Terms and Conditions
1. Definitions
eis.net means Elu Information Systems Pty. Ltd. (ACN 008 110 809) trading as eis.net.
Customer means an individual or organisation that wishes to access the System.
System means the computer network which eis.net runs and interconnects with various other Customers and Internet Service Providers.
Connection Date means the date the Customer first has access to the System.
Access Plan means a selection of one or more fees paid by the Customer to eis.net for a predetermined level of access to the System as described in the individual eis.net product descriptions found at http://www.eis.net.au/products
Connection Period means an amount of hours of access to the System determined by the Access Plan purchased.
Download Limit means the total amount of bytes of data transferred from the System to the customer in a set period of time as per the purchased Access Plan.
Upload Limit means the total amount of bytes of data transferred from the Customer to the System in a set period of time as per the purchased Access Plan.
Traffic Limit means the total amount of bytes of data transferred by the System to other Customers or Internet Service Providers on behalf of the Customer in a set period of time as per the purchased Access Plan.
Excess Time means the total amount of hours of access to the System above and beyond the limits agreed to in the Access Plan.
Excess Traffic means the total amount of bytes of data transferred over and above the limits agreed to in the Access Plan.
Logon means the registered user name and password required by the Customer to access different sections of the System.
2. Duration
This agreement shall, subject to the provisions hereof, be for an initial term as defined in the chosen Access Plan, from the Connection Date. After the expiration of the initial term this agreement may, by agreement between eis.net and the customer, be renewed for an additional term by payment in full for an Access Plan. If payment in full for an additional term is not received prior to expiry of the initial term, access to the System will be suspended.
3. Acceptance of Customer application
eis.net reserves the right to refuse an application to be a customer, in which event eis.net shall refund all monies received by eis.net or it's agents in connection with the application for access to the System. Upon eis.net accepting the Customer application for access to the System, the Customer shall be supplied with information on how to access the System, provided that payment in full has been received for the selected Access Plan.
4. Use of the System
The Customer acknowledges to eis.net that the Customer is not relying on the System or services having any particular response times, performance characteristics, or availability. Subject to alterations of hours of operation from time to time and to any down time of the System (maintenance or otherwise), eis.net shall use all reasonable means to ensure that the System and services will, (subject to other terms of this agreement) be available at all times that this agreement is in force. eis.net facilities cannot be used under any circumstances by any individual or group of persons for activities of an illegal or fraudulent nature, including any activities prohibited under the Australia Commonwealth Government Telecommunications Act, or under other applicable Australian State, Territory and Commonwealth Laws. This includes the publishing or downloading of pornographic or other restricted materials that are classified as "prohibited" by the Austrlian Broadcast Authority, and the publishing or downloading of materials that are prohibited by the Copyright act such as .mp3 or other music files, videos, or computer software (warez) that you have not obtained permission to download or distribute from the Author/Copyright holder. eis.net reserves the right to block network access from the System to any Internet sites that are distributing illegal or "prohibited" materials. Persons under the age of 18 years should obtain the consent of a parent, teacher or other responsible adult prior to using the System. eis.net may at any time require the Customer to disconnect its equipment or parts thereof from accessing and using the System or services if, in the opinion of eis.net, such equipment is, has been or is likely to be the cause of interruptions, failures, defects or errors in the System or services. In the event that disconnection is required, eis.net will as soon as possible, advise the Customer of any changes that may be required to the equipment to enable the continued safe use of said equipment. The Customer shall not use the System in such a maner that could reasonably be expected to substantially impare the use of the System by other Customers or other Internet users. This includes but is not limited to denial of service attacks such as flood pinging, unsolicited (SPAM) e-mail, mail bombing. Access to the System is for the explicit use of the registered Customer and not transferable. Multiple simultaneous use of the logon is not permitted. The Customer is responsible for maintaining the secrecy and confedentiallity of all Logon information whether in use or not.
5. Indemnity
The Customer hereby indemnifes and shall keep indemnified eis.net in respect to any loss or damage action claim suit or proceeding against eis.net by any person in respect to the transmissions of illegal, fruadulent or offensive material which the Customer transmits or causes to be transmitted using the System.
The Customer acknowledges that material accessed via the System, with the exclusion of the material that eis.net authors, is not checked by eis.net therefore eis.net has no representation concerning the completeness, correctness, truth or accuracy of that material.
The Customer shall make and rely on their own independent investigation of the completeness, correctness, truth or accuracy of any material.
eis.net and its officers, employees and agents, shall not be liable in contract, or otherwise (including negligence) for any consequential damage or loss or lost profits, revenues or expectations sustained by the Customer indirectly or directly by using the System.
This includes but is not limited to any data obtained via the System; any damage or loss resulting as a consequence of any delays, defect or interruption or failures in the System; the existence, execution or transmission of any computer virus via the System; any loss of data or damage to software or hardware resulting from use of the System or other eis.net services; any act or omission of eis.net; or any inaccuracies or errors in or omissions from any data.
6. Termination of the Agreement
Notwithstanding any other provisions of this agreement, eis.net in addition to any rights it may have under law or statute, may forthwith terminate this agreement at any time for any breach of the terms and conditions or event that it deems reasonable. Failure to abide by any clause stated in the terms and conditions will result in the disconnection and possible cancellation of access to the System. Termination of this agreement will be without prejudice to any accrued rights of either party. Notwithstanding clause 3 which states upon acceptance of the Customers application by eis.net, all Access Plan fees paid for by the Customer will be for the full term of this agreement and are not refundable or transferable. Abuse, hacking or any other unauthorised use of the System will result in termination of services and the possibility of legal action.
7. Fees
eis.net may change the price of an Access Plan at any time. (http://www.eis.net.au/products) It is the Customers responsibility to check for such changes. The Customer understands that fees for the purchase of an Access Plan are not refundable or transferable, unless for technical reasons access to the System is never achieved with the Customers computer equipment. All fees for Access Plans, and other services are to be paid in advance unless other arrangements have been made. Customer access to the System that has been suspended for more than 30 days will result in the deletion of the Logon and any other data that the Customer has saved on the System. Reinstatement of previously deleted Logon will incur any establishment fees that apply to the particular Access Plan chosen by the Customer. Fees for support services and web design, unless specified in an Access Plan, will be charged separately. All fees for Excess traffic or Excess Time, must be paid within 10 days of invoice date. Failure to do so will result in services being suspended. Credit cards will not be automatically debited for renewals of an Access Plan or any other fees unless a Customer has specified this option in writing or requested to be automatically via our web based ordering facility. All sales are final, any refunds will be given at the discretion of the Company Management.