Broadband Terms and Conditions
1.Any support, maintenance and/or consulting by Bushtech Australia to the Customer shall be regarded as separate to this Agreement. The Customer is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer's equipment.
2. Equipment provided by Bushtech Australia to the Customer is covered by a 1 year return to base warranty unless otherwise specified.
3. If the Customer fails to comply with any of the conditions set out in this Agreement, then Bushtech Australia may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the Internet Service ceases immediately and Bushtech Australia will not be liable for any loss or damage suffered by the Customer
4. 1GB = 1000MB
5. The Customer acknowledges that Bushtech Australia cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Third Party Carrier's Network infrastructure.
6. Customers use the Internet Service at the Customers own risk and Bushtech Australia takes no responsibility for any data downloaded and/or the content stored on the Customer's computer. The Customer agrees not to make any claim against Bushtech Australia , its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the ADSL Service and Bushtech Australia 's mail service.
7. Bushtech Australia will use its best endeavours to make the Internet Service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that Bushtech Australia cannot guarantee uninterrupted service, the speed, performance or quality of the Internet Service. The Customer further acknowledges that the Internet Service is not fault free and there may be interruptions and/or access problems from time to time as Bushtech Australia depends on the performance of Third Parties over which Bushtech Australia has no control and therefore can accept no liability for problems that may arise from the Service.
8. The Customer hereby indemnify's Bushtech Australia against all liability, costs, loss or damage, suffered or incurred by Bushtech Australia, its suppliers, employees, contractors and assignees arising from this Agreement or the use of the Internet Service.
9. The Customer agrees not to assign, transfer, or re-sell any of the services provisioned by Bushtech Australia under this Agreement or any rights given by the use of this service.
10. The Customer agrees this Internet Service cannot be resold and it is not available to, but not limited to ISPs, Internet Café's and Web Hosting Company's. Otherwise charges of $10000 per month for a 256K connection, $15000 per month for a 512K connection and $20000 per month for 1500K connection from the first date of connection apply.
11. Bushtech Australia reserves the right to terminate the service immediately and recover all monies owing from the first date of connection, including the cost of recovery, caused by, or resulting from, the above activities (clause 10).
12. The Customer agrees to direct all queries regarding faults and outages of the ADSL Service to Bushtech Australia 's Technical Help Desk. The Customer is liable for any inquires to Third Party service providers or Telstra. Bushtech Australia will invoice the customer for any cost incurred by the Customer calling Telstra for any help or queries related to the Internet Service.
13. If the Customer acquires the Bushtech Australia Service by signing an Agreement provided to the Customer by a Bushtech Australia Dealer, the Customer acknowledges that the Dealer is acting as Bushtech Australia 's agent only for the purposes of receiving this Agreement from the Customer and providing it to Bushtech Australia . The Dealer is not Bushtech Australia 's agent for any other purposes or in any other capacity and the Service is not provided by the Dealer. The Customer acknowledges that the Bushtech Australia Dealer is not the Customer's agent.
14. The Customer's equipment must conform to the minimum requirements for the provisioning of Bushtech Australia 's Internet Services.
15. The Customer agrees that information concerning the Customer will be held by Bushtech Australia and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between Bushtech Australia and the Customer.
16. This Agreement shall operate and be binding upon the parties from the date of its execution.
17. The Customer agrees that Bushtech Australia may increase its charges by any new or increased Government taxes, charges, fees, duties or other imposts.
18. The Customer agrees to pay charges for the Internet Service in accordance with the Bushtech Australia Internet Price List. The Customer understands that these charges might be altered from time to time by Bushtech Australia without prior notice. However, Bushtech Australia will not increase the access charge payable by the Customer during the Initial Contract Period.
19. (For ADSL Customers) The Customer acknowledges that there may be a minor disruption to the nominated standard telephone service during ADSL installation.
20. (For ADSL Customers) Where the installation of Equipment involves a telephone line, the Customer warrants that the Customer is the legal renter of the telephone line.
21. (For ADSL Customers) The Customer agrees to nominate an existing standard telephone service for delivery, of the ADSL Service and the Customer will continue to be responsible for all costs of the nominated service to the Customer's existing carrier or to the carrier of the Customer's choice.
22. The Customer must not create any conflict with the normal operation of the Internet Service or any related facility of service.
23. The Customer is not to allow a third party to use the Internet Service without direct supervision and/or written authorisation by Bushtech Australia . The Customer is responsible for all use of the Internet Service including use that is not authorised by the Customer.
24. The Customer is responsible, for all usage charges in respect of the use of the Internet Services whether or not such usage was authorised. It is the Customer's responsibility to maintain the security of the means of access to the ADSL Services and to ensure unauthorised use does not occur.
25. Bushtech Australia does not provide usage records for some of the third party wholesaler Broadband packages as specified on the homepage of Bushtech Australia 's website.
