This is the Standard Contract between the Customer/Applicant and e-wire for the Supply of Broadband Internet Services specified on the Application Form and applies to You as a user of the Service. The aim of this document is to ensure that You know both Your rights and obligations when using the Service as well as Our rights and obligations.
1. Application and Variation of the Contract
1.1. This Contract is the terms on which We provide the Service to You and supersedes any previous Contracts set by Us. Should any changes to this contract be made any time, notification will be given at least one month prior to the changes taking place through Your Default E-mail Address and posted on the front page of Our website. Any use of the Service after that publication will constitute an acceptance by you of that modification.
1.2. If we notify you of a proposed change that we consider detrimental to You, You may terminate the service provided you give Us at least 7 days written notice prior to the new agreement taking action. Under this clause, there will be no termination fee applied to contracts, however all equipment owned by e-wire must be returned.
2. Services
2.1. Service Plans
2.1.1. We will supply you with one of the following services as nominated by you:
2.1.1.1. Streamline – Speeds 512/256; Monthly download limit 1GB; Connection fee of $99 when no contract option selected; Monthly access fee of $32.50
2.1.1.2. XLR8 Streamline – Speeds 2,000/256; Monthly download limit 1GB; Connection fee of $99 when no contract option selected; Monthly access fee of $40.50
2.1.1.3. XLR8 Turbo – Speeds 2,000/256; Monthly download limit 20GB; Connection fee of $99 when no contract option selected; Monthly access fee of $50.50
2.1.1.4. Pro – Speeds 512/256; Monthly download limit 15GB; Connection fee of $99 when no contract option selected; Monthly access fee of $54.50
2.1.1.5. XLR8 Pro – Speeds 2,000/256; Monthly download limit 25GB; Connection fee of $99 when no contract option selected; Monthly access fee of $60.50
2.1.1.6. Ultimate – Speeds 512/256; Monthly download limit 50GB; Connection fee of $99 when no contract option selected; Monthly access fee of $67.50
2.1.1.7. XLR8 Ultimate – Speeds 2,000/256; Monthly download limit 60GB; Connection fee of $99 when no contract option selected; Monthly access fee of $72.50
2.2. Speeds
2.2.1. Advertised speeds are stated in kbps and are peak achievable Download and Upload rates.
Please also refer to additional information on speeds at the end of this Standard Form of Agreement.
2.3. Traffic Limits
2.3.1. Traffic is measured on the combined total of Your Downloads of all Traffic types. Once Your Download Limit is reached, Your Account, comprising all Traffic types, is placed on Cruise Control until the end of that calendar month.
2.3.2. We have made available an online usage monitor for Your convenience at http://usage.e-wire.net.au. Usage information will be updated at least once per day. It is Your responsibility to keep Your usage in check. We do not give you prior notification if you are close to reaching your Traffic Limit.
2.4. Continuity of Service
2.4.1. We do not take responsibility for any loss, damage, liability or expense resulting from the lack of continuous provision of Service.
2.4.2. E-wire cannot guarantee connection to any particular Internet site, however we endeavour to make the service available at least 99 per cent of the time, averaged over a quarterly period.
2.5. E-mail Capacity
2.5.1. E-mails sent and received through the e-wire network can be no larger than 8MB inclusive of Attachments and Encapsulation.
2.5.2. Sending an e-mail to multiple recipients has been limited to 35 at a time in order to control ‘Spamming’ on our network.
2.6. Monitoring
2.6.1. Where it is deemed necessary in order to comply with legal obligations, e-wire may monitor data access while transmitted by you while using the Service.
2.6.2. We may take any steps deemed necessary to comply with legal obligations under the relevant state or federal legislations, industrial code of practice or under directions of regulatory authorities or court order.
2.7. Changing of plan levels
2.7.1. Upgrading
2.7.1.1. To Upgrade Your account, You must provide a written request stating Your current account and the account You wish to upgrade to with authorisation to deduct the new amount from your nominated account if automatic payments have been arranged. You must also state whether You wish to be upgraded immediately or from Your next Billing Cycle.
