IDXNET Standard Terms and Conditions
If we accept your application for a credit account with us we
will supply you with internet services in accordance with these terms and conditions.
Acceptable Use Policy | Privacy
Policy | Privacy Principle 1.3 |
Consent to Access Credit Application | ADSL Additional Service Conditions |
Notice To Customers With Regards To Calling Number Display
| 1. |
Definitions
and Interpretation
(The words
highlighted in bold in this agreement are definitions)
IDXNET means IDXNET Computing Pty Limited ACN 070 515 481,
trading as IDXNET and its employees, officers, agents and affiliates.
Customer means the person, company or other entity on the application
form which IDXNET accepts.
Agreement means these standard terms and conditions (as amended
or varied from time to time by IDXNET), the details on the customer's
application for a credit account, the signed application form and the
type of account that the customer selects.
Service or services or internet service means the computing and
communication Internet service provided by IDXNET, and any future
modifications to the service.('the services')
Customer User ID means as specified in the customer's application
form.
Type of account means the type of account that the customer
selects to use.
Internet Services IDXNET will provide the services to the customer
upon commencement of this agreement.
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| 2. |
Commencement
The period
of service for the services commences when IDXNET registers the
Customer's User ID. It ends at the date of termination.
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| 3. |
IDXNET's
Fees and Charges
The customer
agrees to accept the pricing and charges for services for the customer's
type of account as published on the IDXNET's home page
at www.idx.com.au. The customer agrees that these form part of
these terms and conditions.
IDXNET may vary the pricing and charges at any time by giving reasonable
notice to the customer by e-mail and by publishing the new price
or charge on its home page. By continuing to use IDXNET's services
after IDXNET publishes its new price or charge the customer
agrees to accept the new price or charge.
IDXNET will send the customer a monthly account at the beginning
of each month via e-mail. The customer agrees to pay from the commencement
date a one-off charge for each User ID registered. The customer
agrees to pay within seven days of IDXNET issuing an account for:
all charges for the type of account that the customer selects,
incurred by any person using the customer's password. (The customer
must pay these charges whether or not the use of the password is authorised);
and any additional charges that the customer incurs through using
the services.
Business customers agree to pay the minimum monthly usage charge
applicable to each business account listed in the selected billing option.
The customer agrees to pay interest on overdue payments at 2% above
the overdraft rate from time to time as charged by IDXNET's principal
bankers. (This rate is published on IDXNET's home page)
The customer may change the type of account through IDXNET's
home page. The change in type of account commences when IDXNET
accepts the customer's application for the change. The change may
be given electronically and by email.
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| 4. |
Customer's
own costs
The customer
agrees to pay for: installing and using telephone lines and all other
equipment needed to use the services; all telecommunication charges for
using the services; and all government taxes, duties and levies imposed
on the customer or IDXNET in providing the services, including
GST.
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| 5. |
Acceptable
Use Policy
The customer
agrees to abide by IDXNET's Acceptable
Use policy published on the IDXNET website: www.idx.com.au.
This policy may be changed from time to time and the customer must ensure
that they are aware of any such changes.
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| 6. |
Accounts
Administrator
The customer
must immediately inform IDXNET in writing if the Nominated Account
Administrator changes.
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| 7. |
Security
Deposit
IDXNET
may require the customer to pay a security deposit before providing
any Services, or as a condition of continuing any of the Services. In
its discretion, IDXNET may use the security deposit to pay for
any costs, loss or liability caused to it by the customer. IDXNET
will refund the balance of the security deposit, without interest, when
the customer has fully performed all obligations under the agreement.
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| 8. |
Amendment
of agreement
IDXNET
may amend these terms and conditions and the agreement at any time
after giving reasonable notice to the customer. IDXNET may
give this notice electronically to the customer's e-mail address
and by posting it on its website. The customer agrees if the customer
continues to use the services after notice is given the customer
has accepted the amendment.
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| 9. |
Publication
at Customer's Risk
The customer
accepts all responsibility for any information and material that the customer
publishes over the services. The customer indemnifies IDXNET
from any liability that IDXNET incurs through the customer's
publication of anything over its services. The customer acknowledges
that IDXNET does not vet or approve anything available through
its services and that IDXNET accepts no liability for any material
available on the services. The customer accesses and uses such
information and material at the customers own risk.
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| 10. |
Provision
of Service
The customer
acknowledges that IDXNET cannot provide an uninterrupted or fault-free
service. The customer acknowledges that IDXNET provides
its services to the customer at times and by means that it decides
in its own discretion.
