Terms and Conditions

By using or subscribing to Sydney.net you are subject to and agree to be bound by the following terms and conditions:

1. Definitions
1.1 "Sydney.net", "our", "us", "we", "system" or "service" refers to Sydney.net, its networks, its systems and its services.
1.2 "You" or "your" refers to any subscriber, customer, member, person, corporation or device that connects to Sydney.net for the purpose of gaining access to the service and the system refers to any computer, network, concentrator, telephone, mobile telephone, PSTN line, terminal, or device that is used by Sydney.net to supply the service.

2. Our Policy
(a) We provide Telephone & Internet services for the family, home user and small business at the same price everywhere in Australia ! with great "value for money" and "affordable" services that everyone can enjoy.
(b) Our services are designed to be shared by you in a fair and equitable manner and not to be monopolized or abused by you at the expense of others.
(c) Our Customer Service staff are there to help and assist you to find the resources or information required and to make your Telephone & Internet experience with us more pleasurable. We are unable to assist you with any support, repair or training for services or software that we have not provided you.
(d) We operate a credit policy which is designed to minimize bad debts, keeping operating costs as low as possible and passing on any savings to you.
(f) If you are not able to abide by our policies and general conditions of service, you should make arrangements to find an alternative service more suitable to your needs.

3. Application for Service
3.1 When you apply for a service with us, you will be asked for personal information and you authorise us to conduct any relevant credit checks necessary to enable us to determine your credit worthiness.
3.2 You must be at least eighteen years of age, and provide your correct name, Date of Birth, current address and telephone number. We may also ask you for a copy of your current Drivers License as part of determining your correct identity.
3.3 Your privacy will be respected at all times, however we may monitor or keep any records we may consider necessary about your use of our services.
3.4 Your application form is subject to this document and forms part of this agreement. We may accept and rely on a facsimile copy of your application form as if it was an original and you will be bound by it as if it was an original.

4. Plans & Pricing Information
4.1 All our current plans and pricing are published on the Sydney.net Web Site and on our brochures which are available at locations where our services are sold.
4.2 Our published plans may be subject to change for time to time and we will provide you with appropriate notice via e-mail, in the event that any change in our opinion, is detrimental to you.
4.3 Some of our plans are offered purely for promotional purposes and are subject to special conditions which are in addition to our standard conditions in this document.
4.4 If you would like to change your plan, you may request a plan change by email.
4.5 Any unused hours and/or unused data or calls on your current plan will not carry over to the new plan you have selected and any applicable excess fees must be paid to us before your plan change will take effect.
4.6 If you have applied for the supply of a pre-configured modem/router with your broadband adsl service, that router will be supplied configured to operate in the default manner for Australia, as set by the manufacturer of the modem/router; should you require it to operate in other than that default manner, you will be responsible for its re-configuration.
4.7 Where a plan incorporates a set amount of data per month, notwithstanding anything else in these Terms and Conditions, that data amount applies to the calendar month.
4.8 Where a plan incorporates a set amount of data for a "peak" or "off-peak" period, that period is taken to be your local time, inclusive of any adjustments for daylight saving.

5. Your Conduct
5.1 When you use our service, you must not place, store or relay software or information on our system which is unlawful, or attempt to access internal areas of our system or engage in any form of "hacking", "relaying", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", or any disruptive action against our system.
5.2 The password we provide to you must remain confidential and is not transferable and you may not assign, transfer or resell this agreement or service.
5.3 Our services may not be re-sold or used to provide data feeds for other systems, services or locations.
5.4 You are responsible for selecting and maintaining at your own expense any facilities or equipment necessary for you to connect to our system.
5.5 Our services are designed to be shared in a fair and equitable manner with other members utilizing our service and you may not use our service in such a way that in our opinion will adversely affect other members.
5.6 Our web hosting services are provided with no warranty, express or implied.
5.7 We are not responsible for your data, files, or directories hosted on our web hosting system. You are solely responsible for maintaining your own data, file, and directory structure backups.
5.8 Any material you submit for publication on our web hosting system must not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary right of others, or contain anything pornograhic, libellous, illegal or harmful.
5.9 You may not use our system or service as a means to transmit or post defamatory, harassing, abusive, or threatening language.

