This Agreement governs the supply of services provided by Bosley Holdings Pty Ltd Trading as DCS Internet, ABN 71 613 948 575, with its offices located at 1A, 155 Queen St, Warragul VIC 3820 (herein referred to as "us", "we" or "our"), and in part by our Third-party Suppliers.
By applying for or using a Service we provide, you indicate your acceptance of all terms and conditions outlined under this Agreement.
- Agreement refers to this agreement for the provision of services by us to you.
- Charges refer to funds payable by you to us, pursuant to this agreement and including but not limited to installation, access, usage, interest, and consulting fees.
- Service refers to the supply of an Internet access, phone or domain hosting service as described by this agreement.
- Application Date identifies the date your application is received by us.
- GST stands for Goods and Services Tax and refers to the same, described in the "A New Tax System (Goods and Services Tax)" Act of 1999, and any related legislation.
- Third-party Supplier refers to a third party whose services are employed by us for the provision of services to you.
terms of this agreement
This Agreement commences on the Application Date, and will continue until Services are terminated by either you or us. If you terminate this Agreement, you will be liable for all Charges and all other amounts
that you are required to pay under this Agreement. We reserve the right to change these terms at any time. Any changes will be made available on our website at http://www.dcsi.net.au/, and are effective within 7 days.
Notices under this Agreement may be sent by ordinary post, facsimile, electronic mail ("email") or short messaging service ("SMS").
Notices will be deemed received:
- For ordinary post: three business days after dispatch.
- For facsimile, email and SMS: upon acknowledgement of receipt of transmission by our facsimile equipment, our server(s) or third-party server(s) respectively.
In accordance with the terms and conditions of this Agreement, we will use our best endeavours to provide a Service to you, and to provide the information necessary to access that Service. We will use our best efforts
to ensure a continuous Service, but this is not guaranteed. You acknowledge that:
- Continuity of the Service is dependent on a wide range of factors, many of which are beyond our control.
- Your access to the Service may be interrupted by a variety of factors, including but not limited to: Third-party Supplier network congestion, equipment failure, scheduled maintenance and peak demand.
- We may limit certain classes of traffic on our network to enhance peak performance and/or protect against network attacks where that traffic may be detrimental to the overall performance of the network.
- Any transmission speeds advertised by us refer to the maximum theoretical speed achievable through the service under ideal conditions, and the actual speed can vary for many reasons which include but are not limited to: Third-party Supplier network congestion, equipment failure, peak demand and contention ratios.
- We shall not be held liable for any losses whatsoever that you may incur due to interruption to the Service. You indemnify us from any liability, claim, action, suit, demand, loss, or any expense whatsoever arising from your use of the Service or in any way connected. This includes any negligence by us or our Third-party Suppliers.
- We cannot provide support, or accept responsibility, for content accessed via the Service.
- We have no control over the accuracy or appropriateness of any content available via the Service.
You acknowledge that:
- Your monthly access fee is billed in advance, and any applicable usage or excess charges are billed in arrears.
- All Charges invoiced by us are payable within 7 days, unless we agree otherwise. If you need an extension, please ask us. In most cases we are able to extend your terms without any penalty to you.
- All amounts expressed by us are inclusive of GST, except where noted.
- Accounts with automatic direct debit to a nominated credit card will be debited automatically overnight on the nearest business day to the date the invoice is issued.
- We may deliberately and automatically suspend your access to the Service should you not meet our terms, and charge you an administrative fee of $5.50 for late payments.
- Invoices are sent via email, and it is your responsibility to keep your contact details current. You have the option of requesting a paper bill via post, which will incur a postage and handling fee of $2.20 per month.
- You accept any excess charges that may apply for your usage of the Service, in accordance with the terms of your plan.
In some cases we may agree to, or require, special terms for payments.
- Business customers can request special terms (e.g. 30 days for payment) – we reserve the right to reject such requests.