2.7.1.1.1. To upgrade immediately, payment must be received for the difference between the two accounts for Your current Billing Cycle prior to the account being upgraded.
2.7.1.1.2. When upgrading from Your next Billing Cycle, You will be invoiced prior to the commencement of Your next Billing Cycle reflecting these changes.
2.7.1.2. Upgrading Your Account will not affect the length of Your Contract.
2.7.2. Downgrading
2.7.2.1. To Downgrade Your account, an administration fee of $25 is payable.
2.7.2.2. To Downgrade Your account, You must provide a written request stating Your current account and the account You wish to downgrade to with authorisation to deduct the new amount from your nominated account if automatic payments have been arranged. Your new nominated account will take effect from Your next Billing Cycle.
2.7.2.3. You will be invoiced prior to the commencement of Your next Billing Cycle reflecting these changes.
2.7.2.4. While under a contract, You may not downgrade to a lesser priced plan than the plan You were originally contracted to.
3. Billing
3.1. All prices quoted on Our promotional material are GST inclusive.
3.2. Notification will be given at least one month prior to the changes taking place through Your Default E-mail Address. Any use of the Service after that publication will constitute an acceptance by you of that modification. You may terminate the service provided you give Us at least 7 days written notice prior to the new plans taking action. Under this clause, there will be no termination fee applied to contracts, however all equipment owned by e-wire must be returned where the service has not been provided for a period of at least 18 months.
3.3. Account Payments
3.3.1. All accounts must be paid through Direct Debit or an accepted Credit Card only. E-wire has the right to decline any other types of payment.
3.3.2. We reserve the right to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details.
3.3.3. The initial payment is made in advance and must be cleared prior to the Account being activated for use.
3.3.4. All ongoing payments are payable in advance. Any additional fees and charges that might be incurred will be payable in Arrears. All Automatic Payments will be deducted in the first week of the payment period cycle.
3.3.5. We must be notified of any changes that are required to Your Automatic Payment details at least 7 day prior to Your next Billing Cycle.
3.3.6. If you remain suspended for an entire Billing Cycle period, You are still required to pay for the provision of the Service in that period. If payment for Services have not been received for 60 days, your account will be closed.
3.4. Additional Charges may apply in the following circumstances:
3.4.1. If incorrect account details have been given, sufficient funds are unavailable or changes to account details are not passed on to Us.
3.4.2. Where Your account is suspended for any reason under this agreement.
3.4.3. If automatic payments have not been selected, it is Your responsibility to pay all monies owing on Your Account by the due date. If payment has not been received, Your account will be suspended until full payment has been received.
3.4.4. Any expenses, cost, or disbursements incurred by Us in recovering any outstanding monies including dishonour fees, debt collection, agency fees or legal fees.
3.4.5. To re-activate a closed account, a re-connection fee will apply.
3.4.6. Sending out of hard-copy invoices
3.4.7. Failure of the customer to be sufficiently prepared for a professional install as per clause 6.
3.5. It is your responsibility to pay all monies invoiced by the due date, even if the charges are the result of unauthorised access to Your Service.
3.6. You may request Your account to be placed on hold for a minimum of 1 month, paying only for access to Your Webmail Service. Your Internet Service from this account will be Suspended for the time Your Account is on hold. A minimum of 7 days Written Notice is required prior to the beginning of Your next Billing Cycle.
4. Customer Responsibilities
4.1. The Account Holder must be 18 years of age or older.
4.2. If the Customer allows a person under the age of 18 to use the Service then the Customer is legally responsible for supervising that person’s usage particularly to ensure the suitability of content transmitted to and seen by that person.
4.3. It is the Customer’s responsibility to ensure that their computer meets the minimum specification to connect to the Service, including any Software and Hardware requirements.
4.4. The Customer must not connect any unauthorised equipment to the Service.
4.5. The Customer is asked to regularly check Their Default E-mail Address for any correspondence from Us about Your Service.
4.6. Security
4.6.1. e-wire will allocate a fixed User ID to the Customer.
4.6.2. The Customer agrees to keep their password confidential and acknowledges that it is liable for all charges associated with the Service resulting from the use of that password. e-wire assumes no liability for unlawful use of the Customer’s password even in the event of it being lost or stolen and in those circumstances the Customer agrees to immediately notify e-wire of such loss or theft. On application to e-wire the Customer may change their password at any time.
