DragNet - DragNet Satellite Terms & Conditions

'The Service' means the approved Australian Broadband Guarantee Subscriber's rights of access to Dragnet Internet Services Pty Ltd (DragNet). ‘The subscriber’ means the individual over the age of 18 years, after application, qualification and subsequent approval by Dragnet Internet Services Pty Ltd under the guidelines provided by the Department of Broadband, Communications and the Digital Economy (DBCDE, http://bcoms.dcita.gov.au/BSL/ ) for the subsidy known as The Australian Broadband Guarantee and after signing of this contract, will be receiving an Australian Broadband Guarantee approved service for the period prescribed at the head of this contract. ‘Installation’ means the erection and cabling (up to 10metres) by a DragNet nominated installation professional of all reception/transmission equipment on a single story dwelling owned by a subscriber or with written approval from a body corporate or landlord including. Non-standard mounting/installation requirements will incur additional charges that will be advised to the Subscriber before installation work commences.

Extent and Limitations of Service

Satellite broadband is a high latency technology that may not be appropriate for some low latency Internet applications. It is recommended subscribers read and understand the implications of a high latency connection at https://www.dragnet.com.au/latency. The subscriber is entitled to access the service at any time and at any hour, subject to the limitations of the type of service for which the subscriber has subscribed and subject to the limitations and exclusions of this contract. The Service includes the installation of required CPE and initial telephone consultancy of up to 2 hours for the setup of said CPE.
The recommended computer configuration is based on a minimum of Windows XP or MAC OSX as appropriate. For Windows based computers less than this, Dragnet will at the client’s request and responsibility proceed to install all necessary components. In this case the customer will be requested to sign a waiver to this effect before a contract is accepted. DragNet is unable to guarantee successful installation under these circumstances and will not be held responsible for any consequences. Refer to “Section 4: Installation Questionnaire” for more information on supported Operating Systems.

Software provided by Dragnet Internet Services Pty Ltd

Where Dragnet Internet Services Pty Ltd provides software to the Subscriber whether in relation to and in connection with the Service or otherwise, such software is only the subscribers license to access the service and not to be copied or distributed to any other party. The Subscriber undertakes to abide by any and all licensing terms contained in such software.

Payment and Variation of Fees and Charges

Fees for the Service, Support and Consultancy are as stated in the pricing schedule in the Australian Broadband Guarantee Service Plan Tables tendered to the Subscriber pertaining to their service to be provided by Dragnet and are offered to the subscriber for the total period of this contract. The overall price of the Broadband Guarantee service being provided will not be increased for three years from the commencement of the provision of the service. All charges are due and payable on the anniversary/activation date of each month in advance with any additional charges for excess services charged in the month following use.

Privacy

Dragnet Internet Services Pty Ltd undertakes to ensure, as far as is practicably possible, that the subscriber's account on Dragnet Internet Services Pty Ltd, and all matters related thereto will be kept private and confidential. Dragnet however may release personal information to the Department of Broadband, Communications and the Digital Economy (DBCDE, http://bcoms.dcita.gov.au/BSL/) which may then use it for the purposes of the Broadband Guarantee program.

Responsibilities of the Subscriber

The Subscriber shall, in respect of the use of their Service, at all times conduct themselves in a responsible and considerate manner. The Subscriber shall not use or allow the Service to be used for any unlawful or illegal purpose or involve the use of the Service in any breach of any civil or criminal law. The Subscriber is responsible for the maintenance and security of their own access facility to Dragnet and security and integrity of login and password procedure to the Subscriber's own account. The Subscriber shall remain responsible for any use and / or excess used, by unauthorised persons logging in through the Subscriber's account via the use of the Subscriber's access facility and/or as a result of the obtaining and use of the Subscriber's login and password procedure.

Breaks or Interruptions in Service

Dragnet Internet Services Pty Ltd is entitled to temporarily withdraw the Service for any purpose; including, maintenance, service, upgrades, emergency procedures and/or repair, at any time, with or without notice to The Subscriber however, Dragnet will notify the subscriber 72 hours before any planned outage. Dragnet is not responsible for any break or interruption of the Service howsoever caused, but undertakes, where such a break or interruption has taken place, to endeavor to restore the Service within four hours or as soon as is practicably possible.

