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Terms & Conditions

Broadband Terms and Conditions

1. Definitions
In these Terms and Conditions:
“Authorised User” means any person nominated by the customer who is authorised to use the service.
“Charges” means those charges payable from time to time by the Customer to OnSky for provision of the service including any reviewed Charges.
“Commencement of Service Date" means the date nominated by the Customer on the Order Form.
“Customer” means the company, association, partnership, local, state or commonwealth authority or other entity or private individual described in the Order Form.
“ Order Form” means the document in which the customer applies for the service to be contracted from OnSky.
“Initial Set-Up Fee” means the initial set-up fee or installation charge specified in the Order Form.
“Interest Rate” means the annual rate charged by OnSky’s principal banker (as nominated by OnSky from time to time) on current overdraft rates plus 2%.
“OnSky” means OnSky Pty Ltd (ABN 13 646 751 215).
“Rules” means the OnSky Standard Rules as in force from time to time.
“Service" means the service or other services provided by OnSky to the Customer as described in the Order Form including where applicable access to OnSky’s network (including computer resources, disk storage and computer communication facilities) and the Internet, and any other services contracted between OnSky and the Customer as specified in the Order Form.
“Terms and Conditions” means the Terms and Conditions as outlined below.

2. Agreement
2.1. The Agreement is bound by the Order Form, signed by the Customer and accepted by OnSky, and these Terms and Conditions.
2.2. Where a minimum contract period is specified in the Order Form, the minimum contract period commences on the date the Service is connected.
2.3. Subject to these Terms and Conditions, the Agreement shall remain in force:
2.3.1. Where a minimum contract period is specified in the Order Form, the agreement shall be continued for that minimum period, and then continue until such time as it is terminated by either OnSky or the Customer giving to the other thirty days written notice;
2.3.2. Where a minimum contract period is not specified in the Order Form, the agreement shall continue until such time as it is terminated by either OnSky or the Customer giving to the other thirty days written notice.
2.4. OnSky shall supply the Services to the Customer during the term of the Agreement unless suspended or terminated in accordance with the Agreement.
2.5. Provision of the service

3. The Customer shall pay

The Customer shall pay to OnSky any invoiced amounts rendered including installation and/or initial set-up fees and ongoing charges in respect to the provision of the Service as follows:
3.1. The Customer shall pay the Charges by way of cash or cheque or such other method of payment as shall be agreed.
3.2. The Charges for the Service are payable by the Customer in the manner described in the Order Form.
3.3. After the initial term, the Charges may be reviewed by OnSky from time to time and such Charges, once reviewed, shall be the Charges payable by the Customer to OnSky for the provision of the Service for the period commencing 30 days after notification of the reviewed Charges.
3.4. The Customer is responsible for and will pay any charges generated as a result of any use of the Service accessed through the Customer’s identification or log-in whether used by or authorised by the Customer or an authorised User or not.
3.5. The Customer shall pay interest on overdue amounts at the Interest Rate, calculated daily and payable monthly.
3.6. The initial set-up fee is non-refundable.
3.7. If the Customer terminates the Agreement within the minimum contract period specified in the Order Form, OnSky reserves the right to charge the Customer the full amount of any minimum monthly fees and/or flat rate charges specified in the Order Form for the balance of the minimum contract period.
3.8. OnSky may pay a commission to any partner or agent who introduces the Customer to OnSky.

4. Conditions of Connection
4.1. The Customer must provide appropriate telecommunications software and hardware for Connection to OnSky’s network.
4.2. The Customer is responsible for payment of any costs associated with the data communications line (telephone line or similar link) used for Connection to OnSky’s network.
4.3. If payment of any Charges is overdue for 14 days or more OnSky may suspend provision of the Service. OnSky reserves the right to charge the Customer a fee for reconnection of the service.
4.4. OnSky may charge any reasonable expenses in connection with recovery of late payments including the costs of engaging a mercantile recovery agent.

