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General Terms and Conditions

1. Definitions

1.1 By using or subscribing to Wellington Communications Pty Ltd you are subject to the following terms and conditions, which constitute the entire agreement between you and WellCom. All warranties, undertakings, inducements and representations whether expressed or implied, statutory or otherwise relating to the provision of services are excluded.

1.2 The user, you or your refers to any person or device that connects to WellCom for the purpose of gaining access to the system and the system refers to any computer, network, concentrator, terminal, or device that is used to supply services by WellCom.

1.3 WellCom refers to Wellington Communications Pty Ltd trading as Orana Internet Service Providers, it's affiliates, it's networks and it's system.

1.4 This agreement is governed by the law in force in the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, when determining any dispute concerning this agreement.

2. Registration

2.1 During the subscription process you will be asked for personal information and you authorise WellCom to obtain personal information about you to support your application to become a WellCom member and to conduct all relevant credit checks and searches to enable WellCom to determine your credit worthiness. WellCom reserves the right to refuse any application for an account without giving a reason. Your privacy will be respected at all times, however WellCom may monitor or keep any records necessary that relate to your use of the service.

2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number. A current Drivers Licence and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform WellCom of any changes to your personal details.

3. Notices

3.1 Regular notices are sent to your e-mail address for your information. You must regularly check your WellCom e-mail address for important notices from WellCom. Notices have been as sent when Date Stamped by the sending WellCom mail server

4. Your Conduct

4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.

4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to WellCom.

4.3 If you use obscene language, abuse, threaten or harass any WellCom staff member in person, via the telephone, fax or e-mail your account may be terminated immediately.

5. Limitation of Liability

5.1 WellCom is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed telephone calls charged by a telephone company to you.

5.2 WellCom is dependent on external network and data services, therefore you indemnify WellCom for any inability to provide such services which are beyond it's control. WellCom does not guarantee that access to any system either internal or external to WellCom, will be available at any given time or that the files, information or services will be error free or fault free.

5.3 The failure of WellCom at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. WellCom reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.

5.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to WellCom, this agreement is legally binding on your parents or legal guardians.

6. Plan Information

6.1 All current plans are published on our website at www.well-com.net.au and on all WellCom Registration Forms which are available at Office.

6.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and are subject to special conditions which, are in addition to the WellCom Terms and Conditions.

6.3 Monthly plans are charged from the 1st of the month to the last day of the current month. Excess fees for the current billing period are charged in the next billing period.

6.4 One month's fee is held in advance. Plans are renewed automatically.

7. Payment Information

7.1 All services provided are pre-paid and inclusive of GST.

7.2 Our preferred method of payment is via credit card, however payment by cash, cheque, direct debit or money order may be used.

7.3 Your signature on the Registration Form authorises WellCom to deduct, on a monthly basis and without notice, regular payments from the credit card facility you have nominated, for network services provided, registration charges, hosting charges, migration charges, data charges, account administration fees, time used, excess time or data charges and any other charges related to providing your services.

7.4 To establish this service, you are charged two months (the first month and the last month) fees in advance as per your selected plan. The first month's fee is applied to the first month of access (if you join during the month you will be charged pro-rata for the rest of the first billing month) and the last month's fee (Monies in Advance) is held until you notify WellCom that you wish to close your account. WellCom will then apply the last month's fee to your account and schedule your account for closure at the end of the following billing period. EG: closure notice received 7 days (25th May) prior to the 1st of June, your account will remain open until the 30th of June.

7.5 Your billing month runs from the 1st of the current month to the last day of the current month. Accounts must be paid by the 10th day of the same month. Accounts are processed during the first week of each month. A payment reminder will be sent on the 12th of the month and unpaid accounts are suspended on the 15th day of the same month. If the account remains unpaid on the 30th day of the same month the "Monies in Advance" will be applied to the account and the account closed.

7.6 Tax invoices and payment reminders are only sent by Email, if you require a Tax Invoice sent by other means you must make arrangements with Member Services, this service will be charged for at our current rate.

7.7 If you make a cash or cheque payment directly to the WellCom bank account you must fax a copy of the original bank receipt, including your account name and number, and the reference number, to the WellCom office to have the payment applied to your account.

8. Changing Your Plan

8.1 You may select a different plan at any time by applying to Customer Services. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect.

9. Credits

9.1 Any money deposited by you to the WellCom bank account that was not requested by a valid WellCom Tax Invoice or where there has been a procedural oversight, will be credited to your WellCom account. Money held by WellCom is not refundable and will be applied to your account until the credit has expired. WellCom will only refund money when ordered by a competent authority.

9.2 If your account is in credit and you fail to nominate a suitable plan, WellCom will select the plan for you and apply it to your account until the credit has expired.

10. Complaint Procedure

10.1 If you have a complaint, you must first allow WellCom to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party. Your complaint must be made in writing to WellCom. WellCom will investigate your complaint and provide you with a written response within 21 days of receipt of your complaint.

10.2 Failure by you to first allow WellCom to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party is a breach of this agreement.

11. Cancellation

11.1 To cancel this service, you must provide notice in writing to WellCom. The notice must be signed by the account holder, and received by WellCom seven days prior to the end of the month. To protect your security and privacy, e-mail and telephone cancellations are not accepted. If you instruct WellCom to cancel your account immediately, your account will be closed the same day and you will not be entitled to any refund. Otherwise your account will be closed in the manner described in clause 9.3.

11.2 WellCom may close, suspend or terminate your service without a refund or credit if in the opinion of WellCom you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement.

12. Amending terms and Conditions

12.1 WellCom may amend this agreement from time to time, providing 10 days written notice to you. The amendment will take effect unless you notify us in writing of your objection.

12.2 Any renewal in accordance with clause 3 subsequent to any amendment notice given by us, will despite any objection by you, be on the amended terms.

12.3 This Agreement can only be varied as provided in this clause, or by agreement of both parties.

13. Technical Support and Training

13.1 We will not be responsible for training you in the use of this Service.

13.2 Our Service includes FREE technical support for the installation and commissioning of the Service.

13.3 This support is only provided by Telephone and we are not able to provide on site visits.

13.4 Support will only be provided for supported applications as listed on our web site and you must direct all service and performance questions to the WellCom Helpdesk, and not to the Carrier, refer ADSL Terms and Conditions paragraph 7.4.

14. FAULT REPORTING AND RECTIFICATION:

14.1 We will repair faults within our network. We are not responsible for repairing any fault in the service which is caused by a supplier's network, equipment that is not owned by us or facilities outside our network.

14.2. If we investigate a fault that is caused by equipment that is not owned by us, we may charge you for investigating and repairing the fault.

14.3 If we investigate a fault and determine that the fault is caused by your breach of this agreement, a negligent or fraudulent act or omission by you or a failure of any of your equipment, we may charge you for investigating and repairing the fault.

14.4 We will provide a 24 hour fault reporting service for you to report faults. Before reporting a fault you should try to make sure that the fault is not caused by equipment that is not owned by us.