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ISPDr  Est. 1998
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Main >> Access >> Legals >> Terms and Conditions Feedback


General Terms & Conditions Agreement
Registration with ISPDr or usage of services provided by ISPDr is taken as having read and agreed to the terms and conditions of use (below). ISPDr may vary these terms and conditions at any time. ISPDr will post notification of the revised Policy on its home page and/or send notification via email. Your continued use after such posting will constitute acceptance of the variation.

Definition
The Provider is Highlevel Innovations Pty Ltd (A.C.N 065-087-354); trading as ISP DR (R.B.N. NSW U5277721). The Customer is any individual person, business, group or association who has registered with The Provider. The End User is any individual using any services provided by The Provider. The Service includes all products and services supplied by The Provider to The Customer. The Bill Due date is listed on all Invoices issues by The Provider, indicating when payments must be received. A Working Business day is all days Monday to Friday, non-public holidays.

Personal Information
All confidential information made available to the Provider will be gathered; stored; and used in accordance with our Privacy Policy.

Hardware
All NEW Hardware supplied by The Provider is covered by the specified Manufacturers Warranty only. All Refurbished Hardware supplied by The Provider is covered by a Thirty (30) day Warranty from date of installation / deployment / shipping or Invoicing, which ever comes first, unless specified in writing. All 2nd Hand Hardware supplied by The Provider is NOT Warranted at all and is used / purchased at The Customers own discretion. Customer equipment NOT collected / paid for or items that do NOT have a previous agreement and are left with The Provider in excess of 90 Days will be kept to recoup any costs for work completed or to cover storage / handling fees for the period left with The Provider. The Provider reserves the right to charge a further 10% per fortnight (14 Days) on Invoice total for storage fees on any items collected post the 90 Day period.

Provision of Service
The End User assumes and accepts all risks associated with the use of service. The Provider does not guarantee an uninterrupted or error free service. Any liability by the Provider is limited to re-supply of the service. The Provider shall not be liable for any damages, however caused, arising from the use of The Service. It is the Customer's responsibility to control the use of The Service to any End User. The End accepts all liability for all email sent using their account.
Please note: The sending of Bulk Unsolicited Email (SPAM) is illegal in Australia.

Financial Requirements
The Customer is responsible for all charges and fees incurred while using The Service and must pay them by the Bill Due date. The Provider reserves the right to limit or suspend The Service to The Customer until all outstanding monies are received. Furthermore, The Provider accepts no liability (directly or otherwise) for any loss of business, personal discomfort, or any other damages arising from the loss of service to The Customer or any End User. ISPDr reserves the right to process a fee of $33.00 to The Customer account for the "Lodging of Credit Card Dispute Claims" with their respective Banks against ISPDr. In addition, a fee of $22.00 may be charged to The Customer to reimburse ISPDr for Bounced Cheque Fees. Also, Automatic Credit Card customers must provide details for debit authority, and must supply new expiry dates. Full details of payment methods are available in the Payment Information Page.

Billing
The provider will issue Invoices to The Customer, via e-mail, on a monthly basis. All time-based accounts are billed in one minute increments; unused time on these monthly accounts is not rolled over to the next month, excluding Block Plan accounts. For all data-based accounts: the definition of 'Data' is all information sent to and from The Customer connection; unused data on these monthly accounts is not rolled over to the next month. All monthly plans have an 'extra charge' rate for additional usage - this will be charged until The Customers next normal billing date (The customer can not simply pay for another months usage and have the plan billing date changed). Requests for changes of service types require Two Business Working Day's notice; monthly services will not be changed until the next billing date. The provider reserves the right to pass on Credit Card charges (BankCard / Visa / MasterCard @ 2% and AMEX, DINERS @ 4%) for any transaction over $500. The Provider will continue to bill all accounts and debit Credit Cards until a Service Cancellation request has been approved and processed appropriately. Once a Service Cancellation has been approved, ALL billing will cease Immediately.