4.6.3. Unauthorised access of Your Service via an unprotected connection (including wireless interception) is the sole responsibility of the Customer. It is recommended that you take necessary measures to protect Your equipment and Service from unauthorised access.
4.6.4. The customer acknowledges that e-wire cannot fully protect Your computer, software and data from viruses and other malicious programs, it is therefore the Customers responsibility to take necessary preventative measures.
4.7. The Customer acknowledges that some material on the Internet may be offensive, inappropriate or unsuitable and agrees that e-wire has no responsibility whatsoever for such material. Additionally the Customer hereby agrees that in using the Service the Customer must not:
4.7.1. use the Service to commit any fraud, or undertake any illegal or unlawful or offensive activity or breach any Australian legislation, codes of conduct or standards established for the Internet Service Industry;
4.7.2. transmit, store or place on the Internet any content which is defamatory, offensive or of an obscene and menacing character;
4.7.3. place on the Internet or issue invitations to give directions (including hyperlinks) to illegal content or potentially illegal content;
4.7.4. disseminate computer viruses or other malicious programs
4.7.5. engage in conduct so as to interfere with or disrupt any other Internet users or service providers;
4.7.6. engage in sending unsolicited emails, spamming and advertising material;
4.7.7. talk about hacking or about breaching any laws, talk of or engage in any conduct that may contravene any e-wire Policy (including but not being limited to any Acceptable User Policy that we may have and our Privacy Policy) and any other Policies or Practice to which e-wire may subscribe from time to time including Codes of the Internet Industry Association of Australia; and
4.7.8. not engage in any unauthorised use of any material protected by patent, copyright, trademark or other intellectual property rights.
4.8. The Customer shall indemnify and hold harmless e-wire from and against any action, claim or loss that e-wire may suffer or may have brought against it as a result of the Customer breaching the Contract, including but not being limited to those listed in Clause 4.7.
4.9. Where Your continued use of the Service adversely affects the network, We reserve the right to suspend/control the Service.
4.10. Any persons that use Your Service have read and understand the Contract.
5. Our Responsibilities
5.1. Network outages may occur from time-to-time that may result in the Customer suffering from Downtime. In the case of scheduled maintenance outages, all Customers who may be affected will be notified through Their Default E-mail Address no later than 7 days prior to the scheduled outage, unless the scheduled outage is for emergency maintenance where You will be notified as soon as is practically possible.
5.2. Connection of Service
5.2.1. Given that all required cabling is completed and active, and we have received an application form from which payment has been successfully processed, connection to the Service will be provided within ten working days.
5.3. Outages
5.3.1. We will endeavour to restore Services resulting from a System-Wide Outage within 12 hours, a Community-Wide Outage within 24 hours and an Individual Outage within 48 hours of initial report.
5.3.2. Restoration of Services resulting from Outages, where possible will be kept within indicated times, but may vary in the event of exceptional circumstances.
5.4. If e-wire provides a Customer with a link to another web site or resource, e-wire will not be responsible for the content of those web sites or resources and e-wire makes no warranties or representations as to the accuracy of any information in or linked to its web site and assumes no liability or responsibility for any errors or omissions in content thereof. Additionally e-wire will not be responsible for the content or form of any information or data passed into the Internet in the provisions of the Service including any information which is defamatory, offensive, unlawful or unsuitable for people under 18 years or for any one in particular. Nor will it be liable for any damage to or viruses which may infect, contaminate or act to the detriment of any computer equipment or other equipment owned or utilised by the Customer.
5.5. e-wire provides the Service in accordance with its Privacy Policy which is available on request.
6. Installation
6.1. Where Self Installation is to be undertaken by the customer -
6.1.1. You should ensure that your computer meets the requirements set by e-wire including any hardware and software needed to use the Service.