6. Payment Terms & Method
6.1 You agree to pay for any services we provide to you, regardless of whether it is you or a third party who uses the services.
6.2 You agree that you will be charged for services we provide at our current prices published on the Interwerks Web Site from time to time.
6.3 We operate a strict credit policy designed to provide you with low prices and to minimize our bad debts.
6.4 Our standard method of payment is via credit card, however we can provide you with alternative payment methods if you contact our accounts department.
6.5 All Credit Card billing is done by Sydneywerks or its nominee and Sydneywerks is the name that will appear on your Credit Card Statement.
6.6 You can also make single Credit Card payments by calling 1300 720 207.
6.7 When you pay by Direct deposit, or EFT (Electronic Funds Transfer), your payment should be made to the Sydneywerks bank account along with your Customer Number for reference.
6.8 If you are paying by cheque, your cheque should be be made payable to Sydneywerks and you should attach your Remittance Slip and Customer Number for reference.
6.9 At the time of first subscribing to our service you are charged one (1) month’s fees as per the plan or service you have selected.
6.10 You are charged a once-off set up or fast churn fee at the time of first subscribing to us.
6.11 The minimum contract length for the provision of services by Interwerks may be 3, 6, or 12 months, depending on the service supplied; should you cancel your service within the minimum contract length specified for a service a disconnection fee applies.
6.12 If you join us during the month, your month of service and your service charges will commence on the date the service is first made available to you. You will be liable for service charges in subsequent months on the anniversary of the date the service is first connected. However, please note 4.7 with respect to plans having set amounts of data included.
6.13 You will be sent a notice on or after the first day of each service month advising you that your payment is due for payment within seven (7) days.
6.14 If you have not paid your account on or by the seventh (7th) day after the payment notice, you will be charged a late payment fee of $15.00.
6.15 If you dispute the amount of any charge, you must advise us of the disputed amount and pay the undisputed amount on or by the seventh (7th) day after the payment notice or you will be charged a late payment fee of $15.00..
6.16 If your account remains overdue by the fourteenth (14th) day after the payment notice we may suspend all or part of your Services until you pay us all outstanding amounts.
6.17 If your service is suspended by us, we will charge you a re-connection fee of $55.00 to re-activate your service.
6.18 If your account remains overdue by the twentyeighth (28th) day after the payment notice, we may cancel your service and you will then also be liable for any further charges due as a result of early termination of your contract. A cancelled service can not be re-activated.
6.19 Nothing in this section affects our rights to terminate this agreement.
6.20 If you direct us to transfer any Services to another supplier, you must pay us all amounts up until the time we stop providing you any services and any other charges that we may become aware of after the date of transfer that relate to the services we provided to you.
6.21 If you direct us to transfer any service to another supplier, you must give us a least 30 days notice of such transfer or you will be liable for one month's service charge for that service in lieu of that notice.

7. Voice Services
7.1 If you chose to have us provide your telephone services, your services will be preselected to us and you agree to use us exclusively to provide all your long distance calls and not to use another carrier's override code.
7.2 When using our services, you agree to comply with all statutes, regulations, by-laws or licence conditions of any government body, and not to breach any person's rights or otherwise cause us or another carrier a loss, liability or expense.
7.3 You may not resupply this service to another person or corporation.
7.4 We may provide your voice and associated voice services through any carrier we choose and without reference to you.
7.5 Your service will be provided to the standard that our voice supplier provides the service to us.
7.6 We will use our best endeavour to reinstate your service if your service is disrupted.
7.7 Our obligations to provide the service to you will cease when when you transfer your service to another provider.
7.8 If we are unable to discuss pricing options with you, we will select our best value rates for you.
7.9 If you have chosen to subscribe to our bundled services we will charge you at the published rates.
7.10 Line Rental: If you have not subscribed to our bundled services, we will charge you at the Standard Telephone Service rates published on the Sydney.net web site.
7.11 Charges We will charge you monthly access charges, line rental, call charges and any relevant service charges as per the published rates on the Sydney.net web site.
7.12 We will charge you for any timed calls on a per second basis.
7.13 We will charge you in blocks of 30 seconds for any calls to global and satellite services such as Inmarsat, International Network Shared Code and Iridium.
7.14 Plan Change or Cancellation If you change or cancel your service plan, this does not take effect until we process your request. We will tell you of the likely timeframe when we receive your request or tell you when your request has been actioned.
7.15 Transfer or Churn" of Services to Sydney.net When you transfer or churn your services from another provider to us, you authorise us to sign on your behalf and in your name any forms required by us to transfer or churn the services as we direct.
7.16 You agree to immediately pay your previous provider any amounts owing to them for your services up to the date you agreed to transfer your services to us.

