SECTION 1: DEFINITIONS & INTERPRETATION
1.1 "Brettware" means Brettware Computer Systems Engineering, ABN 53 215 310 418, its successors and assigns.
1.2 "You" means the person named in the Application.
1.3"Application" means the electronic, paper, voice or other form of application lodged by You.

1.4 "Internet Access" means connection to the Internet using hardware, software and protocols supported by Brettware, and use of any additional services provided by Brettware.
1.5 "Customer" means any person who has entered into an Agreement with Brettware for the purpose of provision of Internet Access.
1.6 "Charges" mean all Charges due to Brettware for use of the Internet Access, in accordance with this Agreement.
1.7 "Plan Period" means the duration of the Internet Access plan You have nominated.

1.8 "Material" means information sent or received through the Internet Access. This includes without limitation text, graphics, software, sound, video, e-mail, and any other form of electronic information.
1.9 "Storage Facility" means any facility provided by Brettware, which allows You to store information, including but not limited to Your e-mail mailbox and Web space.
1.10 "Equipment" means any hardware or related goods supplied to You by Brettware for use with the Internet Access.
1.11 This "Agreement" means the Application, together with these terms and conditions and Your nominated Internet Access plan, as published on the Brettware web page and as may be varied from time to time.
1.12 "Implied Term" means a term implied into this Agreement by consumer protection legislation and which such legislation prohibits from being excluded, modified or restricted.
1.13 "Force Majeure" means a circumstance beyond the reasonable control of Brettware and You which results in either party being unable to observe or perform on time an obligation under this Agreement. Such circumstances shall include but shall not be limited to:- (a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster; (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; (c) strikes; and (d) any failure (howsoever caused, other than for the negligence of Brettware) of Brettware’s service provider or of Brettware’s power supplier.
1.14 "Service" means interactive access to Brettware’s gateway to the Internet, the design and provision of World Wide Web data and the incidental storage of data.
1.15 In this Agreement, unless the contrary intention appears:-
(a) the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
(b) a cross reference to a clause number is a reference to its subclauses;
(c) words in the singular number include the plural and vice versa;
(d) words importing a gender include any other gender;
(e) a reference to a person includes a partnership and a body, whether corporate or otherwise.

SECTION 2: PRICES CHARGES AND BILLING
2.1 You must pay to Brettware:
2.1.1 all Charges for the Internet Access as advised to you by Brettware within the time specified for payment on the invoice.
2.1.2 any Goods and Services Tax (GST) (or like imposition) associated with this Agreement.
2.2 Each Plan Period is charged in advance. Any additional Charges accrued during a given Plan Period are charged subsequent to the Plan Period.
2.3 Brettware may change the Charges at any time (but will not change any Charges which have already been incurred). It is Your responsibility to make sure You are aware of these changes, as published on the Brettware Web page.

2.4 Where You have nominated credit card payments, to the extent permitted by law You irrevocably authorise Brettware to:
2.4.1 automatically debit the Charges for the first Plan Period and subsequent Plan Periods against Your credit card;
2.4.2 automatically debit any outstanding Charges against Your credit card at any time, including after termination or suspension of the Internet Access;
2.4.3 disclose Your personal and financial details to a financial institution or credit card issuer in order to verify Your details, and determine Your ability to pay the account.
2.5 You are responsible for providing and paying for all communication, connection and usage Charges involved in the connection between Your premises and the point of presence used for the Internet Access, hardware, software, and other devices (other than the Equipment) necessary for use of the Internet Access.

2.6 Download volume calculations include all Material transferred to Your computer through the Internet Access.
2.7 Upload volume calculations include all Material transferred from Your computer through the Internet Access.
2.8 You must pay disputed Charges. A credit may, at Brettware's discretion, be issued at a later date.

2.9 Where You dispute the Charges, You must notify Brettware immediately after receiving Your bill or credit card statement.
2.10 You are responsible for all costs associated with Material or other products and services obtained from third parties through the Internet Access.
2.11 Where Your account is overdue, Brettware may apply an overdue charge.
2.12 Termination of Your Internet Access before the end of Your Plan Period may incur an administration fee.