Customers that have a poor credit history with us may be subjected to special terms at our discretion; for example, we may request 6 months
of payment in advance before providing the Service. If we are unable to provide the Service or if you cancel the Service, any unused funds paid in advance are refundable.
acceptable use policy
You agree not to use the Service for any illegal purpose, and to conduct yourself in a responsible and considerate manner. You acknowledge that the following activities are prohibited by us:
- Cracking or hacking
- Provoking or generating Denial of Service attacks
- The transmission of unsolicited commercial bulk email ("spam") or malicious software such as viruses or worms
- The transmission of copyright-infringing or pornographic material
- Unauthorised access to areas or systems on our network or any systems connected to our network
- Any act which would contravene Australian law
You must also take reasonable measures to ensure that devices accessible via the Service are secured against abuse by third parties. We may take measures to guard against the abuse of insecure services and protocols – including, but not limited to, the following:
- Open recursive DNS resolvers
- Open SMTP mail relays
- Insecure NTP, SNMP, or CHARGEN services
- Insecure code operating in our hosting environment
You are responsible for maintaining the confidentiality of access information such as usernames or passwords used by you to access the Service, and you agree not to disclose them to any other person.
You must notify us immediately if your username and/or password is lost, or if you suspect that someone else may be using them. You will be responsible for any unauthorised use of the Service.
If you deliberately or carelessly breach the terms of this policy, we may immediately restrict or terminate your access to the Service.
The Service includes free technical support covering the installation and ongoing maintenance of the Service. This support is provided in person and via email, telephone and our website.
Telephone support is available from 8AM to 9PM from Monday to Friday, 9AM to 9PM on Saturdays, and 12PM to 9PM on Sundays and public holidays. You may contact us by phone on 1300 665 575 or (+61) 03 5624 1100 internationally.
Email support is available 24 hours a day, 7 days a week by sending an email to email@example.com. We will endeavour to respond as quickly as possible, but make no guarantees as to response time.
If you are not satisfied with the resolution of a complaint handled by us, you can refer the complaint to the Telecommunications Industry Ombudsman (“TIO”). Complaints can be lodged with the TIO online at http://www.tio.com.au/ or by phone on 1800 062 058.
ownership of equipment
For Wireless services, the antenna, pole, power injector, standard router, and all AC adapters and cabling remains our property. All equipment except the antenna will need to be returned to the office should you wish to cancel the Service; the antenna will be removed by our technicians at our cost. If you have opted for a wireless router upgrade, the router becomes your property and the other equipment remains our property.
For all other services, you own any equipment that you purchase from us or bring to the Agreement.
The following terms apply if you have entered, or are entering, into a contract with us for the provision of a broadband or telephone service.
If the service is cancelled by you prior to the contract end date, you will pay us an early termination fee based on the remaining duration of the contract, unless:
- The service has not yet been provided (see below); or,
- We are in breach of contract or these terms of service
We may cancel the contract without charging an early termination fee if:
- We get your consent to to so; or,
- We offer you a credit or rebate; or,
- We are no longer able to provide a service for technical or legal reasons; or,
- If we become bankrupt or insolvent, or it appears that we will
No cooling-off period applies to the contract. The contract can be cancelled before the service is provided, but we may charge you any reasonable costs we have incurred whilst preparing to provide the service.
The monthly access fee of any contracted service cannot be changed by us, unless:
- The change has a beneficial or neutral effect on you (for example, a price reduction, or a change to your plan giving you additional data for the same price); or,
- The change is required for security or technical reasons; or,
- The change is required by law
ip address space
You acknowledge that any IPv4 or IPv6 addresses assigned to you for the use of the Service:
- Will remain the property of us or our Third-party Suppliers
- Are non-transferable, non-portable and cannot be multi-homed
- May change from time to time
If we have agreed to provide you with a Static IPv4 address, we will use our best endeavours to avoid changing it. Should a change be unavoidable, for example due to changes to our network architecture, we will
provide you with at least 7 days notice. A monthly fee of $5.50 will apply for a Static IPv4 address.