This is Spiderweb's Standard Terms And Conditions for the Supply of Goods and/or Services.
It applies to you if you are a Spiderweb subscriber or user ("you"). It is
intended to ensure that you know your rights and obligations when using Spiderweb's
services. Please read it carefully. It is a condition of your use of our service that you
comply with the terms of these terms and conditions. Please look out for any amendments to
the Terms and Conditions that Spiderweb ("we") might make in the future. From
time to time we will make amendments to them by giving you notice of the change and you
will then be obliged to comply with the policy as amended.
1. Definitions
The 'Agreement' means Terms and Conditions and the details on the Application for
Spiderweb Internet Account.
The 'Customer' refers to all other persons, companies, or other entities identified on the
Application for Spiderweb Internet Account.
By Law, persons under the age of 18 years may not hold a Spiderweb account without the
written permission of a parent or guardian.
The 'Service' means the computing and communication service known as the Spiderweb
Internet Service, as modified from time to time.
2. Application and Variation of these Terms
These terms and conditions are the terms on which Spiderweb provides services or goods to
its customers, modified by any written contract between Spiderweb and its customers in any
particular case. The terms so modified constitute the agreement in its entirety and
supersede prior agreements. Spiderweb may modify these terms as applying to any agreement,
the pricing structure for any Service or the terms of the operation by general notice on a
page of the Internet referred to on the Spiderweb Home Page, and any use after that
publication will constitute an acceptance of that modification.
3. Charges
The customer must pay for all goods and services as agreed from time to time. In
particular the Customer must pay all Service time charges, minimum charges and other
amounts incurred by the Customer or its designated Users or incurred as a result of any
use of the Customer's password (whether authorised or not) in accordance with the billing
option selected. These charges include but are not limited to charges for any purchase
made through any Service and any surcharges incurred while using any supplementary
networks or Services other than the Service. Time charges are charged to the next minute
in minute increments. For the purpose of billing, a megabyte is defined as 1,000,000
bytes.
4. Customer Costs
In addition the Customer must provide and pay for:-
the installation and use of telephone lines and all other equipment needed to access the
Service at their own cost; (it is the responsibility of the Customer to ensure that the
call is billed by their Telephone Service Provider at the local rate); all government
taxes, duties and levies (if any) imposed on the customer or Spiderweb in respect of any
Services or goods supplied.
5. Payment of Accounts
The Customer must pay all amounts billed in accordance with the billing option that they
are on. No credit terms are given to Direct Debit or Credit Card accounts. Upon
registration of a Credit Card account, the Customer gives Spiderweb authorisation to debit
their credit card for all charges. Billing period is per calendar month. A pro-rata
payment is made in the first month so that subsequence payments are due on the first of
each month. Billing invoices will be sent by email to the Customer's Spiderweb Email
address.
6. Security Deposit
Spiderweb may require the payment of a security deposit before providing the service, or
as a condition of continuing any Service, and may use the security deposit to meet any
costs, loss or liability incurred by the Customer. When the Customer has fully performed
his or her obligations, Spiderweb shall return the outstanding balance of the security
deposit, without interest, to the Customer.
7. Credit Checks - Privacy Consent
The Customer consents to Spiderweb obtaining a credit reporting agency containing personal
information (as well as information concerning commercial creditworthiness and activities)
for the purpose of assessment by Spiderweb of an application for credit (whether
commercial or personal) or for the purpose of the collection of payments which are
overdue.
8. Publication at Customer's Risk
The Customer accepts responsibility for all information and material issued by the
Customer over any Service, and indemnifies Spiderweb against any liability in relation
thereto. In particular the Customer undertakes that it shall not publish or issue any
information which is illegal. The Customer also acknowledges that Spiderweb does not vet
or approve any information or material available through any service and that Spiderweb
does not accept any liability. To the full extent permitted by law the Customer accesses
and uses such information and material at his or her own risk.
9. Acceptable Use
The Customer agrees to abide by Spiderweb's Acceptable Use policy as outlined on a
separate document. Please click below to view the Spiderweb's Acceptable Use Policy.
10. Provision of Service
The Service provided to the Customer is not fault free and relies on factors outside the
control of Spiderweb. The Service is provided to the customer at such times and by means
as Spiderweb decides from time to time.
11. Exclusion of Liability
Except as provided in clause 12. Spiderweb is not liable to the Customer or any other
person for:-
any cost, loss or liability (including loss of profit or other consequential damage)
arising from Spiderweb's supply or failure or delay in supplying any goods or Services;
the content, context or confidentiality of any communications made using any Service.
Spiderweb is not able to provide support for software not supplied by Spiderweb, this
includes software downloaded from the Internet.
12. Limitation of Liability
Except as provided below all terms, warranties, undertakings, inducements and
representations relating to the provision of any Service or goods are excluded and
Spiderweb will not be liable for any loss or damage (including consequential loss or
damage) however caused (whether by negligence or otherwise) in respect of any Service or
goods. However, Spiderweb's liability for any breach of such implied term or warranty will
be limited at Spiderweb's option in any way permitted by the legislation including where
so permitted:-
If the breach relates to goods
the replacement of the goods; or
the repair of such goods; or
the payment of the costs of replacing the goods; or
the payment of the costs of repairing the goods;
If the breach relates to Services
the supplying of those Services again;
or the payment of the costs of having those Services supplied again.
13. Breaches
The Customer shall indemnify Spiderweb against any loss (including any loss of profit)
incurred by Spiderweb as a result of any breach of the terms of any agreement with
Spiderweb including damages in respect of any period between the date of actual
termination (including termination under clause 14.) and the date on which the Customer
was entitled to terminate such agreement in accordance with its terms.
14. Termination
Spiderweb may immediately terminate any agreement or the provision of any Service if:-
the Customer breaches any term of any agreement (including terms relating to payment or
use);
Spiderweb forms the opinion in good faith that the Customer is or may be insolvent. All
deposits paid to Spiderweb will be non-refundable if at any time the order is cancelled by
the customer. All outstanding charges become immediately payable on giving of such notice
and in no circumstances shall the Customer be entitled to any refund of payments made
under this Agreement.
15. Suspension of Service
Spiderweb may from time to time without notice suspend any Service or disconnect or deny
the Customer access to any Service:-
during any technical failure, modification or maintenance involved in the Service provided
that Spiderweb will use reasonable endeavours to procure the resumption of the Services as
reasonably practicable; or
if the Customer fails to comply with any agreement (including failure to pay charges due)
until the breach (if capable of remedy) is remedied, or does, or allows to be done,
anything which in Spiderweb's opinion may have the affect of jeopardising the operation of
any Service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain
liable for all charges due throughout the period of suspension.
16. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute,
retransmit, publish or otherwise transfer or commercially exploit any information which
they receive through the Service in any way which is competitive to the Service.
17. Assignment
The Customer cannot assign its rights under any agreement with Spiderweb without the prior
written consent of Spiderweb (which may not be unreasonably refused).
18. Governing Law
This Agreement is governed by the laws of Australia and the parties submit to the
jurisdiction of the Australian Courts.
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