Rascal Internet Terms & Conditions

General Terms & Conditions
1. Obtaining Rascal Internet services:
1.1 These ('Terms') detail your agreement ('Agreement') with Rascal Internet for the supply to you of Rascal Products and/or Services. 
1.2 You can apply for access to the Rascal Internet service by completing the relevant documentation as directed by Rascal Internet, either by telephone from Rascal Internet, or in person from Rascal Internet or a designated Reseller of the Rascal Internet service. You can also apply for access to the service through the Rascal Internet web site.
1.3 If your application to Rascal Internet is accepted, under this agreement Rascal Internet will provide you the required Product and/or Service, although Rascal Internet does not promise that the provided Product and/or Service will be uninterrupted or error free.
1.4 Your use of the Product and/or Service constitutes acceptance of these terms.
1.5 You warrant that you are over 18 years of age.
2. Fees and Payment:
2.1 Rascal Internet Pty Ltd uses the services of Internet Bill Processing Australia (IBPA) to collect monies on it’s behalf. Any statements and communications regarding the billing of your account may show the name Internet Bill Processing Australia as an authorized agent to bill for Rascal Internet Pty Ltd.
2.2 You agree to pay our account in full when due. We may charge you interest on any overdue account at the rate of 2% per month (24% per annum) calculated on a daily basis. If we refer your overdue account for debt collection then you agree to pay any fees, charges, disbursements and commissions as if your account was a debt for collection which you had given us to collect.
2.3 You must pay:
a. All charges for the Service as notified to you by IBPA; and
b. Any applicable taxes on the charges (including, but not limited to, a Goods and Services Tax) even if a third party incurs the charges using your account.
c. For the entire term of the agreement regardless of whether the account is being used or not.
2.4 All charges will be determined, and must be paid, according to the conditions detailed for your specific account type, as set out in your account documentation and on the Rascal Internet web site, or as otherwise notified by Rascal Internet. Any such conditions for specific account types form part of this agreement.
2.5 IBPA will notify you of any charges you have incurred (either in terms of money or pre-paid casual hours used) by e-mail, or any other means, at our discretion.
2.6 You agree that Rascal Internet's records constitute conclusive evidence of your use of the service, and that we are entitled to rely on those records when determining what charges you may be liable for, or any other relevant issue.
2.7 Rascal Internet may vary any terms of this Agreement including any fees, rates and charges: 
a. Without notice to you if the variation arises due to a change in taxation law or other governmental action; or 
b. By providing commercially reasonable notice to you of any other variation. Your continued use of the Service after such notice will constitute acceptance of the variation. 
2.8 From time to time Rascal Internet may undertake promotions and make special offers in relation to the Service ('Promotions'). All Promotions are offered subject to their terms and may be withdrawn or altered at Rascal Internet's discretion. The terms of a Promotion will override these Terms to the extent of any inconsistency.
2.9 You agree that if you have paid for the Service in advance and you stop using the Service for any reason, you are not entitled to any refund except to the extent that Rascal Internet is required by law to give a refund. This does not limit Rascal Internet's right to give a refund for any reason at its sole discretion.
2.10 Set-up fees and hardware purchases may be paid by cash, credit card, bank debit, bank cheque or money order.
2.11 The fixed monthly Payment relevant to your account style must be paid monthly in advance. The fixed monthly payment is due regardless of whether the Service is being used or not.
2.12 Any monthly excess data will be direct debited from your bank or credit card account monthly in arrears at the rate specified for your chosen plan.
2.13 You agree to maintain any credit card or bank account details used for the payment of your account. You must notify Rascal Internet of new details 14 days before the expiry date of your credit card or bank account closure. You are responsible for any bank fees and charges incurred by failure to provide correct and current details.
2.14 You must ensure that there are sufficient funds available in your credit card or bank account to cover each payment as it becomes due. Any fees that your bank may charge you due to insufficient funds are your responsibility.
2.15 All invoices and receipts will be sent by email at no charge. You may also request that a paper invoice and/or receipts be posted to you. The charge for this service is $3 per month per account.