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| 11. |
Breaches
of the agreement
The customer
agrees to indemnify IDXNET against any economic loss to or liability
to IDXNET as a result of the customer breaching the terms
of any agreement with IDXNET. The customer agrees that this
includes the period between when IDXNET became aware of the breach
and when it was entitled to terminate the agreement. The customer
must pay to IDXNET all expenses it incurs in recovering any money
that the customer owes to it.
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| 12. |
Termination
Termination
by IDXNET: IDXNET may terminate the agreement or the provision
of any services :- If the customer breaches any term of the agreement
including those relating to payment or use; or IDXNET believes
that the customer is or may be bankrupt or insolvent; or the customer
has provided false or incomplete information to IDXNET; or if IDXNET
or a regulatory authority believes that it is not in the public interest
to continue providing the services to the customer.
Termination by the customer: The customer may terminate
the agreement at any time by giving thirty days written notice to IDXNET.
The agreement is terminated on the thirtieth day after IDXNET receives
the notice of termination. This notice may be given electronically and
by email. On termination the customer must return to IDXNET
any materials that IDXNET provided to the customer in relation
to the services.
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| 13. |
Liability
of customer on termination
Termination
by IDXNET: If IDXNET gives the customer notice of termination,
the customer must immediately pay all outstanding charges. The
customer is not entitled to any refund of payments made under this
agreement. IDXNET must use the customer's security deposit
to offset any amount that the customer owes IDXNET at termination.
Termination
by the customer: IDXNET will refund to the customer
any unused advanced payments on monthly accounts. IDXNET will not
refund to the customer any payments relating to special or discounted
accounts.
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| 14. |
Suspension
of Service
IDXNET
may suspend, in its discretion and without notice to the customer,
the services or may disconnect or deny the customer access to any
of the services: if the customer breaches any term of the agreement
- including failing to pay due charges - until the customer remedies
the breach; or if the customer does anything that IDXNET
believes violates the IDXNET's Acceptable Use Policy. During any
technical failure and modification of or maintenance to the services IDXNET
may suspend or disconnect the service without notice to the customer.
IDXNET will make all reasonable attempts to resume the service
as soon as reasonably practicable. The customer remains liable
for all charges due throughout the period of suspension.
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| 15. |
Technical
Support
IDXNET
may but is not obliged to provide the customer with technical support.
IDXNET does not guarantee the support and is not liable for any
loss or damage caused to the customer in connection with the support.
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| 16. |
Disclaimer
and exclusion of Liability
To the extent
that the law allows, IDXNET is not liable to the customer
or any other person or entity for:- negligence; or any economic loss or
liability caused by its supply or failure or delay in to supply the services;
or the content, context or confidentiality of any communications made
using the services. IDXNET cannot provide support for software
it does not supply, including software downloaded from the Internet. This
disclaimer does not apply to any term or warranty that the law does not
allow to be excluded. Any term or warranty that the law implies into this
agreement is deemed to be included in the agreement. If the law allows
it, IDXNET limits its liability at its own discretion, to: repairing
or replacing, or paying to repair or replace any damaged or faulty goods;
or resupplying or paying the cost of resupplying the services.
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| 17. |
Credit
checks and the Privacy Act
The customer
consents to IDXNET obtaining from a credit reporting agency any
necessary personal information to allow IDXNET to assess the customer's
application for credit. Information on what personal information IDXNET
may obtain and how it may use it is in the Privacy Act box below. Particular
information about an individual is governed by paragraph 1.3 of the National
Privacy Principles. A copy of the National Privacy Principle 1.3 can also
be obtained by reference to IDXNET website.
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| 18. |
Assignment
The customer
must not assign the customer's rights under this agreement.
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| 19. |
Governing
Law
The laws
of New South Wales govern this agreement. IDXNET and the customer
agree to submit to the jurisdiction of the New South Wales courts.
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CREDIT TERMS
1. In making this application the applicant acknowledges and consents to the
terms and conditions in relation to the Privacy ACT of 1988 given below which
allows IDXNET access to consumer credit reporting to allow credit assessment
of this application.
2. Credit facilities may be withdrawn on overdue accounts at IDXNET's discretion
without notice. The applicant allows IDXNET to report to the credit-reporting
agency any overdue amounts of more than 60 days and for which debt collection
has started.
3. It is understood that payment is due at date of invoice. Should payment be
defaulted then the total account becomes due and IDXNET reserves the right to
use the services of a debt collection agency or solicitor to collect debts and
if necessary report the default to a credit reporting agency. The person making
the application is the person to whom IDXNET will look for payment.