6.1.2. That prior to installation, you have all original operating system installation media.
6.1.3. It is your responsibility to create a backup of all essential files in case of loss or corruption of data.
6.1.4. If you are having problems installing the CPE yourself, you may make use of our Support facilities as outlined in Clause 10.0
6.1.5. If you continue to have problems with installation of CPE after talking to Support, We may recommend that one of Our technicians performs a Professional Install, for which you will be charged standard rates.
6.2. Professional Install (Price on application):- prior to an e-wire technician arriving at the premises, You must ensure that:
6.2.1. Your computer meets the requirements set by e-wire including any hardware and software needed to use the Service.
6.2.2. Prior to installation, make sure that You have all original operating system installation media.
6.2.3. It is Your responsibility to create a backup of all essential files in case of loss or corruption of data.
6.2.4. The computer must be located within two (2) metres of the Data Point. If the computer is located at a further distance You must notify e-wire when booking a time with the technician so that they can prepare a longer connection lead. Non-standard connection leads will attract an additional charge.
6.2.5. It is Your responsibility to ensure sufficient power points for CPE are available.
6.2.6. a network connection is available to all computers, including an operational network card in each computer.
6.2.7. sufficient sets and length of network cable (CAT 5) is provided.
6.4. Where we specify a time for your installation, we will try to keep to the specified time, but we cannot be liable for any loss or damage you suffer if we fail to do so.
6.5. Where an installation cannot be performed due to the failure of the Customer to provide the above, an additional charge may be made.
7. Commencement of the Contract and the Service
7.1. The Contract is active from the date the Application Form is signed. E-wire may deduct any initial setup costs including the cost of the Service over the initial Billing Period between the activation of the Contract and the commencement of the Service.
7.2. The provision of Service will commence once all of the following criteria have been met:
7.2.1. Cable infrastructure has been installed and tested OK.
7.2.2. The Application Form has been completed fully and accurately.
7.2.3. Payment of the initial setup costs including the cost of the Service over the initial Billing Period has been successfully processed.
7.2.4. You have received/collected the CPE from e-wire.
8. Abuse Procedures will be commenced by
8.1. giving an unauthorised person the Customer’s account and password details;
8.2. deliberately or recklessly disrupting e-wire’ Service or activities, or engaging in any activity likely to disrupt the same, either deliberately or not;
8.3. engaging in spamming;
8.4. misusing access to the Internet in a manner identified in writing by a competent law enforcement official as unlawful;
8.5. using access to the Internet to menace or harass others;
8.6. behaviour that results in the disruption of other people’s access to the Internet or their enjoyment thereof, including but not being limited to computer viruses, email bombardment and damage to Internet-connected resources and channel flooding;
8.7. using access to the Internet to unlawfully obtain access to other networks.
9. Suspension or Termination of Service
9.1. by User
9.1.1. The User can terminate the account at any time, providing You provide Us with Written Notification at least 7 days prior to the next Billing Cycle.
9.1.2. If an account is closed while still in contract, termination fees will apply.
9.1.3. Any pre-paid fees for Services are non-refundable on termination.
9.1.4. In some cases a cooling off period is required by law. If You are covered by a cooling off period, you may terminate the Service without penalty if you provide Written Notification to e-wire within the timeframe allowed from the commencement of the SFoA.
9.2. by e-wire
9.2.1. Any breach of the Contract, As opposed to termination, e-wire may choose to suspend the Service for such period it determines.
9.2.2. e-wire supports the right to privacy and the laws that support privacy in all forms and it strictly prohibits the sending of unsolicited mass messages of any kind or any other e-mail forms. We will terminate the account of any member who uses “spamming” techniques to solicit referrals and who does not remove a recipient upon being requested to do so by that recipient.
9.2.3. If e-wire suspends Your Service for any breaches under this agreement, you shall remain liable for all charges due throughout the period of suspension. A fee may apply.
9.2.4. Upon the death of the Account holder, the account shall be deemed terminated.
9.2.5. If e-wire terminates an account whilst in contract, a termination fee may be applied if termination is resulting from the misuse of the Service.
9.3. If the account is terminated, You remain liable for all charges payable under the agreement in respect of the provision of services from the time of termination to the end of the Billing Cycle or Contract Period.
