1.1 "Service Provider" means Agapenet  (www.agapenet.com.au) and may include it's agents and suppliers 

1.2 "Service" means access via the Customer's computer to the Service Provider's network including computer communications facilities, computer resources and disk storage and other related services like domain registration, virtual hosting, email aliases etc. 

1.3 "Customer" means the applicant specified on the Application form. 

1.4 "Registration fees" (if any) means the initial set up fee as detailed in the Service Provider's schedule of charges. 

1.5 "Service fees" means the charges for the service that are published by the Service Provider from time to time. 

1.6 "Application form" means the Service Provider's standard application form for the service. 

1.7 "Notice" means notice given or sent through electronic mail, postal mail or fax. 

1.8 "Unlimited" means a reasonable use of system resources, as deemed acceptable by the Service Provider from time to time. 

1.8.1 "Idle time out" is 20 minutes, meaning that if no data is up or downloaded in a 20 minute period, you will be disconnected.  Subject to demand from other users, there are no maximum session time limits on line, but during periods of high demand for user access, if you have already used at least 2 hours in your current session, then you may be disconnected.  We believe this is a fairer system than applying arbitrary session limits which disconnect users even when there is surplus unused capacity within the system." 

1.9 "Not-for-profit organisation" means any organisation, group, community of interest, church, charity etc. which is established primarily to provide assistance to the community generally, or a section of the general community, in a non profit making way, which is generally recognized as being non-
commercial, and which has been approved by the Service Provider as an organisation which may refer Customers to the Service Provider and which may as a result receive a commission/rebate/donation or some other consideration. 2. Scope of Contract 

2.1 This Contract constitutes an agreement between the Service Provider and the Customer on the supply of the Service subject to the due compliance by the Customer of its obligations under the Contract whereby the Service Provider shall supply the Service to the Customer at such times and by such means as the Service Provider from time to time deems appropriate. 

2.2 The Contract constitutes the entire agreement between the parties in respect of provision of the Service. Any prior arrangements, agreement, representations or undertakings are superseded. Subject to the provision of Clause 9, no modification or alteration to any provision of the Contract will 
be valid except in writing signed by each party.

3. Term of Contract

3.1 The Contract shall commence on the acceptance by the Service Provider or its contracted agent of the Customer's Application Form or the date upon which the Customer first uses the Service, whichever is earlier. 

3.2 Subject to the termination clauses mentioned elsewhere in this Contract, the Contract shall continue so long as customer's dues to the Service Provider are fully paid up. 

3.3 The Customer may terminate the Contract at any time by giving thirty (30) days written notice to the Service Provider. Termination must be received in writing by the Service Provider with a minimum of thirty (30) days notice. 

3.4 Fees once paid are not refundable.

4. Service Charges 

4.1 The charges for the Service which are payable in advance are published by the Service Provider from time to time. 

4.2 The Service Provider retains the right to vary these charges upon the giving by the Service Provider of not less than thirty (30) days notice. 

4.3 The Customer shall pay the Registration fee and Service fees or authorize the Service Provider or its agent to so charge the Customer within seven (7) days to the Service Provider or its agent upon submission of the Application Form or when the Customer first uses the Service whichever is earlier and at renewal dates.

5. Customers Responsibilities in the Use of Service

5.1 The Customer is responsible for providing his own telephone line, modem, computer and software that is necessary to link to the Service. There may be situations where the Service Provider shall provide some or all of these as part of a particular access plan agreed with the Customer.

5.2 It is the Customer's responsibility to ensure that any computer(s) used for access to the Service are appropriately licensed for any software used in such access. 

5.3 The Customer agrees not to assign or otherwise transfer this Contract and its accompanying rights; delegate Customer's obligations or resell the Service. 

5.4 The Customer shall not use the Service or permit the same to be used by any other person or entity for any illegal purpose. The Customer acknowledges that the Service Provider co-operates fully with relevant government and policing authorities to facilitate the detection and prosecution of illegal 
activity.

5.4a The Customer agrees the Service is to be only used by the subscribed user. Use of the customers account by persons other than the Customer is not permitted, unless permission is otherwise granted by the Service Provider in writing. 

5.5 The Customer shall not use the Service or permit the same to be used by any other person or entity to interfere with or disrupt network users, services or equipment. This includes but is not limited to sending to any person any communication which is offensive; or abusive; or obscene; or 
indecent; or menacing or which causes or is intended to cause annoyance, inconvenience or anxiety to any person. Notwithstanding this, the Customer realizes that the Service Provider is a common carrier. 