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CONSENT
TO ACCESS CREDIT APPLICATION UNDER THE PRIVACY ACT 1988
You have
provided IDXNET with information about yourself in your application. IDXNET
may disclose your credit information to a credit reporting agency. IDXNET
may use this information only in accordance with the Privacy Act 1988.
In applying for a credit account with IDXNET you acknowledge that the
following summarised sections of the Privacy Act apply to your application:
1. IDXNET may give notice of disclosure of your credit information to
a credit reporting agency. Section 18E(1) - Section 18E(8)(c) - Section
18E(3)
2. IDXNET may seek commercial credit information. Section 18L(4)
3. IDXNET may seek consumer credit information in relation to commercial
credit. Section 18K(1)(b) and Section 18K(1)(h).
4. IDXNET may use a credit report about you for collecting overdue payments.
Section 18K(1)(h).
5. IDXNET may seek from or give to other credit providers details about
your credit worthiness. Section 18N(1)(b).
If you have any particular queries you should seek independent legal advice
or refer to the Privacy Act 1988 yourself.
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to the terms and conditions
ACCEPTABLE
USE POLICY
This Acceptable
Use Policy specifies the actions prohibited by IDXNET to customers
using the Internet. The customer referred to in this document is the
customer as defined in Clause 1 of the IDXNET Terms and Conditions
or any user whether authorized or not authorized by the customer. IDXNET
may vary this policy at any time and effective upon posting of the changed policy
on the IDXNET website WWW.IDX.COM.AU.
1. All non-permanent
dial-in accounts are subject to our excessive use policy. We define excessive
use as more than 360 hours use per month as or more than 1000 MB (1 Gigabyte)
download. Download is the count of all bytes of data transferred from the Internet
to your computer. Download can happen when you are browsing the Internet, or
reading your email, etc. Download is expressed in Megabytes (MB) which is 1,000,000
bytes. Accounts may be terminated if the use is excessive for two consecutive
months.
2. We reserve the
right to terminate the use of the free web space if the download rate is more
than 100MB per month.
3. The email size
limit is 4mb per email. Emails more than two months old are deleted from our
system.
4. Session time
limit on non-permanent dial-in accounts is set to a maximum 10 hours and maybe
changed from time to time by our network administrator without prior notice.
During peak periods, session time limit maybe reduced to maximum 3 hours. Shorter
session times may exist on our special plans.
5. The customer
must not use the IDXNET network to break any Australian or International
law including criminal, copyright and intellectual property laws.
6. The customer
agrees not to publish any illegal material. The customer acknowledges
that IDXNET does not vet or approve anything available through its service
and that IDXNET accepts no liability for any material available or published
using its services.
7. The customer
agrees to conform to Internet protocols and standards and abide by the acceptable
use policies of other networks that IDXNET services is linked to.
8. The customer
abides by the security and authentication protocols of IDXNET and all
other network that it is linked to. The customer may not interfere or
circumvent any established security or authentication protocols of any hosts,
network, account or services available on the Internet. These activities are
sometimes referred to as "hacking", "cracking" or "denial of service attacks".
9. The following
activities without limitation are prohibited:
- Engage
in any activity that may jeopardize or disrupt the normal operation
of IDXNET and any network or system that it is linked to
- Breach any security measure or authentication system on the Internet
including attempt to scan, probe or test the vulnerability of a system
or network.
- Interfere with services of any network or system with the intent of
overloading the network or system
- Attempt to conceal or forge any TCP-IP packet header or any part of
the header information.
- Unauthorized monitoring of data or traffic on any network or system.
- Attempt to transfer files or computer programs to another network
or computer system without the expressed approval or consent of the
owner of the network or system.
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10. IDXNET
consider these acts as abuse of service and will cause immediate termination
of the customer's services without prior notice.
11. IDXNET
prohibits sending of any unsolicited email messages ("spamming") of any kind.
The customer may not use or attempt to use another network's mail server
to do spamming. The customer agrees not to send or forward any malicious
email or propagate chain emails. The customer must not use another email
address that is owned by another person or company without the consent or authorization
of the owner.
12. The customer
agrees to abide by all the guidelines and acceptable use and posting policy
of newsgroups. Any excessive posting or posting of irrelevant material is not
allowed.
13. The customer
is aware by doing any of these prohibited acts that it may incur criminal or
civil liability and IDXNET will fully cooperate with any law enforcement
agency in the investigation and prosecution of such activities.