10. Ownership and Use of the Equipment and Facilities
10.1. The e-wire Broadband Network is an important part of our ability to provide you with the Service. This means that we need to make sure that the Broadband Network remains our absolute property at all times. The boundary of our Broadband Network is the output of the NIU installed at the Premises.
10.2. Internet connections can only be made to Data Points installed by e-wire authorised installers.
10.3. All new CPE provided by e-wire is covered by a 12 month limited warranty.
10.4. All CPE provided by e-wire remains the property of e-wire until completion of 18 months of service provision. If the Customer terminates their account prior to the service being provided for 18 months, the equipment must be returned to e-wire. Standard termination fees apply, equal to half that of the contracted plan level, over the remaining unpaid months of the term. Any remaining paid months that have not been used will be forfeited.
10.5. All CPE owned by e-wire, including but not limited to loan stock and ITP’s, must be maintained in good condition and repair. e-wire will, at all times, retain ownership of this equipment. e-wire may charge the Account Holder any reasonable costs incurred for repairing or replacing the equipment if damaged, lost or stolen.
11. Internet Support Facilities
11.1. We provide You with an Internet support service from 7AM-11PM 7 days per week, year round. Support hours are liable to change at any time. If e-wire deems these changes as detrimental to you, you will be notified through Your Default E-mail Address.
11.1.1. If you are experiencing any difficulty with your access, you can contact support:
11.1.1.1. By phone on 1300 135 231
11.1.1.2. By E-mail on support@e-wire.net.au
11.1.1.3. Via webmail through www.e-wire.net.au (contact us)
11.1.1.4. By Fax on 08 9249 8858
11.1.2. We encourage you to make use of this free service for genuine service issues. As our support technicians are trained to solve broadband Internet issues, we ask that you acknowledge that:
11.1.2.1. We cannot offer support for networking multiple PC’s;
11.1.2.2. We cannot offer support for general software issues;
11.1.2.3. We cannot offer support for general hardware.
11.2. In an effort to control spam, e-wire constantly monitors and excludes known spam ports. In addition, e-wire provides spam monitoring facilities such as SPAMcop. This does not prevent all spam from being received, however it does reduce the sheer amount of spam to your mailbox.
12.3. Termination of an e-wire service
12.3.1. We do not place any restriction on termination by a Customer of an e-wire service. You, the Customer are only bound by your Contract with us, your service provider as would be the case with any other commercial arrangement.
13. Complaints Procedure
13.1. If you wish to lodge a complaint about our services or associated matters, you may contact us via e-mail, post, phone or fax, or via our online complaints form.
13.2. If you are dissatisfied with the outcome of your complaint, you may request to have your complaint escalated to be dealt with by a manager.
13.3. As a last resort, you can lodge a complaint through the Telecommunications Industry Ombudsman (TIO), which you can lodge online at http://www.tio.com.au.
14. Force Majeure
14.1. If the either Party is unable, as a result of Force Majeure, to carry out their obligations under this Agreement, they shall give the other Party prompt written notice of the occurrence and particulars of the act, event or cause constituting the Force Majeure and, in so far as known, the probable extent to which it will be unable to carry out, or be delayed in carrying out its obligations and thereupon will not be required to carry out such obligations for the period provided the Party has used all possible diligence to overcome or remedy the Force Majeure as quickly as possible.
15. Proper Law And Jurisdiction
15.1. The laws in Western Australia shall govern this Agreement and the parties submit to the non-exclusive jurisdiction of the Courts of that State.
Speed clarification note for clause 2.2.1 – users can expect to obtain speeds of between 512kbps and 2,000kbps 90% of the time, based on network tests conducted in March 2010. Different speeds will be obtained at different times, depending on backhaul capacity, the number of customers sharing the local connection, the number of customers using the network at a particular time, the customer’s hardware and software, general internet congestion and the site the customer is trying to download.
Definitions - SFoA for General Applicants
Agreement
Your SFoA, Your Application or Bundling contract if required
Attachments
Any files or documents that are attached to an e-mail
Billing Cycle
The Customer’s selected billing period option (monthly, quarterly or annually)
Community-Wide Outage
An outage that results in downtime, affecting an entire e-wire community.
