GENERAL TERMS AND CONDITIONS

FOR LIZZY, LIZZY HOSTING AND
AUSTRALIA ON LINE PTY LTD

SERVICES

• Australia On Line Pty Ltd ACN 064 289 925 trading as Australia On Line Pty Ltd, Ozonline, Lizzy or Lizzy Hosting (the Provider) offers communication services (the Service) to you (the Customer) according to these Terms and Conditions and according to further terms as specified in the Service's Schedule and Service Request which collectively will be known as the Agreement.
• Where these Terms and Conditions, Service Schedule and Service Request contradict one or the other in any respect then the provisions of the Service Request will take precedence over the Service Schedule and the provisions of the Service Schedule will take precedence over these Terms and Conditions.
• The Service may include one or more of :-
  1. Connection to the Internet,
  2. Email dispatch, email collection,
  3. Web hosting,
  4. Junk email filtering,
  5. Internet domain registration,
  6. Internet domain delegation.,
  7. Telephone line rental, local telephone calls
  8. Telephone pre-selection of long distance and calls to mobiles,
  9. Voice over Internet Protocol (VoIP) call collection and termination,
  10. Virus scanning.

SERVICE REQUEST

• The Provider shall only make Services available to you after receiving and accepting a Request for Service from you.
• The Provider may in their sole discretion decline a Request for Service.
• The Request for Service records your particulars and identifies the Service you've requested and enumerates any equipment you agree to purchase including any associated postage charges and describes the Minimum Term you've selected.
• A Request for Service shall be made by a method approved by the Provider, including on an approved application form or via the Provider's web site or via phone to the Provider.
• The material particulars of your Request for Service shall be transcribed by the Provider into the Provider's customer database which shall constitute the enduring and authoritative record of your Request for Service.

MINIMUM PERIOD

• The Minimum Period or contract term is the minimum period you agree to purchase the Service. Where a Service Request does not specify the Minimum Period or where the Service is described as having no contract term, the applicable Minimum Period shall be one Billing Period.

BILLING PERIOD

• The Billing Period for each Service is specified in the Service Schedule. The Billing Period is the maximum period that will elapse between fees being levied for a given Service and is the period of time those fees relate to.
• The Provider may charge fees as multiple installments within a Billing Period where the Provider believes there is a higher risk of customer default as long as the Provider charges no more during the Billing Period than would otherwise be the case with a single levying of fees.
• A Billing Period may be a Calendar Billing Period or Anniversary Billing Period. Calendar Billing Periods begin on the first day of a month irrespective of which day of the month the Service was commenced. Anniversary periods begin on the day the Service is activated and further periods begin on the same day of a month on which the Service was initially activated.
• Calendar Billing Period or Anniversary Billing Period may be monthly, quarterly, yearly or two-yearly.
• Where a Calendar Billing Period applies to a Service, the first Billing Period will be a short Billing Period being from the inception of the Service to end of the first Calendar Billing Period and consequently the Provider will adjust the fees applicable to the first Billing Period as required to reflect the shorter initial Billing Period.

AGREEMENT TERM

• You agree to purchase the Service until the end of the term of this Agreement.
• The term of this Agreement is from the commencement of the Service to the end of the Minimum Period.
• At the expiration of this Agreement's term the term shall be automatically extended to the end of the next Billing Period until such time as the Service is cancelled by a means approved by the Provider.

