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CQnet Pty Ltd Terms and Conditions

CQnet Pty Ltd Terms and Conditions - The use of the CQNET PTY LTD and all interconnected systems is subject to the following terms and conditions:

(1) THE SYSTEM
1.1 The 'system' refers to any computer terminal or device that may be connected to or used via a connection with CQNET PTY LTD.
1.2 Files (and information) provided by the system are for non-commercial use.
1.3 CQNET PTY LTD does NOT warrant that files, information or services provided by the system will be error free, uninterrupted or suitable for any particular purpose. Under no circumstances shall CQNET PTY LTD be liable for any loss, damage or injury including without limitation any loss of profit, indirect (consequential or incidental loss damage or injury) arising from the use of the system or information obtained from it.
1.4 CQNET PTY LTD does not guarantee that access to any system (either internal or external) will be available at any given time.
1.5 CQNET PTY LTD reserves the right to alter the system rules as required without notice.
1.6 CQNET PTY LTD does not guarantee availability of service at all times including line availability at peak times.

(2) THE 'USER'
2.1 The 'user' refers to the person or device that connects to the CQNET PTY LTD system for the purpose of gaining access to the system.
2.2 The user shall not engage in placing of software or information on the system or any cache or proxy system or any interconnected system which: (i) breaches commercial copyright (ii) is unlawful and which may constitute criminal activity (iii) is obscene or abusive.
2.3 The user shall provide correct name, address and contact information when registering and will notify CQNET PTY LTD of any changes.
2.4 The user's password must be kept confidential and can not be shared by other people. Users logon name and password are not transferable and may NOT be used by any other person or machine for access to the system.
2.5 Users who elect to access information and files contained in restricted or adult areas must under no circumstances allow their unrestricted privileges to be used by minors.
2.6 When using CQNET PTY LTD to access any system internal or external to CQNET PTY LTD the user takes full responsibility morally, legally and ethically for their own actions. CQNET PTY LTD can in no way be held liable for any actions or omissions caused by the user.
2.7 CQNET PTY LTD does not take any responsibility for any costs incurred by a client dialing a number that is not a local call charge. ( Customers in extremely remote areas will need to check with their phone provider to ensure local call assess)

2.8 In accordance with the IIA Code of practice Item 5.1, Internet access accounts ('access accounts') are not provided to persons under the age of 18 years without the consent of a parent, teacher or other responsible adult. Any breach of this condition will mean an immediate termination of account.
2.9 The User will be held legally, ethically and morally responsible for their own actions when connected to any system be it part of CQNET PTY LTD or external. The User is also aware that their access is in no way transferable and that allowing others both machine and human access breaks the terms of this agreement.

(3) SUBSCRIPTIONS
3.1 Connection Fee - $22.00 is payable together with first month's full subscription charge or pro-rata subscription charge prior to system access being available to User. This Connection Fee is a once off charge and is NON-refundable.
3.2 Subscriptions - Due and payable on the FIRST of each month (i.e. you pay in ADVANCE for your subscription hours). All Subscription charges are automatically generated on a monthly basis (calendar month, NOT anniversary). Charges will continue to be generated until such time as notification in writing is received from the User to cancel the account. Your statement will also show Excess Hour charges or Excess Megabyte charges if applicable. Statements are E-MAILED to each Subscriber on the first of each month. Your Statement is also sent to your own Home Page, so you can view your account 'on-line' at our website: http://www.cqnet.com.au (go to User Home Page and follow the prompts).
3.3 Payments - may be made by Credit Card ( Visa, Mastercard, Bankcard), Cheque, Money Order, or Cash. Internet banking and payment at a Rock Building Society is available (contact us for details). For credit card customers, the balance on your statement will automatically be charged to your credit card. (If your card fails to authorise, your access will be denied). It is your responsibility to notify CQNET PTY LTD of any changes to your Credit Card details. For all other clients, payments must be received at our Accounts Department within the first seven days of each month.
3.4 Overdue Accounts - Access will be denied to any user with an outstanding balance after 7 days. Should you fail to contact our accounts department the following steps will be taken automatically:
a. ACCESS DENIED - Account unpaid by 7th day of month = access denied until payment is made.
b. CANCELLATION - If account remains unpaid by last day of the month = Account will be CANCELLED, resulting in LOSS OF: All accumulated hours; E-Mail Address, ALL E-mail and Home Page contents. ( Emails cannot be retrieve once the account has been cancelled).
c. TO RECONNECT - A re-connection fee of $22.00 (plus any outstanding balance) plus full payment (including any fees applicable) must be received prior to access being allowed.
d. COLLECTION AGENCY If there is no contact with our accounts department and money is owing on your account, the matter will be placed in the hands of a Collection Agency without notice to you and you will be responsible for any charges incurred.
3.5 ALTERATIONS - only the person whose name the account is in can make any changes to accounts. Should you wish to alter your monthly subscription, please contact our accounts section. This applies to current subscription TYPES only.
If a user wishes to change USERNAME - a $22 fee will apply - as this request requires us to cancel your existing username details and set up a new account for you..
If a user wishes to have an account be placed 'ON HOLD' there is a $5 charge for this service. Full payment of all fees (including subscription fees min $12.00 per month) must be received prior to access being reinstated. (maximum period of two (2) months).
3.6 Time Control - Users who are on the ACCESS packages will be charged at the excess per hour rate for hours used over their accumulated or package hours. Please check you own time on line time on our website www.cqnet.com.au. (go to User Home Page and follow the prompts). If you want your hours limited please contact our staff for details.
3.7 Cancellations - It is your responsibility to notify CQNET PTY LTD of your intention to cancel your account. Our system automatically renews your subscription on the first of each month, and charges will be applied to your account, unless you advise our accounts department before the end of the current month. When your account is cancelled, your E-mail address and Mailbox are deleted, it is impossible for any mail to be recovered or forwarded. To simply stop using is not considered notification. Cancellations can either be effective immediately, or at the end of the current month. If there has been usage prior to receipt of notification to cancel, the account will be subject to a cancellation charge of $15 (inc GST), together with a pro-rata charge for the number of days the system has been accessed and/or charge for any excess MB used prior to cancellation. Alternatively, the user must pay CQnet Pty Ltd the fully agreed monthly subscription fee. The lesser amount will be due and payable immediately by the User.

(4) TERMINATION
4.1 Any vulgar language, verbal abuse or harassment of any kind to a staff member or Dealer of CQNET PTY LTD through telephone/fax, 'snail mail' or e-mail will result in immediate termination of account.
4.2 CQNET PTY LTD reserves the right to revoke access to the system to any user who breaches these terms and conditions. CQNET PTY LTD at all times reserves the right to terminate a user access for any reason that CQNET PTY LTD deems fit.

(5) AGREEMENT

Once the CQNET PTY LTD system has been accessed, the User signifies their acceptance of these terms and conditions and is legally, ethically and morally bound to comply with same.
Last updated 12/11/2004