GCom Internet - Terms of Service

GCom, GCom Internet, GCom Gigabyte me! ADSL, GCom I like it both ways! DSL, GComSat and GCom Cable Free are products of Graaf Computer Systems Pty. Ltd. ABN 67 006 490 580.

Within this document reference to any of the above terms will be accepted as reference to Graaf Computer Systems Pty. Ltd. This document represents a contract between GCom and the Client, being an entity subscribing to GCom for the provision of Internet Services. GCom and the Client accept, without limitation or qualification, these terms and conditions:

1. Any support, maintenance and/or consulting by GCom to the Client shall be regarded as separate to this Agreement. The Client is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Client's equipment.
2. Equipment provided by GCom to the Client is covered by a 1 year return to base warranty. If the equipment is deemed to be faulty and the identical model is no longer available, GCom will endeavour to replace it with an equivalent model.
3. If the Client fails to comply with any of the conditions set out in this Agreement, GCom may terminate this Agreement immediately by giving written notice. On termination, the Client's right to use the Internet Service ceases immediately and GCom will not be liable for any loss or damage suffered by the Client.
4. The Client agrees and understands that in some cases it may not be possible to provide the Internet Service and in such an event both parties will be released from their obligations under this Agreement and GCom will have no liability to the Client. The Client accepts that some services offered by the Third Party Carrier's Network infrastructure are incompatible with other services and may not be available to the Client after connection to the GCom Network or an ADSL/DSL Network.
5. The Client acknowledges that GCom cannot be held responsible for any loss incurred by the Client because of faults and/or failures within the Third Party Carrier's Network infrastructure.
6. The Client uses the Internet Service at the Client's own risk and GCom takes no responsibility for any data downloaded and/or the content stored on the Client's computer. The Client agrees not to make any claim against GCom, its suppliers, employees, contractors or assigns for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the Internet Service.
7. GCom will use its best endeavours to make the Internet Service available to the Client 24 hours a day, 7 days a week. The Client acknowledges that GCom cannot guarantee uninterrupted service, the speed, performance or quality of the Internet Service. The Client further acknowledges that the Internet Service is not fault free and there may be interruptions and/or access problems from time to time as GCom depends on the performance of Third Parties over which GCom has no control.
8. The Client hereby indemnifies GCom, its suppliers, employees, contractors and assigns against all liability, costs, loss or damage, suffered or incurred arising from this Agreement or the use of the Internet Service.
9. The Client agrees that from time to time GCom will send electronic and/or physical mailouts to the Client.
10. The Client agrees not to assign, transfer, or re-sell any of the services provisioned by GCom under this Agreement or any rights given by the use of this service.
11. The Client agrees that this Internet Service cannot be resold and it is not available to, but not limited to, ISPs, Internet Cafes and Web Hosting Companies.
12. GCom 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).
13. The Client agrees to direct all queries regarding faults and outages of the Internet Service to GCom's support service by telephone or email. The Client is liable for any enquiries to Third Party service providers or Telstra. GCom will invoice the Client for any cost incurred by the Client calling Telstra or any Third Party Service for any help or queries related to the Internet Service.
14. If the Client acquires the GCom Service by signing an Agreement provided to the Client by a GCom Dealer, the Client acknowledges that the Dealer is acting as GCom's agent only for the purposes of receiving this Agreement from the Client and providing it to GCom. The Dealer is not GCom's agent for any other purposes or in any other capacity and the Service is not provided by the Dealer. The Client acknowledges that the GCom Dealer is not the Client's agent.
15. The Client's equipment must conform to the minimum requirements for the provisioning of the related GCom Internet Services.
16. The Client agrees that information concerning the Client will be held by GCom and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between GCom and the Client.
17. This Agreement shall operate and be binding upon the parties from the date of its execution.
18. The Client agrees that GCom may increase its charges by any new or increased Government taxes, charges, fees, duties or other imposts.
19. The Client agrees to pay charges for the Internet Service in accordance with GCom's related internet pricing structure. The Client understands that these charges might be altered from time to time by GCom without prior notice. However, GCom will not increase the access charge payable by the Client during any Initial Contract Period which may exist for the particular service.
20. The Client acknowledges that there may be a disruption to the nominated standard telephone service during ADSL/DSL installation.
21. Where the installation of equipment involves a telephone line, the Client warrants that the Client is the legal renter of the telephone line.
22. The Client agrees to nominate an existing standard telephone service for delivery of ADSL/DSL Services and the Client will continue to be responsible for all costs of the nominated service to the Client's existing carrier or to the carrier of the Client's choice.
23. The Client must not create any conflict with the normal operation of the Internet Service or any related facility of service.
24. The Client is not to allow a third party to use the Internet Service without direct supervision and/or written authorisation by GCom. The Client is responsible for all use of the Internet Service including use that is not authorised by the Client.
25. The Client is responsible for all usage charges in respect of the use of the Internet Service whether or not such usage was authorised. It is the Client's responsibility to maintain the security of the means of access to the Internet Service and to ensure unauthorised use does not occur.
26. GCom does not provide usage records for the Unlimited Broadband packages.
27. In respect of ADSL/DSL services, GCom will commence the Initial Contract Period and the billing cycle for data traffic on activation of the ADSL/DSL line.