TERMINATION

• The Provider may terminate this Agreement and hence the Service at any time without notice to you and without the Provider incurring any liability or damages whatsoever.
• Without limiting the generality of the previous paragraph, the Provider may terminate this agreement immediately for reasons that include, but are not limited to, where the Provider has reason to believe that the Service is being used to violate a third party's copyright or the Service is being used to send junk email or the Service is being used for illegal purposes or where in their sole discretion the Provider believes you are making unreasonable use of the Service or in such a fashion or to an extent that is likely to adversely impact the Provider's network, facilities or other customers.
• You may terminate this Agreement, cancel, by notifying the Provider of your intention to cancel the Service by a means approved by the Provider. In particular notification of cancellation to the Provider shall be via facsimilie to 03 9686 1052 or via the web page www.cancel.lizzyhosting.com.au whereupon a Cancellation Confirmation number will be issued to you. This Cancellation Confirmation number is the sole authoritative means of demonstrating that you cancelled this Agreement and hence the Service and thereby revoked your commitment to purchase the Service. Termination shall take affect at the end of the Billing Period in which notification occurred.
• Without limiting the generality of the previous paragraph, cancellation of the Service does NOT occur by you failing to pay fees be it by repudiating the transaction at their financial institution or by canceling a direct debit authority or by canceling their credit card or by allowing the credit card information held by the Provider to expire or by any other failure by you to pay fees to the Provider.
• Financial institutions do not necessarily communicate with merchants in a timely fashion and as such you will continue to accrue liability for fees until such time as the Provider is notified of your intention to cancel by a method approved by the Provider.
• Where you assert that you have cancelled and this is disputed by the Provider, the sole authoritative proof of your cancellation is the Cancellation Receipt number provided by cancelling at www.cancel.lizzyhosting.com.au.
• For avoidance of doubt, you agree to continue purchasing the Service and agree to be liable to pay all fees as described in the Service Schedule and Service Request, irrespective of whether you make use of the Service or not, until the end of the Billing Period in which you terminate this Agreement and hence terminate the Service.
• Where the Service Request specifies a Minimum Term or contract term and you request the Service to be terminated prior to the expiration of such a term, you will be obliged to pay an early termination fee as specified in the Service Schedule or Service Request.

FEES

• You accept liability for the payment of all fees, including Setup Fees, Access Fees, Minimum Fees and Usage Fees, incurred in relation to the Service, irrespective of whether such fees arise from usage that is authorised by you or not.
• A Minimum Fee or Access Fee is a fee payable in recognition that the Provider has made the Service available for use by you during the applicable Billing Period irrespective of whether you have actually made any use of the Service during the Billing Period or not. A Minimum Fee is levied in advance at the beginning of the Billing Period
• Minimum Fees billed according to a Calendar Billing Period are calculated pro-rata such that if you join part way through a Billing Period you will only be charged for that part of the Billing Period that remains and the next full Calendar Billing Period. Thereafter you will only be charged Minimum Fees for 1 Billing Period at the beginning of the applicable Billing Period.
• Any Minimum Fees paid in advance are not refundable unless a money back guarantee is in force for the particular service and you request such a refund within the required validity period from registration with the Provider.
• A Usage Fee is a fee that varies according to usage and is calculated on the basis of volume, duration or quantity and is levied at the end of the Billing Period, or more specifically at the beginning of the Billing Period following the Billing Period in which the usage occurred..
• An Upfront or Setup Fee is a fee payable once prior to the activation of the Service.
• If a Service cannot be provisioned by the Provider then any Upfront fees shall be refunded in a timely manner.
• Fees are payable by you to the Provider by a payment method approved by the Provider.

DIALUP SERVICE

Where the Service includes a dial-up Internet connection :-

• Where the Service includes Dial-up internet access, you accept that you are responsible for paying all telephone call charges incurred in dialing the Provider's access numbers.
• You acknowledge that the Provider has an 0198 access number that is charged as a local call by phone companies. Some accommodation providers such as hotels may impose non-local call tariffs on 0198 access numbers. The Provider also has some non-0198 numbers that are only charged as a local call in specific geographical areas. You agree that it is your responsibility to ensure you are informed of the call charges that will be levied as a result of you calling the Provider's access numbers and you agree that you accept all responsibility for the payment of these charges.

ADSL SERVICE

Where the Service includes an ADSL Internet connection :-

• You accept that ADSL is not available in all areas nor over all phone lines and that the Provider is not liable beyond the refund of Upfront Fees and Minimum Fees paid pursuant to the unsuccessful ADSL application.
• You acknowledge that service difficulties should be reported to the Provider and not to Telstra and should you contact Telstra in relation to the Service and that the Provider incurs fees as a result then the Provider will in turn levy fees on your account in order to recoup such costs. ($ per such contact with Telstra).
• Where you report a fault and Telstra determine that the fault is under your control including but not limited to incorrect configuration of line filters, malfunctioning equipment owned by you, or poor telephone wiring on your premises, faulty plugs, or faulty extension cords and should Telstra levy an incorrect call out fee then the Provider will recoup such fees from you.
• Your chosen Service may be subject to speed reductions at the expiration of a data quota or at times of peak network utilization as described in the Product Description..
• Where the Service has a peak and off peak download quota, peak time refers to to AEST and off peak refers to to AEST. When a peak quota is exceeded then the Service will be slowed during peak times. When an off peak quota is exceeded then the Service will be slowed during off peak times.
• Postage and handling for modems and/or ADSL filters purchased from the Provider is $ (gst inc).