Service Cancellation
If the End User contravenes any Terms And Conditions of Use, The Provider reserves the right to terminate, suspend or limit the service to The Customer at any time, without notice. The Provider may also issue Warnings if the End User uses the service outside the guidelines specified in the Acceptable Usage Policy. The Provider reserves the right to Cancel all monthly services after three consecutive billing periods of no usage and time charged non-monthly services after six months of non use. Five Business Working Days notice must be given for account cancellation requests, unless The Customer is a Domain Hosting Client or has server equipment housed in the ISPDr Data Center, in which case Three (3) Calendar Months Notice is required; cancellations will take effect upon your next billing date (Normal monthly fees still apply). If The Customer is a business, including Non-Profit Organisations, Education Institutions and Charities, they must provide a cancellation request, in writing, signed by it's Authorized Representative. All cancellation requests must be directed to The Provider directly (fax, delivery or post), which will be confirmed via a Cancellation confirmation email (containing a unique Cancellation Reference Number or C.R.N.). The Customer should not consider their request to have been processed unless they receive this email containing the unique C.R.N.; it is the Customer's responsibility to follow up on all cancellation requests. When an Account or Service is Cancelled, ISPDr is under no obligation to return the Customer's equipment or premises to its original condition or configuration. Any Charges or Fees incurred by The Customer in restoring their premises or equipment to their original status are done so at their own cost.

Disclaimer
The provider accepts no responsibility whatsoever for any End User, who: Infringes on copyright laws in any country; Posts or displays any offensive material, by any means, on the Internet; Conducts any illegal activities through the use of the service. Information supplied regarding National 01983xx Dial-up is the latest information available at the time of publication. However ISPDr reserves the right to modify the services, products, or the terms described herein at any time, with or without published notification. Any call charges incurred by The Customer whilst user the National 0198xx Dial-Up number are bore by The Customer. To assist you with understanding which POP serves your area, we recommend that you contact Telstra directly for the exact definition of CCA's (Call Collection Areas) that service your area.


Extended Terms and Conditions for 'Unlimited Access Plans'
Registration with ISP DR for an 'Unlimited Access Plan' is taken as having read and agreed to the General Terms And Conditions (Above) as well as the Extended Terms and Conditions (below). ISPDr may vary these Extended Terms And Conditions at any time. ISPDr will post the revised Policy on its home page and/or send notification via email. Your continued use after such posting will constitute acceptance of the variation.

Financial Requirements
Non automatic credit card members must stay 2 months in advance at all times to allow for excess usage on a month. The Provider may suspend an account if your credit card is not processable after 7 days, $11 reconnection fee applies.

Provision Of Service
The customer agrees that this account is for single user usage only (Strictly 1 log in. No Child Accounts with Dial-In Access). The Provider may limit, or temporarily suspend new clients from joining this plan to ensure a quality service. Maximum Continuous login Time-Outs apply to these account types. See the Unlimited Access Page. for further details. The Provider defines "Data Limit" to include all data received and sent to your modem.


Extended Terms and Conditions for ADSL Plans
Registration with ISP DR for an 'ADSL Plan' is taken as having read and agreed to the General Terms And Conditions (Above) as well as the Extended Terms and Conditions (below). ISPDr may vary these Extended Terms and Conditions at any time. ISPDr will post the revised Policy on its home page and/or send notification via email. Your continued use after such posting will constitute acceptance of the variation.

Financial requirements
The Provider will not process any applications where the initial Setup fee has not been paid. The Provider may suspend or limit use of any accounts where the credit card has not been processable or alternative payment made within the given grace period of 7 days, 14 days for a Business (ABN Supplied). ISPDr reserves the right to charge a Reconnection Fee of $11.00 for all Accounts that have been suspended due to non-payment within there respective grace period. 1 month of Non-Payment deems the account inactive, allowing ISPDr the right to cancel the service immediately. Account reactivation carries a further setup fee and must be paid prior to reactivation. The Customer will be charged for their ADSL plan from the date of line provisioning. The monthly plan charge will be adjusted by the means of Pro-Rata system based on the date of provisioning. The plans included Data will also vary, using the Pro-Rata system, to coincide with date of provisioning and the next Invoice date.