26. Bushtech Australia will commence the Initial Contract Period and the billing cycle for data traffic, on activation date of the ADSL line, Wireless Broadband Service or Dial-up Service.
27. The Customer agrees to pay all set-up, access and usage charges (where applicable) and any other charges related to the Service chosen by the Customer by cheque, credit card or direct debit, once the ADSL line has been confirmed as available.
28. All notices shall be in writing and shall be hand delivered, or sent by post, or facsimile, and via email to the parties hereto at their respective addresses.
29. ADSL changes, additions and/or cancellations incur additional charges, as displayed on the Bushtech Australia website www.bushtech.com.au and the Bushtech Australia Internet Price List.
30. You may terminate the Service by giving Bushtech Australia 30 days notice. You must pay for the Service up until the end of the notice period. If you have agreed to take the Service for an Initial Contract Period and you seek to terminate early (including because you move premises) a pro-rated cancellation fee will apply, up to a maximum amount of $199 (refer to Additional ADSL Pricing). You authorise Bushtech Australia to debit these payments to your credit card or bank account on receipt of a termination notice from you.
31. Migrating to another Bushtech Australia access plan does not reduce the Initial Contract Period or terminate the Agreement or result in a reduction of the charges payable by the Customer to Bushtech Australia . The Customer will be charged additional set-up fees for any migration changes. The new package charges will apply from the date of the Migration to the end of the Initial Contract Period.
32. The Customer agrees that if Bushtech Australia is asked to investigate a breakdown in the Service and upon investigation it is found that the fault is not due to Bushtech Australia equipment then the Customer agrees to pay Bushtech Australia its standard hourly rate for time and travel as indicated in Bushtech Australia 's Standard Terms and Conditions.
33. Bushtech Australia reserves the right to change these Terms and Conditions without notice to the customer.
34. Bushtech Australia reserves the right to terminate the service immediately and recover all monies owing, including the cost of recovery, when payments are overdue.
35. Bushtech Australia assumes no responsibility or liability arising neither from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
36. Bushtech Australia has the right to recover revenue from the Customer for any costs incurred for damages and/or repairs and/or maintenance and/or loss of business caused by, or resulting from, any of the above activities (clause 34 and 35).
37. Bushtech Australia reserves the right to suspend or terminate, with or without notice, any Customers' account, which in Bushtech Australia 's opinion, directly or indirectly is involved in activities, which are detrimental to Bushtech Australia 's Internet Service or jeopardise the use of Bushtech Australia 's Service or its performance for other customers or how the wider community will perceive Bushtech Australia . This includes, but is not limited to ‘Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses, customers listed or cause the listing of Bushtech Australia or its Customers on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.
38. The Customer must not use the Bushtech Australia Service in a way or post to or transmit to or via the Bushtech Australia Service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the Bushtech Australia Service. The Customer must not use the Bushtech Australia Service to send unsolicited electronic mail messages to anyone. The Customer must not attempt any of these acts or permit another person to do any of these acts.
39. Bushtech Australia reserves the right to suspend without notice any Customers' account involved in offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency(ies) will be notified, and where possible offending material(s) passed on.
40. Bushtech Australia is not liable for any indirect loss or damage, loss of profits, loss of business or anticipated savings, loss, corruption or destruction of data or for any other type of indirect or consequential loss or damage whatsoever, as a result of using this Service.
41. Bushtech Australia shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.
42. These Terms & Conditions are subject to change without notice.
43. Bushtech Australia makes no warranties or representations as to the accuracy of Information in or linked to the Bushtech Australia web site and assumes no liability or responsibility for any errors or omissions in content.
44. This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Bushtech Australia relating to ADSL Internet Connection Services.
45. This Agreement shall be deemed to have been made in Darwin , Australia , and it shall be governed and interpreted according to the laws. Each of the parties submits to the jurisdiction of the Courts of the Northern Territory .
46. With unlimited plans, speeds may vary depending on the number of users on the system.
47. Minimum ADSL contract is 6-Months In Duration.
48. Wireless Broadband - The software on the client's modem may not record data usage accurately.
49. Wireless Broadband - All text messages sent using the Bushtech Sim card will be charged at 25c/text
48. Free modem installations are offered only in conjunction with the purchase of a Bushtech approved ADSL modem (see products list) from behalf of the customer. Any modem outside of this offer acquired by the customer cannot therefore be guaranteed by Bushtech for successful ADSL service and therefore assume no responsibility if this were to occur. The customer must therefore understand that Bushtech may then be able to charge at a nominated hourly rate of $110 to pursue the activation on behalf of the customer.
49. All Bushtech contracts will be assumed to have agreed to the Terms and Conditions outlined by Bushtech Australia before commencement and that these Terms and Conditions will be offered as a part of the sign up process by a Bushtech rep.