2.16 Rascal Internet will disable your account if payment can not be processed for any reason including insufficient funds or incorrect or changed card details. NO NOTICE WILL BE GIVEN and your account will continue to attract ongoing charges while disabled.
2.17 Deactivated accounts will be reactivated as soon as possible, once outstanding monies have been paid. There will be a charge of $15 payable at the time of account reactivation.
2.18 Accounts not paid by the Due Date will attract a $15 late payment fee.
3. Provision of the Service:
3.1 Rascal Internet agrees to provide to you Internet access, and related services, such as web site hosting services and e-mail, as per the conditions of your specific account type and these Terms (the 'Service').
3.2 Rascal Internet makes no representations about the reliability of the Service or its suitability for a particular purpose. 
3.3 Rascal Internet may change, adjust or otherwise alter aspects of the service including but not limited to download allowances, at its sole discretion. Where possible Rascal Internet will give commercially reasonable notice via e-mail, our web site, or any other means, of any such changes to the service, but is not required to give said notice.
3.4 Rascal Internet manages its resources to maintain availability of services to all users and in doing so may;
a. Delete any spam, viruses or excessively large emails; or
b. Disconnect you when lines become congested (unless this is disallowed by your specific account conditions). 
3.5 Rascal Internet reserves the right to add features to the Service and make them available to you for an additional fee. Access to the additional features will be contingent upon you agreeing, either in writing or verbally, to pay any additional fee. You will not be charged for access to any additional features unless you have so agreed. Such additional features will be subject to their own conditions as notified by Rascal Internet and may be withdrawn or altered at Rascal Internet's discretion. The terms under which any additional feature is offered will override these Terms to the extent of any inconsistency.
3.6 Time charged access accounts incur a 2 minute flagfall per connection. 
3.7 Rascal Internet reserves the right to restrict or terminate accounts that put an unreasonable load on the network. 
4. Use of the Service:
4.1 You agree that you will use the Service in a responsible manner. In particular, and without limiting this clause, you agree that when using the Service, or providing information to us in relation to the Service, you will not, nor will you allow others to;
a. Distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice; or 
b. Distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights); or
c. Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or pedophilia; or
d. Commit a crime or facilitate the committing of a crime; or
e. Engage in any activity which is in breach of, or fails to comply with, any applicable rule, regulation, standard or code of practice; or
f. Perform or facilitate the mass distribution of unsolicited advertising material or any other material (commonly referred to as ‘spam’);or
g. Use the Service, or invite or direct persons to use the Service, to access any content which it is illegal to publish; or
h. Fail to clearly identify any material which is advertising or adult only material so that third persons can make an informed decision whether to access that material or not; or
i. Fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you relating to the Service, and you must change your account, identifier or password immediately on request to do so from us; or
j. Cause or help to cause the security or integrity of the Service or any other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.
4.2 You agree that where contrary to this agreement you have performed or facilitated the mass distribution of unsolicited advertising material or any other material, IBPA will charge you at a rate of $2 per individual email recipient. You agree that Rascal Internet will make sole determination as to whether the offending mail is deemed to be ‘spam’ or not.
4.3 You agree that you will comply with any rules imposed by any third party whose content or services you are accessing or using, or any policy adopted by Rascal Internet and that you will not use the Service in a manner which is likely to expose Rascal Internet to any liability.
4.4 You acknowledge that from time to time the Australian Broadcasting Authority (ABA) may direct Rascal Internet to remove from its servers any prohibited Internet content. Rascal Internet may also be directed to prevent users of our network accessing any such content. Rascal Internet may and will take any steps necessary to ensure compliance with any ABA directive or industry code of practice.
4.5 You will not resell the service or in any way assign your rights to use the service to any third party.
4.6 You are responsible for any and all telecommunications charges associated with your use of the service. It is your responsibility to confirm with your telephone carrier their cost to connect to the service telephone number provided by Rascal Internet. Rascal Internet does not guarantee that it will be a local call cost from all areas.
