[ Home Legal Terms & Conditions  -     ] Terms & Conditions List of Terms & Conditions for DragNet services. Terms & Conditions General In these terms and conditions, DragNet means DragNet Internet Services Pty Ltd (ABN 26 073 567 781) The service means interactive dial up access to the Internet including computer resources, disk storage and computer communication facilities. The Client refers to the person or company whose name appears on the application form. These terms and conditions apply to all clients with an Internet account regardless whether or not they agree or sign this application Terms and Conditions can change without notice Prices can change without notice All clients are responsible for their phone charges. The DragNet dial-in number of 0198 308 048 is guaranteed to be a local call. The client is responsible for the security of their password The client agrees not to publish on the Dragnet web service any material which is considered offensive or illegal, or which is likely to generate huge amounts of traffic. The client agrees to respect the established convention of the Internet. Clients will abide by the Acceptable Use Policy for use of any DragNet products and services. Cancellations must be requested at least three working days prior to your anniversary date, and must be in written format. Cancellations can be sent via mail, fax, or by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Cancellations cannot be done over the phone. You must provide your username and password in order to cancel your account. Dragnet will not cancel an account unless the correct username and password have been provided. A fee of $11.00 will be charged for all credit card and direct debit transactions that are declined by the bank Change of monthly plans must be made at least 3 days prior to your anniversary date. This date is the date of the month you commenced your plan and is also the billing date Monthly plans, unless otherwise specified, can be paid for by credit card, direct payments or with a seven day account. All payment options other than credit card or direct debit will be charged an account keeping fee of $5.50 per month including GST. If the account is held in credit ie. at the end of the month the total amount held in credit is greater than or equal to the TOTAL amount due (including any excess fees), the account keeping fee will be waived. DragNet will not be liable for any Consequential Loss arising from a failure to achieve the relevant Service Levels Dial Up Plans EZI-Plan accounts are to be paid by credit card or direct payment only. Block plans must be paid for in advance. If paying by credit card or direct payment the details are kept on file. Future purchases will be made from the payment details kept on file unless specified otherwise. Existing clients renewing block plans may take out an account. This must be paid within seven days. If receipt of payment is not received the account may be terminated. Unless otherwise specified e.g.. Ezi-Plans, maximum session time is 4 hours - this is for accounting and safety purposes. The connection may be terminated at the end of a 24 hour session. Automatic connection may be made immediately. Running servers or providing public information service from a computer connected via the Ezi-Plan is prohibited. The Ezi-Plans are budget plans. Modems may be allocated to premium plans if necessary depending on load factors. The Ezi-Plans may be withdrawn at any time. Clients will be given one months notice of any change in plans. Change of monthly plans must be made at least 3 days prior to your anniversary date. This date is the date of the month you commenced your plan and is also the billing date If the client uses a Block plans and you elect to make your plan a preferred plan your plan will automatically renew when the plan expires. The payment of the plan will be automatically taken from your preferred payment system. If no credit card or direct payment is not on file an invoice will be raised and payment will be due within 7 days. Dragnet reserves the right to withhold some plans in some regions. Cancellations must be requested at least three working days prior to your anniversary date, and must be in written format. Cancellations can be sent via mail, fax, or by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Cancellations cannot be done over the phone. You must provide your username and password in order to cancel your account. Dragnet will not cancel an account unless the correct username and password have been provided. The Ezi-Plan is not designed for continuous connections. There is an idle disconnection of 20 minutes, 4 hour hard disconnect and when disconnected after 2 hours there will be a mandatory wait of 10 minutes before reconnection allowed. The Ezi-Plan Offpeak hours - 7PM to 7AM Monday to Thursday, 7PM Friday to 7AM Monday ISDN Plans The Provider shall begin to provide the service to the Subscriber as soon as it is practicable on or after a date to be set by the mutual agreement of the Parties ("the commencement date"). The Subscriber shall not use the Service in any manner involving illegal activity. This includes but is not limited to illegal transactions or illegal entry to unauthorised sites anywhere on the Intranet. The Subscriber shall not use the Service, specifically email and other on-line communications, to harass, menace, upset, annoy or inconvenience any person. Furthermore, the Subscriber shall not transmit any message using the Service which is offensive, indecent or obscene. The Subscriber shall not in anyway resell or redistribute any part of the service to another party, which includes but is not limited to, internet access and/or web hosting. The Subscriber shall not use the Service to transmit unsolicited mail commonly called spam. The Subscriber sgrees to comply with the Providers Acceptable Use Policy (as amended from time to time) and to comply with any reasonable requests made by the Provider in relation to the Subscriber's use of the service. The Providers Acceptable Policy can be found on the Provider's website. The Subscriber shall be solely responsible for use of their account whether this use is deliberate and/or negligent. The Subscriber is solely responsible, at their own expense, to aquire and maintain the necessary equipment, software, telecommunications services and other such items and/or services as may be required to make use of the Service. The Subscriber is also solely responsible for all costs associated with the use of any telecommunications services required to make use of the Service, including but not limited to the cost of any telephone calls to the Providers facilities. While the Provider may from time to time offer general guidence in good faith, it is the responsibility of the Subscriber to verify this information directly with the supplier of such services. The Service may be unavailable at times