5. Conditions of Service
5.1. The Customer shall adhere to the Rules in force from time to time.
5.2. OnSky may monitor or keep any records that it deems necessary referable to the Customer’s use of the Service.
5.3. The Customer shall not use the Service nor shall the customer permit the Service to be used:
5.3.1. in such a manner as may reasonably be expected by OnSky to impair the use of the Service by other customers of OnSky; or
5.3.2. for any activities of an illegal or fraudulent nature, including activities prohibited under the Telecommunications Act 1997 (Cth), the Copyright Act 1968 (Cth), the Privacy Act 1988 (Cth) or under other applicable Australian State and Commonwealth laws.
6. Network Security
6.1. The Customer shall be responsible for implementing and maintaining network security at the Customer’s site.
6.2. OnSky will at the Customer’s request endeavor to implement access restrictions to the Customer’s network via the Connection and in accordance with any Customer’s specifications approved by OnSky.
6.3. The Customer acknowledges that to the extent permitted by law OnSky does not make any representations or warranties concerning the fitness for purpose or effectiveness of any access restrictions or OnSky’s network security or the Customer’s network security.
6.4. The Customer acknowledges that OnSky’s network is not a secure and confidential method of communication and shall transmit data on OnSky’s network at its own risk.
6.5. Without being in any way liable so to do OnSky shall endeavor to ensure that all data transmitted on OnSky’s network is transmitted to the person to whom it is addressed.
7. Limitation of Liability
7.1. To the maximum extent permitted by law:
7.1.1. The use of the Service by the Customer (which includes the contents thereof and any storage or use of information) is at the Customer’s sole risk.
7.1.2. OnSky and its information providers, licensors, licensees, employees or agents do not:
7.1.2.1. Warrant that the Service will be uninterrupted or error free; or
7.1.2.2. Make any warranty as to the results obtained from the use of the Service.
7.1.3. The Service is provided on an “as is” basis and to the extent permitted by law without warranties of any kind, either
expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use.
7.1.4. Neither OnSky nor its information providers, licensors, licensees, employees, and agents nor anyone else involved in
creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential
damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty.
7.2. Where legislation implies in the Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in the Agreement. However, the liability of OnSky for any breach of such conditions or warranty shall be limited, at the option of OnSky, to one or more of the following:
7.2.1. if the breach relates to goods:
7.2.1.1. the replacement of the goods or the supply of equivalent goods; or
7.2.1.2. the repair of such goods; or
7.2.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
7.2.1.4. the payment of the cost of having the goods repaired; and
7.2.2. if the breach relates to services:
7.2.2.1. the supplying of the services again; or
7.2.2.2. the payment of the cost of having the services supplied again.
7.3. The Customer acknowledges that any electronic material (“material”) accessed by the Customer through the OnSky network is varied, and that OnSky will not be liable for or responsible to the Customer or any other person for the nature and content of that material, the Customer’s access to that material or the Customer’s use of that material.
7.4. The Customer hereby indemnifies and shall keep indemnified OnSky and its information providers, licensors, licensees, employees or agents in respect of any loss or damage, action, claim, suit, or proceeding suffered by or brought against OnSky and its information providers, licensors, licensees, employees or agents by any person:
7.4.1. in relation to or concerning any use of the OnSky network or the Service by the Customer or an Authorised User; or
7.4.2. as a result of the transmission of any illegal and/or fraudulent or offensive material by the Customer or an Authorised User; or
7.4.3. as a result of any breach of the Agreement by the Customer or an Authorised User; or
7.4.4. as a result of any willful, unlawful or negligent act or omission of the Customer or an Authorised User.
7.5. The provisions of this Clause will survive any termination of the Agreement.
8. Termination
8.1. OnSky may terminate the Agreement without notice upon the occasion of misuse or abuse of the Service by the Customer. What constitutes misuse or abuse of the Service is determined by OnSky at its absolute discretion.
8.2. The Agreement may be terminated forthwith at the option of OnSky:
8.2.1. if a Receiver, Receiver and Manager, Manager, Official Manager, Administrator, Provisional Liquidator, Liquidator or Trustee in Bankruptcy is appointed to all or any substantial part of the assets and undertakings of the Customer; or
8.2.2. if either party commits a material breach of its obligations made under the Agreement and fails or is unable to remedy that breach within 14 days after receiving notice from the other party requiring remedy of that breach; or
8.3. Upon the termination of the Agreement by either party OnSky will cease to provide Services to the Customer. The Agreement will thereafter be at an end but without prejudice to any accrued rights of either the Customer or OnSky under the Agreement.
9. Force Majure