Provision of Services

The terms and conditions of this customer contract maybe changed by agreement of the parties but any changes must have prior approval from the Department of Broadband, Communications and the Digital Economy (DBCDE, http://bcoms.dcita.gov.au/BSL/ ) and be communicated to customers. Customers may migrate between Broadband Guarantee services within the platform technology at no cost penalty and are always entitled to return to the original Broadband Guarantee service.

Minimum Service

Initial connection to be completed within 20 working days on receipt of completed agreement. Other than where exceptional circumstances apply as agreed with Department of Broadband, Communications and the Digital Economy (DBCDE, http://bcoms.dcita.gov.au/BSL/ ) DragNet agree to provide as a minimum the service and support levels as in required under the Australian Broadband Guarantee program.
Access to the internet for a single user (for multiple user options refer to DragNet)
Free 24 hour fault reporting via email, voice mail of fax
Staffed help desk service from 9.00 am to 9.00 pm Monday to Saturday, 3-6 pm Sunday
Customer usage information updated at least once per day

Data Allowance and Usage

Dragnet will allow the subscriber using an online interface, updated daily, to check data figures up to and including the previous 24 hours compounding between the 1st and end of any stated month. Any excess charges incurred are therefore the sole responsibility of the subscriber.

Limitations on use of the Service

The Subscriber agrees that they are specifically the end-user of the Service and agree not to on-sell or distribute the service to any other party without notification and specific approval by Dragnet.

Term of Contract

This contract shall, subject to the provisions thereof, be for a minimum term of 18 months and up to a maximum term of 36 months from the date stated at the head of this contract at the price stated in this agreement. After the expiration of this term, this contract may, by agreement between Dragnet and the Subscriber, be renewed on the anniversary date of this agreement. The service is offered for up to three years from the date of the initial contract. Early termination of Australian Broadband Guarantee contracts are subject to a fee of $150.00 plus 30% of the residual value of the contract. These fees are waived however if subscribers are switching to another Broadband product supplied by Dragnet such as ADSL. At the end of any contracted term this agreement will be automatically renewed on a monthly basis unless either party provides 30 days written notice of intent to discontinue the service at the expiration of the current term.

All equipment supplied for Broadband Guarantee services under this contract remains the property of DragNet. DragNet will be responsible for the removal of any equipment on termination of this contract.

Termination by Dragnet Internet Services Pty Ltd

Dragnet may at its discretion, terminate the Service to the Subscriber at any time upon the following events:

Immediately and without notice upon a breach of this Contract,
Immediately and without notice upon any other breach by the subscriber of any law, civil or criminal, relating to or connected with the use or involvement of the Service,
Upon any invoice, having been tendered by Dragnet to the Subscriber, remaining outstanding beyond the payment date stated in the invoice.

Exit Strategy

Should DragNet undergo a corporate restructure, termination of registration, change of ownership or similar, DragNet will, with a minimum of 30 days notice to the Subscriber:

Move the subscriber service to an alternate Comparable Service Provider.
Provide the option of termination of the Agreement by the Subscriber should they be dissatisfied with the service options provided by DragNet – without penalty.

DragNet will not assign the whole or part of the contract to an alternate service provider without prior written consent provided by the subscriber (a/the customer).

General Exclusions

Dragnet shall not be held liable for any loss or damage arising from or in connection with the use of or in relation to any matters arising out of the provision of the Service, or in consequence thereof including results of terrorism or as defined as an Act of God.
The Subscriber undertakes to hold Dragnet harmless and to indemnify Dragnet for or in respect of any action, claim or liability made against Dragnet or its personnel by any third party or parties arising from or connected with the Subscriber's operations in relation to or connected with the Service, or in relation to or connected with the provision of Dragnet Management and Domain Services.

Agreement

This Agreement constitutes the entire contractual agreement between Dragnet and the Subscriber in respect of all matters covered by this Agreement and all prior agreements and representations are hereby superseded.

Jurisdiction

This Agreement is governed by the laws in force in the State of New South Wales and the parties hereby agree to submit to the jurisdiction of this State.