either due to scheduled maintenace upgrades, operational reliability or due to factors beyond the Providers control. The Provider makes no guarantee as to the availability of the service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall the provider be held responsible for any loss or inconvenience suffered by the subscriber due to the lack of availability of the service. The Subscriber agrees to pay any amounts levied pursuant to this Agreement ("Charges"), including but not limited to, Connection Fees, Access Fees, Time Charges (if applicable) and Traffic (if applicable) as they fall due. The Subscriber may make payments of the Dee by use of cash, credit card, money order, postal order, or any other payment method deemed acceptable by the provider. If the Subscriber supplies credit card details, the Subscriber authorizes the Provider to debit the credit card for all valid charges when they become due (including Excess Traffic ortime). If the Subscriber fails to make a payment to the Provider within the specified time period then the Provider may immediately and without notice withdraw access to the service. If access is terminated under this Agreement for any reason whatsoever except for reason of breach by the Provider of any of the Providers obligations herein, the remainder of the Fee in respect of the Term shall become due and payable by the Subscriber to the Provider within seven days of the date of termination . All expenses in relation to the recovery of monies outstanding by the Subscriber are to borne by the Subscriber. The Fee for establishing a Subscriber account is not refundable. The establishment fee must be paid if a terminated account is to be re-established. The Subscriber hereby agrees that the Provider is not responsible for any faults or error in the Subscribers equipment and system or telecommunication connection. No extensions of account Term, refunds or reimbursements shall be given to the Subscriber due to such faults and errors. The Provider reserves the right to vary the Fee and conditions associated with the access from time to time. The Provider shall give the Subscriber one months notice of any such variation. Unused time or data is not cumulative from month to month and is not reedemable in any way. Change of monthly plans must be made at least 3 days prior to your anniversary date. This date is the date of the month you commenced your plan and is also the billing date Cancellations must be requested at least three working days prior to your anniversary date, and must be in written format. Cancellations can be sent via mail, fax, or by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Cancellations cannot be done over the phone. You must provide your username and password in order to cancel your account. Dragnet will not cancel an account unless the correct username and password have been provided. Satellite Plans If additional users are nominated, LAN connectivity is your responsibility. DragNet will only provide support of a connection for the Service to a single PC. You authorise us to charge all amounts payable by you under this agreement to the credit card or Direct Debit account nominated by you on the application form. If we do not recieve payment from the card issuer or its agent for any reason, you agree to pay us all amounts due on demand. You acknowledge that the amounts payable under this agreement do not include and that you are responsible for and must pay for the cost of telephone calls from your telephone to the telephone number of the dial-in location of the DragNetservice for the purposes of your dial-up internet connection. These calls may may be at long distance, community call or other non local call rates if the dial-in location is not in your local call area. You must indemnify us against any loss, damage, liability, expense, cost or charge arising from or incurred in connection with: any fault in the Service due to your negligence or wilful misuse, or any unauthorised use of the Service, including without limitation, any damage to the Broadband Transmission Facilities due to your negligence or wilful misuse; and Your use of the Service contrary to the Acceptable Use Policy. This Agreement commences on the date we approve your Application Form. We will not charge you for the service and your term will not commence until we are taken to have commenced supplying you with the service under clause 2 (g) If we suspect that you have breached any of the terms and conditions of theis Agreement, including engaging in conduct contrary to the Acceptable use Policy, we can immediately terminate or suspend the service. You will be liable to pay Monthly Fees and the Additional Download Charges (if any) during the period of suspension. If you ask us to change the place at which the Service is provided (for example you have moved to a new address, we cannot garuntee that we will be able to provide the service at the new address. You will have to pay any charges for installing the Service at the new address (including, without limitation, charges for removal and re-installation of the Broadband Transmission Facilities and/or the purchase and installation of new Broadband Transmission Facilities if necessary). Application form means the attached application form completed and signed by you. In order to recieve the service you must install or arrange for installation of the Broadband Transmission Faclities. DragNet can arrange this with a pre-organised contractor. The contractor will charge you and you will pay him directly for the service of installing your Broadband Transmission Facilities. Your use of the service is your responsibility and entirely at your own risk. We do not check the content of the information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of data cause by a virus or similar program. If you experience a problem with the Service you should report it to our Customer Service Centre. You are responsible for and must pay the monthly fee and the additional download charges as set out in the Rate card for the pricing plan which you nominate from the date on which we commence supplying the service to you. You must also pay the fees for any additional service provided to you as set out in the Rate Card or as notified to you in the registration process for your addtional services. You must in relation to this service advise us in timely manner if you have reason to suspect that the service is being used contrary to these terms and conditions and acceptable use policy and comply with an acceptable use policy as publishe by DragNet from time to time. We will provide you with the service on the terms and conditions set out in this agreement. We will use reasonable skill and care in providing the service. You acknowledge and agree that we may exercise any of the rights specified in the Acceptable Use Policy. This contract has a minimum of 12 months unless you opt for