SECTION 3: TERMINATION AND SUSPENSION OF ACCOUNTS
3.1 Brettware may, at its discretion, immediately suspend or terminate the Internet Access without notice in the following circumstances:
3.1.1 during any investigation of alleged Defined Abuse;
3.1.2 where You fail to pay the Charges;
3.1.3 where Your financial position is significantly changed, including without limitation, bankruptcy, insolvency, a winding up application or the appointment of a receiver;
3.1.4 where the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
3.1.5 where the Customer, being a natural person, dies;

3.1.6 in an emergency or to safeguard the provision of services to any Customer;
3.1.7 if You breach this Agreement;
3.1.8 where You have provided any misleading, false or incomplete information to Brettware;
3.1.9 where Your nominated payment method is refused or dishonoured by Your nominated financial institution;
3.1.10 where You fail to notify Brettware of a relevant change to Your personal details.
3.2 Brettware is not required to issue You a refund if the account is suspended or terminated for any of the reasons in clause 3.1, except as required by law.
3.3 Your Internet Access will continue until the Internet Access is terminated in accordance with this Agreement.
3.4 You may terminate or suspend the Internet Access at any time by giving written notice to Brettware. The termination or suspension will take effect at the end of Your current Plan Period. You will not be issued a credit or refund for any unused Internet Access, except as required by law.
3.5 Brettware may terminate the Internet Access without cause by giving 24 hours notice to You. You may apply for a pro-rata refund for any Charges already paid by You. Brettware may levy a reasonable fee for any costs incurred as a result of the early termination.
3.6 Brettware may delete any Storage Facilities used by You on termination or suspension of this Agreement.
 

SECTION 4: USE OF THE SERVICE
4.1 Brettware will provide You with a wireless adapter. This adapter is programmed to give you access to the Internet. Your adapter has a unique identifier, which identifies your connection to Brettware.
4.2 You are not authorized to use the Internet Access unless Your Application has been accepted by Brettware.
4.3 Brettware has no responsibility to provide training in the use of the Internet Access pursuant to this Agreement.

4.4 You will supervise any minors who use the Internet Access. You understand that Material obtainable through the Internet Access may not be suitable for minors.
4.5 You must not modify Your username. Brettware may modify Your username at its discretion.
4.6 You must not maintain or permit multiple concurrent connections to the Internet Access.
4.7 To the extent permitted by law, Brettware may monitor Material You transfer through the Internet Access. This information may be disclosed to third parties without notice.
4.8 You must not resell the Internet Access.
4.9 You are responsible for maintenance and care of equipment You use to connect to the Internet Access, including backup of all information (including without limitation software and data).
4.10 Brettware may disconnect You from the Internet Access for periodic maintenance. You can immediately reconnect once normal service has resumed. Brettware will endeavour to give you notice when scheduled maintenance will occur, but there may be circumstances when notice is unable to be given.
4.11 Where Your use of any Storage Facilities exceeds specified limits, Brettware may remove any of the stored information without notice. This includes, without limitation, information in Your e-mail mailbox and Your personal Web space.
4.12 Brettware may delete e-mail sent to or from You where:
4.12.1 individual messages are greater than a specified limit;
4.12.2 messages remain on Brettware servers for more than 90 days;

4.12.3 the message has been infected by a virus.
4.13 You must not connect a sub-network to the Internet Access, unless Brettware expressly allows otherwise in writing, including without limitation hosting of FTP, SMTP, HTTP and Proxy Services
4.14 You must not engage in Defined Abuse.

SECTION 5: ACCOUNT SECURITY & ABUSE
5.1 You are responsible for ensuring the security of Your account by:
5.1.1 exercising due care when choosing passwords;
5.1.2 choosing passwords which contain both letters and numbers;
5.1.3 regularly changing Your password;
5.1.4 never recording Your password on Your computer, and safely storing Your password;
5.1.5 ensuring that Your computer system is up to date and secure;

5.1.6 ensuring that your network adapter does not become lost or stolen;
5.1.7 maintaining current anti-virus, firewall and other appropriate security measures;
5.1.8 exercising due care when using and retrieving Material through the Internet Access.
5.2 You are entirely responsible for all use of the Internet Access by any person using Your username and password and/or wireless adapter provided by Brettware.
5.3 "Defined Abuse" means misuse of the Internet Access by:
5.3.1 intentionally providing false information to Brettware;
5.3.2 using or distributing a Customer's username, password or unique identifier/MAC address;

5.3.3 engaging in the practice known as 'spamming';
5.3.4 using the Internet Access in an unlawful manner;
5.3.5 using the Internet Access to menace or harass others;
5.3.6 unauthorised or fraudulent usage of the Internet Access;
5.3.7 the use or distribution of components designed to compromise system security. This includes credit card generators, password guessers, crackers, packet sniffers, network probes, and other such components;
5.3.8 deliberate or reckless disruption of Brettware's services or disruption of a Customer's Internet Access. This includes damage to Internet connected resources, Denial of Service attacks, hacking, distributing computer viruses and e-mail bombardment.
5.3.9 providing illegal, indecent, pornographic, fraudulent, threatening, damaging or misleading material, or information about how to obtain such material through Your personal Web space or any other means.
5.3.10 engaging in unauthorized activities in relation to other peoples' intellectual property; or
5.3.11 any other manner reasonably determined by Brettware.
5.4 Brettware may, at its discretion, retain and assess any data or information concerning Your use of the Internet Access.