WEB HOSTING SERVICE

Where the Service includes web space or a web hosting service:-

• You agree that you are responsible for ensuring that all copyright material made available, by you or others, from the Service has the authorisation of the copyright owner and futher you agree not to link to or other wise publicise or promote the distribution of copyright material without the authorisation of the respecitve copyright owners.
• You agree that you are responsible for downloading backups of your web site and in the event that you fail to keep an up to date backup of your web site and that that data is lost you agree you have no claim against the Provider irrespective of whether the loss of data is the fault of the Provider or not.

MAIL SERVICE

Where the Service includes email facilities including email lists :-

• You understand that the sending of SPAM is illegal in Australia agree not to send unsolicited commercial email using the Provider's Service.

DATA SECURITY

• You agree to keep confidential information such as passwords and will immediately notify the Provider in the event such information is disclosed.
• You acknowledge that they are connecting to an insecure public network (the internet) via the Provider and you acknowledge that the Provider is not responsible for any losses or damage that you may experience as a consequence of connecting to the Internet.
• You agree that you are responsible for ensuring the security of your own computer systems and acknowledge that the Provider is not responsible for preventing attacks upon your systems and the Provider is not responsible for preventing the transmission of malevolent code such as viruses to your computers even when such attacks occur via the Providers facilities.

NOTICES

• The Provider relies upon email as its primary means of communication. The Notification Address is the email address advised by you as part of their Request to Service or as further notified by them at a latter date. Where you have not advised the Provider of a Notification Address the Notification Address shall be that of any email box provided to you as part of the Service. It is your responsibility to ensure that the Provider has a Notification Address that will allow notices to be received by you in a timely fashion. Notices will be deemed to have been received 24 hours after dispatch by email to the Notification Address.

NO WARRANTY

• You acknowledge that the Service is not guaranteed to be error free and is not guaranteed to be without interruption. You agree that the Provider is not liable for any disruption or interruption to the provision of the Service. Where this limitation of the Provider's liability is held to be invalid, the Provider's liability will be restricted to the re-supply of the service or to the aggregate fees received by the Provider from you in the Billing Period during which the liability arises.

INDEMNITY

• To the extent permitted by law the aggregate liability of the Provider to you in connection with this Agreement (whether in contract, tort including negligence, under statute or otherwise) in respect of any loss or damage (including consequential loss or damage) is limited to the fees received by the Provider in the Billing Period during which the liability arises.
• You agree to indemnify the Provider and hold the Provider harmless from any damages whatsoever to you or to any third party/s as a result of your use of any service provided by the Provider to you or as a result of any act or omission by the Provider, its employees or agents.
• You acknowledge that the Provider does not and can not exercise control over what content is accessible via the Internet and hence via the Provider's Service and you acknowledge that there is content accessible on the Internet which is unsuitable for children.

PRIVACY

• We need to use your personal information so as to provide services to you. We also use this information, including the phone number you call from to access our services, for fraud prevention, billing, call management, and credit control. We may also obtain and provide credit information about you (subject to the requirements of Part IIIA of the Privacy Act) to or from a credit provider or credit reporting agency to make a decision about whether or not to provide credit to you and to update your credit information file with a credit reporting agency. We will not otherwise share your information unless directed by a court or subject to a subpoena or otherwise subject to a lawful request from government or law enforcement agencies.
• The Provider will maintain records of your usage.

MISCELLANEOUS

• You agree that the Service is not to be resold except by written permission of the Provider.
• You agree to permit the Provider to send you electronic and non-electronic information from time to time including information of a promotional nature.
• The Provider may vary this agreement from time to time such that you are not materially disadvantaged by the variation or in the event that you are materially disadvantaged you will be able to elect to terminate the Agreement irrespective of whether a Minimum Period applies and without incurring a financial penalty for doing so.
• Where any part of the Agreement is held to be unlawful such parts will be severed from the Agreement in so far as is necessary for the remainder of the Agreement to be permitted by law.
• This agreement shall be governed by the law in the State of Victoria, Australia.

SERVICE SCHEDULES

Only Aust. pages?