a rental agreement of 24 months which means that this contract has a minimum of 24 months to run. Agreement means agreement between you and Dragnet comprised of the Application Form and terms and conditions. You may obtain a detailed statement of all Fees incurred in the last three months by visiting the "Account Management" section of the Dragnet Web Site. If you wish to seek information or review any account issued by us you may call the Customer Service Centre. You may change your nominated pricing plan as set out in the Rate Card by contacting or calling our Customer Service Centre. You acknowledge that it may take us up to 24 hours to effect the change and that the pricving plan in effect at the time of the request will apply to the end of your anniversary date. A change of plan fee is payable for any change in plan of $33.00 including GST. If you choose to install the Broadband Transmission Facilities yourself, DragNet accepts no liability for any loss or damage that you may suffer as a result of your installation including, subject to rights implied by law, as a result of any instructions provided by the Customer Service Centre. Information concerning you will be held in a database. The database will contain your name, address, telephone numbers, bank account or credit card details, billing details, information relating to the provision and use of the Service, and information provided by you in connection with this Agreement or the Service. Acceptable Use Policy means our policy as to acceptable use of the DragNet Internet Service that we made available to you prior to commencement of this agreement, the current version of which is located on the Dragent Website. Additional Download Charges means the charges payable for data downloaded by you as set out in the Rate Card. Application Form means agreement between you and DragNet comprised of the Application Form and terms and conditions. Broadband Transmission Facilities means the equipment and facilities delivered to your home to be used to access or use the Service, including satellite dish, PC satellite adaptor card, LNB, and wall mountings. Customer Service Centre means the telephone customer help desk phone number 1800 069 050. Monthly fee means the fixed monthly fee for the Service as set out in the Rate Card. Rate Card means the current DragNet Internet Services price list. Domain Web hosting To cancel hosting for a domain, the customer must obtain a cancellation form either from the DragNet homepage, or by contacting DragNet support. This form needs to be completed correctly and returned to DragNet before the customers next billing cycle. Cancellation will only take effect once this form has been received. Customers are responsible for renewing their own domain name. DragNet will only notify customers about domain name renewal if the domain name has been registered by dragnet, or if the Domain name password has been provided by the customer and the domain transferred to DragNets management. DragNet is not liable for loss of business or damages caused by the operation or inoperation of any aspect of domain hosting. All effort is made to ensure the service operates as the customer expects and DragNet monitors all services provided to the best of its ability. DragNet Internet Services web hosting service does not include any webpage development. Customers who wish for DragNet to create webpages for them must contact DragNet sales to discuss a quote. DragNet Internet Services charges for all web development completed for a customer. DragNet offers support for domains and webhosting during office hours only. Domain customers requiring support for a domain or web hosting issue must call between 9am and 5.30pm weekdays. Weekend, public holiday, and weeknight support is for internet access issues only. Domain names will be renewed automatically and billed at standard rates to domain hosting customers unless the customer has cancelled. Exclusions & Limitations of DragNet’s Liability Customers’ Acknowledgement It is acknowledged by each customer of DragNet that DragNet cannot and does not guarantee that its Services will be continuous or fault- free. Force Majeure Where, by reason of an event of Force Majeure, DragNet is unable to perform or completely perform an obligation or provide a Service to a customer under this contract, DragNet will not be liable to the customer for failure to perform or completely perform that obligation or provide that Service and that obligation or the provision of the Service shall be suspended for the minimum extent and duration of the event of Force Majeure. DragNet shall promptly advise details of the Force Majeure to each customer adversely affected by the suspension and use all reasonable endeavours to minimise the extent and duration of the Force Majeure. A customer adversely affected by the suspension will not be charged for the Service or obligation not provided by DragNet for the duration of the Force Majeure. Exclusion of DragNet’s Liability for Consequential Losses DragNet has no liability to a customer for or in respect of any consequential, special or indirect liability, loss, damage or expense (including, but without limiting the foregoing, any loss of profits or data) (Loss) arising from or caused by or in relation to any act or omission on the part of DragNet, its servants or agents in providing or attempting to provide a Service to a customer. This exclusion shall not apply to any customer’s Loss to the extent that such Loss is caused by an act or omission on the part of DragNet, its servants or agents intended to cause the customer’s Loss. Customer’s Indemnity of DragNet for Third-Party Claims Each customer indemnifies DragNet against all liability DragNet may have to a third-party for or in respect of any consequential, special or indirect liability, loss, damage or expense (including, but without limiting the foregoing, any loss of profits or data) arising from or caused by or in relation to any act or omission on the part of DragNet, its servants or agents in providing or attempting to provide a Service to each customer, respectively. This indemnity is a continuing obligation of the customer, separate and independent from the other obligations of the parties and survives termination of this contract for whatever reason. Limitation of DragNet’s Liability to Customers Each customer acknowledges that any liability of DragNet to a customer arising from or caused by or in relation to any negligent act or omission on the part of DragNet, it’s servants or agents in providing or attempting to provide a Service to a customer (Negligence) which results in a loss to a customer that is not excluded by paragraph 3 above (‘Exclusion of DragNet’s Liability for Consequential Losses’) is strictly limited to a refund of the fees and charges paid by the customer to DragNet for the period of the Service during which the Negligence occurred.