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City Cable Terms & Conditions (March 1, 2008)

Definitions
'City Cable' or 'the Company', means City Cable Pty Ltd (ACN 118 963 410) 'Service' means access to the worldwide computer network (the internet) over City Cable maintained and owned data networks. The 'Customer' means the User of the Service.

Agreement

This Agreement outlines the Terms & Conditions under which City Cable provides an Internet Service to its Customers. This Service is based on the assumption that the Customer has read and fully understands this Agreement.

  1. Connection time is usually 5 to 7 working days, however City Cable will not accept responsibility or liability for any delays beyond its control. In addition City Cable will NOT accept financial responsibility, or take any liability for any cabling faults, building connection faults, cabling deficiencies, or cable breaks to apartments.
  2. City Cable will endeavor to provide the Customer with a 24-hour, seven-day-a-week Service. However, there may be downtimes for various reasons, including; but not limited to: network hardware or software upgrades, faults or maintenance, relocation of business premises, server dysfunction, or difficulties beyond its control. The Company will endeavour to give the Customer adequate notice of all such downtime. It will, in good faith, try to minimize these downtimes but cannot offer any guarantees. Any credits or refunds for disruptions to the Service will be provided at the sole discretion of City Cable.
  3. Customers must provide their own software & equipment to connect to the Service. This includes network cards & CAT5 cable etc, to access the LAN. The cost of all equipment needed to access the Service is the sole responsibility of the Customer. 
  4. City Cable will provide the Customer with a Customer Username & Password for account verification. Internet setup instructions will also be provided for one-user access only.  Additional users in each apartment must fill out separate application forms.
  5. After setup, the Customer will be billed monthly in advance. All accounts are considered to be on-going and active, and will be automatically renewed unless City Cable is notified in advance by email. The first bill will include a one-off setup fee, the balance owing to the end of that month, plus the fee for the following month. The Customer’s account will be debited on the 1st of each month thereafter.
  6. If the transaction cannot be processed on the 1st of the month, for whatever reason, an email will be sent informing the Customer. Fail Payment fees of $8.80 will be charged directly from EziDebit. A second attempt will be made on the 7th of the month. If this fails, the Service will be disconnected immediately & the Customer will be billed for $16.50 late-penalty fee.
    The Service will then remain suspended until the Customer arranges to pay the outstanding account, including the late penalty fee. If this is not paid by the 15th of the month, the account will be handed to a debt collector & a reconnection fee of $50 will be charged if the Customer continues to use the Service.
  7. Accounts with Contracts cannot be suspended. No-Contract accounts may be suspended, but for a minimum of 30 days. City Cable must be notified of this request by email at least 14 days in advance. Note: there are no charges or fees billed during the suspension period. The account will only be re-activated when City Cable is notified, by email, to re-start the service.
  8. To CHANGE plans, the Customers must email their request at least 14 in advance.
  9. If they wish to CANCEL the Service, the Customers must email their termination notice at least 30 days in advance. The notice must be sent to accounts@citycable.com.au and must include the Username and Password for verification.
  10. All existing Cable-1 plans have 'Unlimited Downloads' up to 30GB a month. If that limit is exceeded, they may be traffic-shaped to 64K/64K. The new 1 GB Cable-2+ plan, only, is subject to a $0.15 per MB over-data charge. But this is capped at $199 per month. The other Cable-2+ 10BG and 30GB plans will also be traffic-shaped down to 64K/64K if their allowances are exceeded.
  11. It is strictly forbidden to resell this Service to 3rd parties or to use the Service for any form of FTP or for web hosting services.
  12. The City Cable Service must not be used for any illegal or fraudulent activities, including those prohibited under the Australian Government’s Telecommunications Act or under any other Australian State and Commonwealth laws.
  13. It is the Customer's responsibility to familiarise themselves with internet etiquette. Specifically, this Service cannot be used for any purposes which may be considered disruptive to network resources, including; but not limited to, 'spamming' in the form of the mass-posting of messages to newsgroups, sending advertising 'junk' mail, chain letters, or sending threatening, fraudulent or unwanted messages over the Internet.
  14. In the above circumstances City Cable reserves right to terminate its Agreement with the Customer immediately. Any outstanding amounts owed by City Cable to the Customer for unused hours or credits of any kind, will be forfeited by the Customer.
  15. The Customer shall not hold City Cable liable for any damages or losses arising from network downtimes related to the use of this Service. The use of this Service is at the Customer's own risk & City Cable shall not be held responsible in any way for the content accessed from, and the conduct of other users on, the internet..
  16. If Customers wish to change their mind & terminate this Agreement, they must do so within seven (7) days of signing this document. This notice MUST be emailed to City Cable, including the Username & Password for verification purposes. Customer's monthly payment, but not the setup fee, will be refunded minus a $25 cancellation fee. If the Customer has used the City Cable Service in any way, the monthly access fee is not refundable.
  17. Payments can only be made by Credit Card or Direct Debit.  All Direct Debit Customers will be charged a monthly transaction fee of $1.50. This fee does not apply to Credit Card payments. A receipt will be emailed to all Customers each month for their payments to City Cable.
  18. I acknowledge that I have understood the above conditions, and that it is my responsibility to check City Cable's website from time to time for any updates or changes to its Terms & Conditions.
  19. I am willing to accept full liability for the payment of all fees and charges billed to my account using this internet Service, and I accept sole responsibility for all usage of my account, irrespective of whether such usage is deliberate or negligent, and agree to be held responsible for the supervision any minors using my internet Service & take full responsibility for any subsequent charges that may arise from any misuse.
  20. I am 18 years of age or older, and I acknowledge that I have fully read and understand City Cable’s Terms & Conditions.
  21. Please note: City Cable's business hours are 9am to 5pm, Monday to Friday.

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    Copyright © 2008 City Cable Pty Ltd. ACN 118 963 410 All Rights Reserved.