.
Disruptions include, but are not limited to, distribution
of unsolicited advertising, propagation of computer
worms and or viruses, transmission of excessive traffic
(such as flood pings), using the network to make unauthorised
entry to any other machine assessable via the Service,
sending harassing or threatening electronic mail and
forgery (or attempted forgery) of electronic messages
and or Usenet news postings.
The User agrees to refrain from posting of messages
to inappropriate Usenet newsgroups, to refrain from
mass, unsolicited e-mailing, to post advertising only
where appropriate, and in venues that specifically
encourage or allow advertising.
The User hereby indemnifies the Company in respect
of any loss or damage claim suit or proceeding against
the Company by any person arising out of the use of
the service by the User including but not limited to
the transmission of any illegal and/or fraudulent material.
It is the User’s responsibility to ascertain the full
cost of accessing the service, included but not limited
to carrier charges imposed by any telephone Company
used to access the service.
The use of the service is at the sole risk of the
User. The Company only controls and/or monitors the
content and information accessed via the service to
the extent specifically required by law, and the Company,
its agents or its employees shall not be held responsible
in any way for any content or information accessed
by the service.
The User is responsible for the selection and use
of security features and backup of any information
or data. The Company takes no responsibility for any
information, data, viruses or worms stored on its machines
or passing through its network.
The User takes full responsibility for all uses of
the service, whether such usage is the result of deliberate
and/or negligent action on their part.
The service is not available to any person under the
age of 18. The Company may request a copy of identification
confirming that the User is over 18 years. If a User
allows a minor access to the service, it is the sole
responsibility of the User to supervise the minor’s
activities.
Some of the software that the Company provides is
shareware. It is the User's responsibility to ensure
that any charges that are payable for use of the software,
above and beyond the free trial period, are paid in
full to the appropriate entities.
The User shall choose a secure password and ensure
that this password is not disclosed to any unauthorised
person.
8. Termination
This agreement may be terminated by either party with
the giving of 30 days notice to the non-terminating
party.
It is the User’s responsibility to notify the Company
if the service is no longer required.
The Company reserves the right to temporarily disconnect
the User in the event of serious operational faults
or security incidents arising through the User’s connection
to QuikWeb Internet ADSL and/or FIX or in the event
of continued abuse of this agreement by the User.
The User will be disconnected without notice for serious
breaches of these conditions.
Either party is entitled to immediately terminate
this agreement by notice in writing to the other party
in the event that: an order is made or an effective
resolution is passed for the winding up of the other
party; or an administrator of the other party is appointed.
The forbearance on the part of the Company from terminating
the service on the first date the Company is entitled
to do so shall not constitute any waiver of the Company’s
rights to maintain strict time limits for payment and
insist upon standards of User behaviour pursuant to
this agreement.
QuikWeb Internet reserves the right to terminate
membership of any Small Business Partner for any business
or other practices which QuikWeb Internet considers
inappropriate or detrimental to be associated with
the QuikWeb Internet trading name.
9. Cancelling Contract
Cancelling a DSL service during the contract period
will result in a cancellation fee of $160.00