Product Supply
The Provider will not dispatch or relinquish ownership of any ADSL product where payment has not been received prior to the time of product request. If Application terminated prior to Provisioning Date, a 10% restocking fee will apply to returned stock. If paid by Credit Card an additional 5% processing fee will also apply.

Provision Of Service
The customer agrees that this account is for single Customer usage only (No Dial-In Sub Accounts. Ie: Child Accounts). The Provider may limit, or temporarily suspend new clients from joining this plan to ensure a quality service. The Provider will not "Hold*" ADSL accounts, these are monthly accounts and therefore will be liable for the Monthly Fees that apply. The Provider defines "Data Limit" to include all data received and sent to your ADSL Modem/Router. The Provider will only be able to provide ADSL services based on areas that are ADSL capable, exchanges with available ADSL ports and if The Customer uses Telstra as their pre-selected phone line carrier.

Plan Alterations
Any Customers requesting alterations to ADSL plans must be submitted and acknowledged by the following schedule. Requested downgrades of an ADSL plan must be submitted by the 14th of the month, changes will be made between the 14th and 1st of the coming month. Changes to plans costs will take effect at commencement of the next month. Requested Upgrades can be submitted up until the 21st and will take effect as of the 1st, as will plans costs. A fee of $55.00 applies to all requested plan Upgrades or Downgrades and must be paid upon submission of request. Data upsizes will not be implemented until the commencement of the next full billing month.

DSL Transfers (Churn)
ISPDr supports ADSL Transfers enabling the quick and easy transition of your ADSL connection to our services. The ADSL Transfer Applicant is required to complete necessary forms in order to apply for Transfer. All forms must be completed and signed by the Appplicant or an Authorized Agent on there behalf. A fee of $55.00 is applicable to all standard ADSL Transfers only. Applications that require ADSL Transfer as well as Link Platform changes (Speed Mods) will incur an addition fee of $55.00. All fees are to be paid upon application of Transfer, unless otherwise organised with ISPDr Staff Directly or Authorized ISPDr Agent.

On-site Setups
The Customer can book an Onsite setup to be carried out by an ISPDr Employee. These On-sites are billed to The Customer based on TOTAL time regarding the On-site, Including To and From travelling time. The Customer's account will be Invoiced by SNAS for all charges related to the Onsite. These charges must be paid within the usual grace period given to the account - failure to do so can result in the "Suspension" of all services until such time the outstanding Invoice(s) are paid.

Plan Termination
The Customer must provide Ten Business Working Days notice prior to the next billing date for account cancellation requests. These will take effect upon your next billing date. Failure to do so denotes The Customer is responsible for Plan charges until the cancellation has been processed. All Terminations that occur within Twelve (12) months of provisioning will incur a Disconnection Fee of $99.00. In addition, New Application Terminations in the first month will also be liable for the initial months ADSL plan rates as well.

Fault Reporting
The Customer is to report ALL faults relating to ADSL products directly to The Provider. The Provider will then process the fault and take appropriate action to rectify this.

On-Sale
The Customer understands that ADSL accounts are under contractual agreement that does not permit these accounts types to be sold under any "Plan Resale" or "Data Resale" model provided to or from The Provider.

Satisfaction Guarantee
Available to New Customers to our service from 1st May 2004. If you are not satisfied with the Internet service we provide after three months of continuous usage. We will refund your first months payment in full. For eligibility of the Satisfaction Guarantee, The Customer must have shown considerable effort in resolving the issues with The Provider support staff regarding the service quality problem. Failure to do so, negates qualification as The Provider requires every possibility in resolving the matter before processing any refunds. Please Note: Refunds will be processed in complaince with our current Refund Policy.

Does not include: ADSL Services; New Customers on First Month FREE; Promotional Plans (As defined by ISPDr).

Notes:
"Hold"* - Defined as the following: The Provider will not "Hold" the account billing if the user is for any reason unable to utilize the service provided by The Provider. All ADSL accounts are monthly and therefore must be paid monthly regardless of The Customers usage.
First Release: 05th March 1998
Last Updated: 12th March 2010 [Hardware Section]
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