9.1. Neither party shall be liable for any delay or failure to perform its obligations other than the Customers obligations to pay the Charges pursuant to the Agreement if such delay or failure is due to Force Majeure.
9.2. If a delay or failure of a party to perform its obligations is caused or reasonably anticipated by OnSky due to Force Majeure, the performance of that Party’s obligations may be suspended by OnSky.
9.3. If a delay or failure by a party to perform its obligations due to Force Majeure exceeds thirty (30) days, either party may immediately terminate the Agreement on providing notice in writing to the other party.
9.4. If the Agreement is terminated pursuant to this clause, OnSky shall refund any Charges previously paid by the Customer pursuant to the Agreement for goods or services not provided by OnSky to the Customer.
9.5. In the Agreement “Force Majeure” means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under the Agreement. Such circumstances shall include but shall not be limited to fire, storm, flood, earthquake, accident, war, labour dispute, materials or labour shortage other than the party’s own staff or staff under its control, law or regulation or act or omission of any third person (including without limitation Telstra Corporation Limited or any provider or related body corporate.
10. Miscellaneous
10.1. The Agreement shall be governed by the laws in force in the State of Queensland and each party hereto submits to the exclusive jurisdiction of the Courts of that State.
10.2. The Agreement shall endure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties.
10.3. These Terms and Conditions and the other documents comprising the Agreement constitute the full and entire understanding between the parties with regard to the Agreement. Neither the Agreement nor any term of it may be amended or any term waived except in writing signed by the parties.
10.4. The Customer agrees that OnSky may obtain access to, use and disclose information about the Customer, pursuant to the Privacy Act 1988 (Cth).
10.5. Goods and Services Tax (GST) - OnSky reserves the right to increase or decrease the charge for the Service to allow for the impact of a GST, consumption tax or similar tax imposed by any government from the date such tax is imposed, but is not obliged to do so.
10.6. All billing disputes must be lodged within 7 days of receipt of invoice.
10.7. The Customer shall pay interest on any overdue amounts at the Interest Rate, calculated on daily balances from the due date and payable monthly.
10.8. Ownership of equipment supplied by OnSky to the Customer or the Customer’s representative does not pass to the Customer until payment has been made in full.
11. Notices
All notices shall be in writing and shall be sent by hand delivery, post, facsimile or electronic mail to the parties at their addresses in the Order Form or to such other address as any party may specify to the other. A notice shall be regarded as having been given:
11.1. when delivered if sent by hand; or
11.2. the business day three days following posting if sent by post; or
11.3. the business day following the date of transmission if sent by facsimile; or
11.1. the business day following the date of transmission if sent by electronic mail.
12. Credit Clauses
Important Notice To Applicant(s) For Credit (Section 18(E)(1) Privacy Act 1988) Notice of disclosure of your credit information to a credit-reporting agency. (Privacy Act 1988) OnSky Pty Ltd may give information about you to a credit reporting agency, for the following purposes:
• To obtain a consumer credit report about you, and/or
• To allow the credit reporting agency to create or maintain a credit information file containing information about you.
information is limited to:
• Identity particulars - your name, sex, address (and the previous two addresses) date of birth, name of
employer, and drivers licence number.
• Your application for credit or commercial credit - the fact that you have applied for credit and the amount.
• The fact that OnSky Pty Ltd is a current credit provider to you.
• Loan repayments which are overdue by more than 60 days, and for which debt collection action has started.
• Advice that your loan repayments are no longer overdue in respect of any default that has been listed.
• Information that, in the opinion of OnSky Pty Ltd you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations).
• Dishonored cheques - cheques drawn by you for $100 or more which have been dishonored more than once.
• That credit provided to you by OnSky Pty Ltd has been paid or otherwise discharged. Period to which this understanding applies This information may be given before, during or after the provision of credit to you.
STATEMENT BY APPLICANT(S) FOR CREDIT
Please read carefully before signing. Where there is more than one applicant, each applicant must sign.

1. Giving information to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988) OnSky Pty Ltd has informed me that it may give certain personal information about me to a credit-reporting agency.
2. Access to Commercial Credit Information (Section 18L(4) Privacy Act 1988) I/we agree that OnSky Pty Ltd may obtain information about me/us from a business, which provides information about the commercial credit worthiness of persons for the purpose of assessing my/our application for consumer credit.
3. Access to Consumer Credit Information (Section 18K(1)(b), Privacy Act 1988) I/we agree that OnSky Pty Ltd may obtain a consumer credit report containing information about me from a creditreporting agency for the purpose of assessing my/our application for commercial credit.

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