CPE
Consumer Premises Equipment (eg. Modems, Routers, Wireless Equipment, etc).
Cruise Control
Where the connection speed is reduced to simulated dial-up speeds.
Data Point
An approved e-wire wall point for the connection of Customer Premises Equipment for the provision of Broadband Internet Services.
Default E-mail Address
The e-mail address that you have specified to be the main e-wire e-mail address.
Defined Abuse
means misuse of Service and access to the Internet as per Clause 8.0
Direct Debit
A payment method by which You authorise Us to deduct a set amount every Payment Period directly from your nominated bank account.
Download
Any data that is received by your computer from the Internet
Downtime
The period in which a customer cannot gain access to the Service due to network outages.
e-wire, Us, Our
e-wire (a division of Broadcast Engineering Services (Australia) Pty Ltd – ABN 29 066 971 533)
Encapsulation
Coding and encryption of your e-mail when sent.
Force Majeure
means any act, event or cause beyond the reasonable control of the party concerned including, but not limited to, acts of God, perils of the sea, war, sabotage, riot, storm and tempest, earthquake, landslide, explosion, strike and other labour difficulties (whether or not involving employees of the party concerned) or failure of the internet or world wide web.
General Traffic
All traffic that is not classified as Local or Internal Traffic.
Individual Outage
An outage that results in downtime, affecting an individual premises or street.
Internal Traffic
All traffic that does not leave the e-wire network.
ITP
Information Technology Package available to selected communities.
kbps
kilobits per second
Local Traffic
All traffic that travels through the WAIX network.
NIU
Network Interface Unit.
Outage
The inability to deliver the Service.
Premises
The physical address where the Service is connected.
Spamming
Spamming is the unsolicited and unauthorised sending of messages of any kind to businesses and people who do not know you personally and have not agreed to receive your messages.
System-Wide Outage
An outage that results in downtime, affecting the entire e-wire Internet network
Traffic Limits
The total allowable data transferred through your account over a calendar month
Upload
Any data that is sent by your computer to the Internet
WAIX
Western Australian Internet eXchange. Information on the WAIX network is available from www.waio.org.au.
Written Notification
Acceptable Written Notification is e-mail, fax or registered mail
You, Your, Customer, Applicant
The account holder as stated on application.
Direct Debit Agreement
1. Debiting your account
1.1 By signing a direct debit request, you have authorised us to arrange for funds to be debited from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the direct debit request.
1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day.
If you are unsure about which day your account has or will be debited you should ask your financial institution.
2. Changes by us
2.1 We may vary any details of this agreement or a direct debit request at any time giving you at least fourteen (14) days’ written notice.
3. Changes by you
3.1 Subject to 3.2 and 3.3, you may change the arrangements under a direct debit request by contacting us on 08 9248 7000.
3.2 If you wish to stop or defer a debit payment. You must notify us in writing at least fourteen (14) days before the next debit day. This notice should be given to us in the first instance.
3.3 You may also cancel your authority for us to debit your account at any time by giving us twenty eight (28) days notice in writing before the next debit day. This notice should be given to us in the first instance.
4. Your obligations
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow debit payment to be made in accordance with the direct debit request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) You may by charged a fee and/ or interest by your financial institution.
(b) You may also incur fees or charges imposed or incured by us; and
(c) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
4.3 You should check your account statement to verify that the amounts debited from your account are correct.
4.4 If BES is liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay BES on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
5. Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 08 9248 7000 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
5.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
6. Accounts
You should check:
(a) With your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institiutions.
(b) Your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) With your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
7. Confidentiality
7.1 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
(a) To the extent specifically required by the law; or
(b) For the purposes of this agree,ment (including disclosing information in connection with any query or claim).
8. Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to 17 Millrose Drive, Malaga, 6090.
8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
Definitions - Direct Debit Agreement
Account
means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
Agreement
means this Direct Debit Request Service Agreement between you and us.
Banking day
means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
BES
Broadcast Engineering Services (Australia) ABN 29 066 971 533
Debit day
means the day that payment by you to us is due.
Debit payment
means a particular transaction where a debit is made.