5.6 The Customer shall comply with all laws from time to time relating to the use of the Service. 

5.7 The Customer shall indemnify and keep indemnified the Service Provider against all costs and liability incurred as a result of any breach by the Customer of the obligations of the Customer under the Contract. 

5.8 The Service Provider is not responsible for the content and information accessed via the Service as it cannot control or monitor the content and information. Hence the responsibility for any information and/or content accessed via the Service rests solely with the Customer. 

5.9 The Customer must at all times comply with verbal or written instructions given by the Service Provider from time to time in respect of access to the Service.

6. Confidentiality

6.1 The Customer acknowledges the confidential nature of the Service Provider's intellectual and industrial property rights in respect of the Service. 

6.2 The Customer shall not, without the Service Provider's prior written consent, copy or cause to be copied or disclose any details of the Service Provider's confidential, intellectual or industrial property rights in respect of the Service. 

6.3 The Customer shall not disclose personal login account details and is responsible for all use of the Service accessed through the Customer's password.

7. Force Majeure

7.1 The Service Provider will not be liable for any delay or failure to perform its obligations under the Contract if such a failure or delay is due to an Act of God, insurrection or civil disorder,  a terrorist incident, war or military operations, industrial disputes of any kind (whether involving the Service Provider's employees or contractors), fire, lightning, explosion, flood, inclement weather or any other case whether similar or dissimilar that is outside the control of the Service Provider.

8. Termination

8.1 The Service Provider reserves the right to cancel the contract and terminate the Service immediately upon non receipt of moneys for services from the Customer. 

8.2 Notwithstanding Clause 8.1, the Service Provider may terminate the Contract immediately by notice in writing to the Customer if:
(i) the Customer provides false or misleading information in respect of the Customer's use of the Service or in the Application form; 
(ii) the Customer misuses or abuses the Service as laid out in Clause 5 of Customer's responsibilities in the use of the Service; 
(iii) in the opinion of the Service Provider the Customer has or may use the Service for any unlawful or improper purpose or in a manner that may jeopardize the security or interface in the proper operation of the Service or any part thereof; 
(iv) the Customer, being a natural person, dies.

8.3 If notice is given to the Customer pursuant to Clauses 8.1 or 8.2, the Service Provider may, in addition to terminating the Contract, retain any moneys paid in advance by the Customer.

9. Variation of the Contract 

9.1 The Service Provider may from time to time vary the Contract by giving the Customer not less than thirty (30) days notice of such variation.

10. Headings 

10.1 Headings used in these conditions are for convenience and ease of reference only, and are not part of the Contract and shall not be relevant to or affect the meaning or interpretation of the Contract.

11. Severability 

11.1 If any provision of the Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provision which shall be deemed deleted.

12. Disputes

12.1 Any dispute arising in connection with the Contract which cannot be settled by negotiation between the parties or their representatives shall be submitted to mediation in accordance with the Rules of the Law Society of New South Wales. During such mediation, both parties may be represented by a duly qualified legal practitioner.

13. Service of Notices 

13.1 All notices to be served on either party shall be in writing and deemed to have been duly given or served if left at or sent by post or facsimile or electronically mailed to the parties at their respective addresses as specified on the Application form, or as their email address on the service.

14. Jurisdiction 

14.1 The Contract shall be governed by the laws in force in the State of New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State.

15. Rebate/Donation to not-for-profit organisation(s) 

15.1 Not-for-profit organisation(s) who register with Agapenet.com.au understand and agree that they will receive a commission/rebate/donation from Agapenet.com.au for each member or supporter referred by them whose Agapenet.com.au service fee remains in credit and who has nominated the respective not-for-profit organisation to receive said commission/ rebate/ donation. 

15.2 A not-for-profit organisation will not receive the respective commission/rebate/donation set out in 15.1 (above) until their total commission/rebate/donation per month equals at least $40.00. 

15.3 The amount of the commission/rebate/donation may be varied from time to time by the Service Provider when the charges for the service are varied. A different commission/rebate/donation may be applied by the Service Provider to different user access plans, or by arrangement with a particular not-for-profit organisation.

16. Variation of Terms and Conditions

16.1 These Terms and Conditions may be varied at any time by the Service Provider by publishing any such variations on its internet website.