28. The Client agrees to pay all set-up, access and usage charges (where applicable), and any other charges related to the Service chosen.
29. All notices shall be in writing and shall be hand delivered, or sent by post, or facsimile, or email to the parties hereto at their respective addresses.
30. ADSL/DSL changes, additions and/or cancellations incur additional charges, as per the GCom internet pricing structure.
31. The Client may terminate the Service by giving GCom 30 days notice and must pay for the Service up until the end of the notice period. If the Client has agreed to take the Service for an Initial Contract Period and seeks to terminate early (including because of moving premises) a cancellation fee will apply. Upon receipt of a termination notice from the Client, GCom will be authorised to debit these payments to the Client's credit card or bank account, or to withhold any deposit, security or advanced payment which may be in GCom's possession.
32. Migrating to another GCom access plan does not reduce the Initial Contract Period or terminate the Agreement or result in a reduction of the charges payable by the Client to GCom. The Client 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.
33. The Client agrees that if GCom is asked to investigate a breakdown in the Service and upon investigation it is found that the fault is not due to GCom equipment then the Client agrees to pay GCom its standard hourly rate for time and travel.
34. GCom reserves the right to change these Terms and Conditions without notice to the Client.
35. GCom reserves the right to terminate the service immediately and recover all monies owing, including the cost of recovery, when payments are overdue.
36. GCom 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. The Client is 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.
37. GCom has the right to recover revenue from the Client 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).
38. GCom reserves the right to suspend or terminate, with or without notice, any Client's account, which in GCom's opinion, directly or indirectly is involved in activities, which are detrimental to GCom's Internet Service or jeopardise the use of GCom's Service or its performance for other Clients or how the wider community will perceive GCom. This includes, but is not limited to 'Spamming' email or forwarding spammed email to other Internet user's email addresses, Clients listed or causing the listing of GCom or its Clients on any Real-time Black List, email bombing and the use of bulk email 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.
39. GCom takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over its network. Very simply, this means that the Client may not use or permit others to use GCom's network or domain names to transact in UCE. Upon notification of an alleged violation of our spam policy, GCom will initiate an immediate investigation. During the investigation, GCom may restrict the Client's access to the network to prevent further violations. If the Client is found to be in violation of the spam policy, GCom may, at its sole discretion, restrict, suspend or terminate the Client's account. Further, GCom reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GCom will notify law enforcement officials if the violation is believed to be a criminal offence. Clients who violate this policy agree that they will pay research fees not to exceed AU$88 per hour for each hour or part thereof which GCom personnel must spend in investigating the matter. Severe violations of this policy will result in the immediate termination of the Client's account and may incur an administrative fee of up to AU$1500. GCom considers UCE or spam to be any email message for which a spam complaint is raised by a message recipient, and where the Client can not produce proof of double opting in on the part of that recipient.
40. The Client must not use the GCom Service in a way or post to or transmit to or via the GCom Service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Client from using or enjoying the GCom Service. The Client must not use the GCom Service to send unsolicited electronic mail messages to anyone. The Client must not attempt any of these acts or permit another person to perform any of these acts.
41. GCom reserves the right to suspend without notice any Client's 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.
42. GCom 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.
43. GCom 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.
44. The Client understands that GCom's Terms and Conditions can be amended from time to time and the Client should visit the GCom Internet web site regularly to be aware of any changes.
45. GCom makes no warranties or representations as to the accuracy of information in or linked to the GCom web site and assumes no liability or responsibility for any errors or omissions in content.
46. This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Client and GCom relating to Internet Connection Services.
47. This Agreement shall be deemed to have been made in Victoria, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of Victoria. Each of the parties submits to the jurisdiction of the Courts of Victoria.
48. ADSL/DSL packages with a 56K dial-up back up will incur additional call connection charges and the Client will continue to be responsible for all charges from the Client's telephone network provider.
49. The Client confirms that they are at least 18 years old and that they have the legal capacity to enter into this agreement.
50. GCom will not be liable for any loss of function or data or performance due to virus scanning, undesirable material filtration, junk mail filtering and/or email storage. GCom endeavours to provide a high quality of these services.
51. GCom will not be liable for any change to the filtration mechanisms at any time, with or without notice.
52. The Client acknowledges and agrees that GCom cannot isolate every virus or denial of service attack present on the Network and releases GCom from any liability or damage suffered by the Client as a result of this.
53. The Client agrees that the GCom ADSL/DSL Connection can only be used at one physical site and/or with one Network system operating at this site. GCom does not offer the right to use the connection for multiple sites.
54. GCom reserves the right to add or delete any web sites to our filter list without any prior notice to the Client.
55. GCom mailboxes must be emptied at least once per session.
56. At the expiration of prepaid time credits, dial-up accounts will be disabled.
57. Trademarks displayed on the GCom web site remain the property of the party that owns that trademark and may not be used without their permission.