8. Notices
8.1 We will send regular notices to the E-mail address you have provided on your application form.
8.2 You must regularly check your E-mail address for important notices from us.
8.3 Notices are deemed to have been sent by us when date stamped by our sending mail server.

9. Cancellation
9.1 To protect your security and privacy, we cannot accept cancellations over the telephone.
9.2 To cancel your service you can request a cancellation by email and our customer service department will contact you to finalise your account.
9.3 When you cancel your service, any money we are holding against your account will be applied against your last month of service, provided you have cancelled your service prior to the twentieth (20th) of the previous month.
9.4 When you cancel your service or transfer it to another provider, you must provide us with at least 30 days notice of such cancellation or transfer, or you will be liable for an extra month's service charge.

10. Complaints & Dispute Resolution
10.1 We understand that disputes and misunderstandings can arise between you and us and that conversations with different people can result in miscommunication.
10.2 For this reason, please forward the details of any complaint or dispute you may have in writing by email.
10.3 On receipt of your written complaint, we will investigate your complaint carefully with a view to resolving it to your satisfaction within ten (10) business days.

11. Limitation of Liability
11.1 We are 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 our service or information obtained from it.
11.2 We are dependent on external network and data services, therefore you indemnify us for any inability to provide such services which are beyond our control. We do not guarantee that access to any service either internal or external to our system, will be available at any given time or that any files, information or services will be error free or fault free.
11.3 Our failure 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. We reserve the right to alter any services as required and to subcontract or assign this agreement without giving you any notice.
11.4 This agreement is binding upon you, your executors and administrators. If you are underage and have failed to disclosed this to us, this agreement is legally binding on your parents or legal guardians.

12. Use of Information and the Privacy Act 1988
12.1 You agree to provide us with any information requested in connection with the provision of Services to you under this agreement and you authorise us to use the information provided by you as set out below, subject to the provisions of the Privacy Act, 1988, the Telecommunications Act, 1997 and any other applicable act or mandatory code of practice:
12.2 You authorise us and consent to us exchanging with other carriers all information about you and the Services provided to you by us including, but not limited to, your name, billing address, street address, relevant telephone numbers and any information obtained by us for the purpose of processing your application; and
12.3 Any other carrier exchanging with us any information in the previous carrier?s possession or under its control in relation to the services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and
12.4 You authorise us to obtain from a credit reporting agency a credit report containing personal credit information about you in relation to commercial credit provided by us to you; and
12.5 You authorise us to obtain personal information about you from other credit providers, whose names you provided to us or that may be named in a credit report, for the purpose of assessing your application for commercial credit made to us; and
12.6 You authorise us to obtain a consumer credit report about you from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by you; and
12.7 You authorise us to provide any information about you to any law enforcement agency as required or authorised by statute or regulation.
12.8 We may refuse to provide you with information held about you where to do so would in the case of personal information would pose a serious and imminent threat to the life or health of any individual; and
12.9 Where us providing access would have an unreasonable impact upon the privacy of other individuals; and
12.10 If the request for access is frivolous or vexatious; the information relates to existing or anticipated legal proceedings between the organisation and the individual.

13. Termination
13.1 We may immediately terminate your service by written notice, via e-mail, fax or letter, if in our opinion you breach any term or condition of this agreement; or
(a) a receiver or receiver and manager is appointed over any of your property or assets; or
(b) a liquidator or provisional liquidator is appointed to you; or
(c) you become bankrupt or you enter into any arrangements with your creditors; or
(d) you assign or otherwise deal with your rights under this agreement; or
(e) you cease to carry on business; or there is a material change in your direct or indirect ownership or control.
13.2 We may also terminate this agreement at any time by providing you with a written notice via E-mail, fax or letter, if the voice carrier we currently use ceases to provide necessary services to us.
13.3 You agree to pay for all services utilised during the term of this agreement.
13.4 If your service is terminated by us, you are personally liable and responsible for any money owning to us even if you signed the application on behalf of a corporation, business or other party.