5. Disclaimers and Liability:
5.1 To the extent allowed by law, Rascal Internet is not liable to you or any third party claiming through you, for any loss, damage or costs sustained by you or any third party in relation to your use of the Service, including but not limited to;
a. Any delay or failure by us to transmit any data; and
b. Any difficulty or failure by you in receiving data; and
c. Any erasure or corruption of any data; and
d. Any consequential loss including loss of profits or business; and
e. Any other event or factor occasioning loss or damage to you or a third party.
5.2 Should Rascal Internet be found under any applicable law to be liable to you in any way, such liability will, to the extent allowed by law, be limited to the cost of providing the Service again, or the amount of any pre paid access to the Service not used.
5.3 Rascal Internet does not make any representations or warranties regarding the suitability, reliability or your right to use or distribute, any software provided to you by Rascal Internet. This includes but is not limited to:
a. "Set up" software and associated applications; and
b. Any application or driver/firmware upgrades.
5.4 Rascal Internet provides Technical and Customer support. You acknowledge that support is offered free of charge and that Rascal Internet makes no representation or warranty as to the accuracy of the Support offered. Further, you indemnify Rascal Internet against any loss or damage incurred by you as a result of your use of the Support offered.
5.5 You indemnify Rascal Internet and IBPA against any costs, expenses, loss or liability we may incur resulting, directly or indirectly, from: 
a. Any breach of these Terms by you; or
b. Any use or misuse of the Service by you or any third party using your account.
c. Recovering monies owed by you.
6. Suspension and Termination:
6.1 Rascal Internet reserves the right to terminate or suspend your account, at our sole discretion, in the event of any breach of these Terms by you or anyone using your account. Such termination or suspension may be without notice to you.
6.2 Rascal Internet may suspend your account for technical reasons and will attempt to provide notice to you if this is necessary. It may not be possible to provide notice to you of a suspension of your account due to technical reasons.
6.3 Rascal Internet may suspend or terminate your account for any reason on 24 hours notice to you.
6.4 You can only terminate accounts if they are out of the contract period, and/or you pay the agreed termination fee. You must notify Rascal Internet a minimum of 1 calendar month prior to the next billing date if you wish to terminate your account. 
6.5 If your account is terminated for whatever reason you must pay any and all outstanding fees and charges immediately.
7. Privacy:
7.1 Rascal Internet may make any disclosure of your personal information that Rascal Internet is required to make by law.
7.2 Clause 7.1 not withstanding, Rascal Internet will not resell or distribute in any way information from our records, which is personally identifying of you, including your e-mail address.
7.3 You are entitled to see and correct any account information Rascal Internet holds about you.
7.4 Rascal Internet may contact you from time to time using electronic and other means, to notify you of;
a. Critical information relating to your use of services with Rascal Internet.
b. Specials or promotions that may be relevant to you.
c. Changes to the services offered by Rascal Internet.
8. Support:
8.1 Purchase of a Rascal Internet account includes free telephone and e-mail support of that account.
8.2 The free support offered covers one computer with a Rascal Internet connection. 
8.3 In order for Rascal Internet to provide telephone support you must:
a. Be in front of the computer which is connecting to the Internet when calling.
b. Have a computer with functioning software and hardware.
8.4 Rascal Internet support personnel are not able to make outgoing support calls to mobile telephones or long distance charged lines.
8.5 Rascal Internet support personnel are not able to advise you on networking issues.
8.6 Advice provided by support staff is of a general nature only and further assistance from a suitably qualified person may be required at your expense. 
8.7 We do not warrant that our support advice will resolve all problems encountered by a Product or Service.
9. General:
9.1 Rascal Internet may amend or change these Terms by giving you reasonable notice, by e-mail, through our Web Site, or by other means. Your continued use of the Service after the implementation of any amended Terms shall constitute acceptance of the new Terms.
9.2 If a provision of these Terms is found to be void, voidable or unenforceable, it may be severed from the Terms without affecting the operation or the remainder of the Terms.
9.3 The laws of South Australia govern these Terms, and each party submits to the jurisdiction of the courts of that state.
Broadband ADSL Terms & Conditions
1. General Terms & Conditions:
1.1 The Broadband Terms & Conditions are supplemental to the General Terms & Conditions.
1.2 To use a Broadband Service you must agree to abide by both the Broadband Terms & Conditions and the General Terms & Conditions.