Back to the terms and conditions
Privacy
Policy
IDXNET
COMPUTING PTY LTD (IDXNET) (ACN 070 515 481) advises that it will
collect personal information for the purpose of processing your application,
confirming your identity, addressing any feedback or complaints you have, answering
any queries you may have and for any purpose for which it was requested or which
directly or indirectly relates to developing and improving its products and
services.
IDXNET
proposes to abide by the National Privacy Principles espoused in the Privacy
Act 1988 (Cth).
Personal
Information is information or an opinion, in any form and whether true or not,
about an individual whose identity is apparent or can be reasonably be ascertained
from the information or opinion.
IDXNET
may exchange personal information:
- with any entity
to which it is required or authorised by or under law to disclose such information
(for instance, Federal or State law enforcement agencies and investigative
agencies, courts, and various other Federal or State government bodies);
- with others
that you have been informed of at the time any personal information is collected;
- with our business
associates and others for purposes directly related to the purpose for which
the personal information is collected
- with our professional
advisors and other contractors (for example IT consultants and mailing houses);
or
- with your consent
(express or implied), to others.
IDXNET may
also obtain personal and other information from some or all of the above to
enable it to provide its services or products to you. When it obtains personal
information and other information from third parties to whom it is referred
by you, IDXNET will assume you have made that third party aware of the
referral of the persons and purposes involved in the collection, use and disclosure
of the relevant personal or other information.
If IDXNET
use or disclose your personal information for a purpose (a "secondary purpose")
other than the main reason for which it was originally collected (the "primary
purpose"), to the extent required by law, we will ensure that:
a) the secondary
purpose is related to the primary purpose of collection and you would reasonably
expect that IDXNET would use or disclose your information
in that way; or
b) you have consented to the use or disclosure of your personal information
for the secondary purpose; or
c) the use or disclosure is required or authorised by or under law; or
d) the use or disclosure is otherwise permitted by law.
You can ask to
obtain access to your personal information which IDXNET holds, although
under some circumstances permitted by law, it may not provide such information
to you. Also IDXNET may not be able to require our contractors to provide
personal information to you.
You may be asked
to put your request in writing and to pay a reasonable fee levied by IDXNET
for that purpose. If any of the information obtained by IDXNET is incorrect
or inaccurate, it is expected that you provide the correct information so that
the information hold by IDXNET is complete and accurate and up-to-date.
Please let us know
if you believe that any personal information relating to you is incorrect.
If you have any
complaints about the way IDXNET has dealt with your personal information,
you are asked to contact IDXNET by telephone on 1300 138 788 and IDXNET
will attempt to respond to the complaints or requests made.
If you are unsatisfied
with the outcome, you may refer the matter to the Office of the Federal Privacy
Commissioner at:
Website: www.privacy.gov.au
Phone: 1300 363 992
If it is necessary
this Privacy Policy may be amended at any time. If that occurs, the amendments
will be available on the IDXNET website so that you may be aware of how
IDXNET manages your personal information.
Please contact
IDXNET if you have any questions about personal information that it holds
about you or the way it handles your personal information.
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to the terms and conditions
Privacy
Principle 1.3
IDX
Computing Pty Ltd trading as IDXNET/(IDXTEL) may be contacted by telephone 1300 138 788 or via email on www.idx.com.au. The
purposes that personal information is collected from individuals are for use
of credit assessment and network security. The organisation to which the information
would be disclosed is a credit reference bureau and the main consequences for
you if the information is not provided, is that your application for Internet
or voice services may be refused.
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Notice To Customers With Regards To
Calling Number Display
In compliance with the provisions of the Industry Code - Calling Number Display, specifically clause 7.2.3 which states :
"Carriage Service Providers receiving CLI must inform their Customers:
(a) that they are receiving the Customer's CLI regardless of whether the Customer has Blocked sending it; and
(b) any privacy implications for the Customer.",
IDXNET would like to inform all our customers how it is complying with this provision.
(For a complete text of the Code, please refer to http://www.aca.gov.au/telcomm/industry_codes/codes/c522c.pdf)
IDXNET's use of the Calling Number Display is primarily guided by its Privacy
Policy as stated above. IDXNET will also obey and implement the provisions of
the Industry Code. If you have any concern or complaints regarding the use of
your CLI by IDXNET, please call 1300 138 788 or send an email to info@idx.com.au.
Alternatively, you can address your complaints to the Telecommunications Industry
Ombudsman (www.tio.com.au) or the Federal
Privacy Commissioner (www.privacy.gov.au).
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