iBurst Wireless Broadband - Terms and Conditions

In the following Terms and Conditions, the COMPANY refers to FutureWeb Pty Ltd or its subsidiary businesses. The CUSTOMER refers to the signatory or their associated business. The signatory must be the Customer or an authorised representative.

The Customer must comply with the "Acceptable Use Policy" of the Company's and that of other network systems that are accessed indirectly or directly (http://www.futureweb.com.au/AccUsePolicy.htm). If the Customer uploads and/or downloads more than ten times the average of other users on the network at that speed, the Company may shape the wireless broadband service without notice to slow the Customer's Access and/or Traffic Transmission Rate to 32Kbps/32Kbps until the end of the calendar month.

The Company reserves the right to suspend or terminate, with or without notice, any Customer's account which, in the Company's opinion, is directly or indirectly involved in activities which are detrimental to the Company's Internet service or jeopardise the use of the Company's service or its performance for other customers or how the wider community will perceive the Company. This includes, but is not limited to 'spamming' or forwarding 'spam', Customers listed or who cause the listing of the Company or its customers on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.

The Company assumes no responsibility or liability arising from the content of, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information accessed. The Customer is prohibited from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

The Customer is responsible, for all charges in respect of the use of the wireless broadband service whether or not such usage was authorised by the Customer. It is the Customer's responsibility to maintain the security of the means of access to the wireless broadband service and to ensure unauthorised usage does not occur. The Customer agrees to pay all setup, access and usage charges (where applicable) and any other charges related to the service chosen by the Customer, by cash, cheque or credit card, upon submission of the Application Form. Shaped plans are payable in advance either by credit card on a monthly basis, or quarterly via cash, cheque or money order. Plans with a data limit are charged via credit card only on a monthly basis, monthly fees in advance and data in arrears. Accounts in dispute must be paid by the Due Date, and a credit will be made if dispute is resolved in the Customer's favour.

There is no minimum term. However, the Customer must pay a setup fee based on the term of the Contract. Termination of this contract by the Customer within the contract period will incur an Early Termination Fee. Any additional upload/download data charges due at the time of termination MUST be paid at the time of Termination. Non Fixed term Plans shall not have an applicable Minimum Service Period, however, the minimum charge shall be one month.

Customers may migrate to another wireless broadband plan at no charge if the new plan has a higher recurring monthly fee. If the Customer nominates to change to a plan with a lower recurring charge, a "Change of Plan" fee will be charged. Changes of Plan will become effective from the first day of the month following written notification requesting the plan change, and upgrades/downgrades will not be pro-rated. Setup fees, Plan Change fees, and Early Termination fees are detailed on the first page of this Application Form. The Customer agrees to participate in the Company's Churn program.

If credit card details are supplied, the Company is authorised to debit that credit card for any fees as and when they fall due. If updated credit card details are provided to the Company, the Customer agrees the cardholder's signature on the original form is binding for the new details. " Accounts with a negative balance and no automatic debit authority from a valid credit card may be disabled without notice, if outstanding amounts are not paid by the due date.

The Customer is required to pay for any and all charges by Internal or External collection agencies in regards to overdue monies owed to the Company by the Customer.

The Company may increase its charges by any new or increased Government taxes, charges, fees, or duties.

Due to the limited nature of coverage, each service will be afforded a ten day Trial Period, during which the Customer can check Coverage and Access Speed. Throughput is not a cause for Termination under the Trail Period. During the Trial period, the Customer can return the hardware (in original condition and packaging) and notify the Company in writing of cancellation. The Company will refund the Setup fee for this service, and no Recurring Fee or Usage Fees used shall be charged during the Trial Period.

The Customer acknowledges that the Company cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Third Party Carrier's Network infrastructure.

The wireless broadband service is used at the Customer's own risk and the Company takes no responsibility for any data downloaded and/or the content stored on the Customer's computer. The Customer agrees not to make any claim against the Company, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the wireless broadband service.

The Company will use its best endeavours to make the wireless broadband service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that the Company cannot guarantee uninterrupted service, the speed, performance or quality of the wireless broadband service. The Customer further acknowledges that the wireless broadband service is not fault free and there may be interruptions and/or access problems from time to time as the Company depends on the performance of Third Parties over which the Company has no control and therefore can accept no liability for problems that may arise from the service.

The Customer is not permitted to on-sell any services or data provided to them via the Company's wireless broadband link. This includes but is not limited to situations such as an Internet Café, other wireless networks, web servers, news services or multiple businesses via a single connection, unless previously agreed to by the Company.

The Customer agrees to direct all queries regarding faults and outages of the wireless broadband service to the Company's Technical Support. The Customer is liable for any charges relating to enquires to Third Party service providers. The Company will invoice the Customer for any cost incurred by the Customer calling any Third Party service provider for help or queries relating to the wireless broadband service.

If the Customer supplies their own wireless broadband modem they are solely responsible for its maintenance and configuration. A Company supplied the wireless broadband modem will be pre-configured by the Company, or if shipped directly from the supplier to the Customer, the Company will assist the Customer in its configuration. Where it is found that the Customer has tampered with a Company supplied modem and reconfiguration is required, or the Customer requires configuration of a self-supplied modem, a service charge may be payable.

The Company reserves the right to change these Terms and Conditions without notice to the Customer.

This contract will be ongoing until terminated by either party giving fourteen (14) days notice in writing. If the Customer terminates this Agreement before the expiry of the initial contract period, the Customer will be liable to pay the Early Termination Fee.