2. Provisioning & Supply:
2.1 Broadband (the ‘Service’) is not available in all areas.
2.2 Your new Broadband Service uses your existing phone line. Interruptions to that service may occur during provisioning.
2.3 ADSL is only available as an overlay on an existing, operational, telephone service using the Telstra copper local loop. ADSL services will be terminated if the telephone service on the same physical line is terminated for any reason. 
2.4 Your Broadband modem is to be installed by you. Qualified installers are available at an additional charge.
2.5 If you have a monitored alarm system on the telephone line to be provisioned you will require a central splitter. It must be installed by a qualified installer.
2.6 Various bandwidth rates are available. The Upstream rate refers to traffic from your connection towards the Internet. The Downstream rate refers to the flow from the Internet towards your connection. The actual bandwidth rates you experience may be less than the nominated rates since these rates are affected by many factors including: contention ratios, packet overhead, distance from exchange, line infrastructure quality and your equipment capability.
2.7 Services with no fixed Data cap are a shared data service with a contention ratio of up to 30:1 These services are NOT designed to provide sustained, high-volume access as it will compromise the service for other users. To help us meet our service commitment to you and other customers, we ask you to use these services fairly. Speed caps are employed to achieve this requirement.
3. Approved Equipment:
3.1 You must only connect approved equipment to your Broadband Service. A list of approved equipment is available from Rascal Internet.
4. Applicant:
4.1 The Broadband applicant must be the legal lessee of the normal telephone service.
5. Activation Date:
5.1 Your phone line will usually be Broadband activated within 4 to 21 days of Rascal Internet receiving your signed application. Your Service will be usable on the activation day. The service will be billed from that date regardless of when you begin using the Service.
6. Support:
6.1 Your Broadband Service includes free phone support from Rascal Internet.
6.2 If asked, Telstra will also provide support. TELSTRA WILL CHARGE FOR ANY SUPPORT GIVEN TO YOU. Telstra’s procedure for billing for support given to you is via Rascal Internet. Rascal Internet will in turn bill you at a rate of $100 per instance.
7. Service Changes:
7.1 You may terminate a Broadband Service that is in Contract by paying 50% of the remaining contracted amount plus, where applicable, the disconnection fee. Disconnection fees only apply to Services with an ‘E’ code.
7.2 Bundled services cannot be unbundled. (eg. Where a plan includes both Internet Access and a commitment to use Rascal Internet for your telephone service) You may, however, change to another plan. See 7.3
7.3 Changing plans incurs a charge of $60. This includes but is not limited to changing the transmission rate. (eg. Changing speeds from 512K to 1500K) or moving from a bundled service to an unbundled service (eg. Changing to an Internet only plan and switching your telephone service away from Rascal Internet).
7.4 A disconnection fee of $99 applies to Broadband Services with an ‘E’ code. This fee is payable if the service is disconnected at anytime for any reason.
7.5 Changing Plans while in Contract renews the Contract for the same Term as the original Contract.
7.6 Changing Plans while out of Contract renews the Contract for a 6 Month Term.
7.7 Some plans may be restricted to new customers only or other promotional constraints.
7.8 Unlike traditional dial-up accounts you can only use this Service on the phone line that you have had Broadband enabled. If you wish to relocate the Service you will need to reapply and pay a fee of $199 which includes the reactivation of the service at your new location.
7.9 You are able to “churn” to or from any IBPA churn participant ISP. 
8. General:
8.1 Rascal Internet may amend or change these Terms by giving you reasonable notice, by e-mail, through our Web Site, or by other means. Your continued use of the Service after the implementation of any amended Terms shall constitute acceptance of the new Terms.
8.2 If a provision of these Terms is found to be void, voidable or unenforceable, it may be severed from the Terms without affecting the operation or the remainder of the Terms.
8.3 The laws of South Australia govern these Terms, and each party submits to the jurisdiction of the courts of that state.



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Rascal Terms and Conditions V020805.doc 
 14/12/2005 8:15 AM