5.5 Brettware may take reasonable steps to investigate an allegation of Defined Abuse.
5.6 Where You are found to have engaged in Defined Abuse (without prejudice to Brettware's other rights):
5.6.1 Brettware may provide Your particulars to any third party affected by Your conduct;
5.6.2 Brettware may charge You $100 per hour for time spent investigating the Defined Abuse;
5.6.3 Brettware may charge You $5.00 per hour for use of the Internet Access;
5.6.4 any Storage Facility You utilised may be removed without notice;
5.6.5 Brettware may immediately terminate this Agreement without notice.

SECTION 6: GENERAL
6.1 You may use the Internet Access only for personal, non-commercial purposes, unless expressly permitted otherwise in writing.

6.2 You warrant that You are an individual, are over 18 years of age and are authorized to enter into this Agreement.
6.3 Use of the Internet Access constitutes unconditional acceptance of this Agreement by You.
6.4 Brettware may vary this Agreement at any time. It is Your responsibility to make sure that You are aware of these changes, as notified to You or as published on the Brettware web page. Continued use of the Internet Access constitutes acceptance by You of any changes.
6.5 Failure by Brettware to act immediately on any right under this Agreement does not waive any such right.
6.6 You warrant that all information You provide to Brettware is true and correct. You must notify Brettware immediately should any relevant details change.
6.7 Unless agreed otherwise by Brettware, You are the only person authorized to request account information, make account changes, or receive customer service or support.
6.8 For the duration of this Agreement, You shall provide Brettware, free of charge, with all assistance, information, access, facilities and services reasonably required by Brettware to enable it effectively to exercise its rights or perform its obligations under this Agreement.
6.9 If any provision of this Agreement is void, unenforceable, invalid or illegal, that provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.

SECTION 7: GOVERNING LAW AND JURISDICTION
7.1 The laws of Federal and State Governments govern this Agreement.

7.2 This Agreement contains the entire understanding between You and Brettware. No other written or verbal correspondence affects the meaning or interpretation of this document.

7.3 Where software is supplied to You by Brettware, You agree to abide by any associated copyright and licensing restrictions including but not limited to, the number of computers the software is installed on, sublicensing the software and assignment of Your rights and obligations to the software.
7.4 The rights and obligations of the Customer under this Agreement shall not be assigned, sold, delegated, alienated, transferred or otherwise disposed of in any way by the Customer.
7.5 Brettware may at any time assign any of its rights under this Agreement without the consent of the Customer. The Customer agrees to sign whatever documents are required by Brettware to perfect any assignment by Brettware.

SECTION 8: LIABILITY
8.1 The liability of Brettware in respect of a breach of an Implied Term relating to the supply of any goods or services is to the full extent permitted by law limited to, at Brettware's option:
8.1.1 in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; and the payment of the cost of having the goods repaired; and
8.1.2 in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
8.2 Subject to any law to the contrary and clause 8.1:
8.2.1 You agree that Brettware's liability in relation to any claim, loss or damage and any associated costs whether arising under or in relation to this Agreement, any tortious act or omission (including without limitation negligence) or under common law or statute, is excluded;
8.2.2 the parties exclude any term, condition, warranty or representation which is not expressed in this Agreement (other than an Implied Term); and
8.2.3 Brettware is not liable to You or any other person for any loss or damage (including but not limited to any loss of profits, business or anticipated savings or any other form of indirect or consequential loss), either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, in relation to this Agreement.
8.3 Subject to this Agreement and any law to the contrary, You: (a) acknowledge and agree that all relevant products and services supplied to You are not suitable for (and are not supplied for the purpose of) supporting any application which needs continuous or fault free service; (b) are responsible for making Your own assessment of whether You need continuous and fault free services and obtaining and implementing advice about alternative services suitable for such purposes; and (c) release Brettware and its related bodies corporate and their respective officers, employees, contractors and agents (the "Released Persons") from all claims arising out of or in connection with all products and services.
8.4 You indemnify Brettware and its related bodies corporate and their respective officers, employees, contractors and agents (collectively the "Indemnified Parties") from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by the Indemnified Parties arising from or in connection with:
8.4.1 any breach of, or failure to comply with, the terms of this Agreement by You;
8.4.2 any damage to the Indemnified Party's network or other damage to property or persons caused by You or any person using the Internet Access (a "Permitted User");
8.4.3 the use of the Internet Access by You or a Permitted User;
8.4.4 the reproduction, broadcast, use, transmission, communication or making available of any Material by You or a Permitted User, using the Internet Access;
8.4.5 any alleged breach of a person's rights (including, but not limited to, defamation and intellectual property rights) through use of the Internet Access by You or a Permitted User; and
8.4.6 any equipment or a facility owned or controlled by You which causes a fault in, or interferes with, the operation of any system or network owned or operated by Brettware.
8.5 All information, advice or software is provided to You on an "as is" basis. Brettware is not responsible for any losses resulting in its provision or use.
8.6 If Your activities (in Brettware's judgment) unreasonably restrict, inhibit, or degrade any other Customer's use of the Services, or represent an unusually large burden on Brettware's staff or the Brettware network, Brettware may terminate or suspend this Agreement.
8.7 You must ensure that Your software, computer and communications equipment is compatible with Brettware's systems.
8.8 Brettware 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.
8.9 Brettware will endeavour to make the Internet Access available 24 hours a day 7 days a week. Brettware does not warrant that the service will be uninterrupted or error free. Brettware will endeavour to give You notice if the Internet Access is unavailable due to maintenance, upgrades or repairs, but there may be circumstances when notice is unable to be given.
8.10 You use the Internet Access at Your own risk. You agree that Brettware is neither responsible nor liable for any Material obtained through the Internet Access. You agree to abide by all applicable laws relating to use of the Internet Access.
8.11 Where Your use of the Internet Access utilises services provided by third parties, You acknowledge and agree the third parties are not liable to You nor are they required to pay You any loss, costs or damages resulting from their actions.
8.12 Neither Party shall be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure.
8.13 If a delay or failure of a Party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that Party’s obligations will be suspended.
8.14 If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds sixty (60) days, either Party may immediately terminate the Agreement on providing notice in writing to the other Party.
8.15 If this Agreement is terminated pursuant to subclause 14, Brettware shall refund moneys previously paid by the Customer pursuant to this Agreement for goods or services not provided by Brettware to the Customer.