Direct debit request
means the Direct Debit Request between us and you (and includes any Form PD-C approved for use in the transactional period).
Transitional period
means the period commencing on the industry implementation date for Direct Debit Request (currently 31 March 2000) and concluding 12 calendar months from that date.
‘Us’ or ‘we’
means Broadcast Engineering Services (Australia) Pty Ltd, (The Debit user) you have authorised by signing a direct debit request.
‘You’
means the customer who signed the direct debit request.
Your financial institution
is the financial institution where you hold the account that you have authorised us to arrange to debit.
Privacy Policy
Broadcast Engineering Services (Australia) Pty Ltd ABN 29 066 971 533 (BES) and its associated operating divisions, respects and is committed to protecting the privacy of its clients and customers. This Privacy Policy lets you know how personal information may be collected, processed and used by BES. BES will ensure that any personal information it may collect is only used as set out in this Privacy Policy.
BES is subject to the National Privacy Principles in the Privacy Act 1988 (Commonwealth). These National Privacy Principles aim to ensure that organisations such as BES that hold information about you handle that information responsibly.
The National Privacy Principles are also designed to give you a degree of control over the way information about you is collected, stored and used.
1. Collection of Information
BES may collect personal information from you when you subscribe to various services and when it provides these services to you. Matters such as name, address, telephone number are essential for BES to properly provide its services to you.
It may also from time to time collect additional information such as relating to your lifestyle, taste and marketing preferences, occupational category and income bands.
We usually collect personal information directly from you although sometimes we may collect the information from the pages within out network which you visit and which you click on.
2. Use of Information
BES uses your information to provide its services and goods to you and to better respond to the services and goods that you may want. This includes fulfilling administrative functions associated with those services such as billing and the provision of information.
Your information may be aggregated with others from time to time and provided to third parties on a “non user specified” basis, ie the information will not identify individual users. BES reserves the right to share this aggregate information with others.
Where BES wishes to provide your particular personal information to other parties it will not do so without your consent. A consent previously given may be withdrawn by contacting us.
BES may also aggregate your information with others for the purposes of statistical compilation and general analysis. This aggregated information may be provided to others as a summary report for marketing, advertising or research purposes. Such information would be provided on a “non specific” basis, ie in such a manner that you and others cannot be identified.
3. Quality and Security
BES will take reasonable steps to make sure personal information it collects, is accurate, complete and up to date and is protected from misuse, loss or unauthorised use, modification or disclosure. It will use a variety of technical security measures to ensure this is done.
As you will be aware, no data transmission over the Internet can be absolutely guaranteed to be totally secure.
4. Access to Personal Information
If you request us we will let you know what personal information we hold, for what purpose we are holding it and how we collect it. BES will correct any information it holds that may be out of date or not accurate.
5. Cookies
Cookies are data/information sent to your browser from a web site, which is stored on your hard drive for record keeping purposes. It assigns a unique identification number to your computer allowing us to track usage patterns and to compile data in an aggregated and “non user” specific form enabling us to improve our content and target advertising.
Cookies do not damage your system and if you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature.
BES may have commercial relationships with other entities allowing visitors to BES’s sites to link directly to sites operated by those parties. Whilst these sites may not be operated by or on our behalf they may collect personal information from you which would be shared with us, however any information we obtain will be held and dealt with strictly in accordance with this Privacy Policy.
BES cannot be responsible for the content or practises of web sites operated by third parties that may be linked to our sites. Such links are for your convenience and do not constitute sponsorship, endorsement or approval of the content, policies and practises of those sites.
6. Other Matters you should be Aware Of
You should use passwords to access your computer and remember to close your browser down when you have finished a session. This is important if you are sharing a computer or using one in a public place. You will need to appreciate whenever you volunteer personal information over the Internet this is information that is capable of being collected and used by others.
You need to be conscious of this and be careful at all times and whilst most reputable companies use the Internet to transact business endeavour to maintain security, no data transmission over the Internet can be absolutely guaranteed – much the same way as a telephone conversation or the general postal system.
7. Comments to BES
If you are concerned as to any aspect of BES’s Privacy Policy and its relationship with you please feel free to contact us with your concerns.