SECTION 9: INSTALLATION OF EQUIPMENT AT YOUR PREMISES
9.1 Brettware shall install the Equipment at the site nominated by You and agreed by Brettware. Brettware shall use reasonable endeavours to install the Equipment on or around the agreed installation date but will not be liable for any loss or damage for failure to do so.
9.2 You are liable for any Charges associated with the installation of any Equipment at Your premises.
9.3 Installation of the Equipment will be in consultation with You, however, the technician will decide on the position of Equipment.
9.4 Subject to any law to the contrary, You are responsible for the cost of repairing or replacing any faulty equipment (including the Equipment), provided that Brettware will, where possible, pass on the benefit of any manufacturer's warranty in respect of the Equipment.
9.5 You must provide a safe environment for the installation, maintenance and removal of any Equipment.
9.6 Subject to this clause, You warrant that You are the owner of the premises where the installation of the Equipment is to take place. Where You are not the owner of the premises, You must provide Brettware with written evidence from the premises owner or landlord that the required work can be carried out.
9.7 Brettware retains full rights, title and interest to and in the Equipment. You must not interfere with the Equipment without the prior written consent of Brettware.
9.8 You shall assume all risks and liabilities for and in respect of the Equipment.
9.9 Where the Equipment is affixed, attached or secured to land or premises, the Equipment shall be deemed not to be a fixture and may be removed by Brettware at any time in accordance with this Agreement.

10. SUB-CONTRACTS
10.1 Brettware may sub-contract for the performance of this Agreement or any party of this Agreement.
10.2 Brettware may, without the consent of the Customer, engage individuals on a sub-contract or consultancy basis, whether or not operating under a corporate structure, to assist in the provision of the Services.

11. VARIATION
11.1 The provisions of the Agreement shall not be varied, except by agreement in writing signed by the Parties.
11.2 If either Party wishes to vary the Agreement, the proposing Party shall submit a copy of the proposed variations by electronic mail to the other Party. The receiving Party shall advise the proposing Party within four (4) normal working days, or such other period as it agreed by the other Party ("the receiving Party"), of receipt of the variations either:-
(a) that the receiving Party accepts the variations; or
(b) that the receiving Party rejects the variations.
11.3 If the receiving Party accepts the variations, the Agreement shall be deemed to incorporate the accepted variations from the date upon which the receiving Party notifies the proposing Party that it accepts the variations.
11.4 If the receiving Party rejects the proposed variations, each Party shall perform the Agreement in accordance with the unvaried Agreement.
11.5 A variation shall not be effective unless the Parties agree in writing as to:-
(a) the effect of the variation, if any, upon the Charges; and
(b) the impact of the variation on the obligations of either Party under this Agreement.

12. NOTICES
12.1 Notices under this Agreement may be delivered by hand, by mail, by facsimile or by electronic mail to the addresses specified in the Subscription Form.
12.2 Notice will be deemed given:-
(a) in the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party;
(b) in the case of posting, three days after dispatch;
(c) in the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission; and
(d) in the case of electronic mail, immediately after transmission except where the sender is advised of "unsuccessful delivery" or similar notation within 24 hours of transmission.