You have asked Integrated Data Labs (in this agreement known as "IDL",
"IDL Internet", "our", "we" or "us")
to provide you with our Internet Service (the "Service"). The basis
for the provision of the Service by us, and your obligations in using this
Service are entirely set out in the terms which follow (the "Agreement')
together with our Acceptable Use Policy as varied from time to time.
It is a condition of using the Service that you comply with the terms
of this Agreement, so please read the following carefully.
This Agreement commences on the day of acceptance by us and continues
on a monthly basis.
You must not assign, sell, delegate, alienate, transfer or otherwise
dispose of your rights and obligations under this Agreement.
You agree to comply with all directions pertaining to the access and
use of the Service granted to you by us including, but not limited to, our
Acceptable Use Policy.
What we will provide
We will endeavour to provide the Service to you on a continuous basis
during the term of this Agreement. Should the Service not be available we will
inform you as soon as possible.
We will provide you with all login information required for connection
to the Service.
We may at our discretion, retain and assess any data or information
concerning your use of the Service.
We have no responsibility to provide training in the use of the Service
pursuant to this Agreement.
You are liable for all fees resulting from use of the Service accessed
through your login information. Any
charges or misuse of the Service is your responsibility and any such
occurrences should be immediately communicated to us.
Any invoices that we issue, will be deemed to be correct and prima
facie evidence of all connection, access, usage and other fees.
You will pay the charges at the rate and in the manner based upon the
Access Plan you have selected. Any
changes or modifications to the charges or terms and conditions of use of any
Access Plan will be notified by email and made available on our web site at http://home.idl.com.au.
We retain the right to vary or change these fees from time to time and
will give you 30 days written notice of any variations or changes.
If payment is to be made by credit card you agree to pay the fees via
the credit card, which will be debited automatically.
If the credit card number expires or we are otherwise not able to debit
valid fees from this credit card number, we may immediately and without notice
withdraw your access to the Service.
If payment is to be made by cheque, cash, postal note or electronic
funds transfer such payment must be made in advance of you being connected to
the Service and must be made within 7 days in respect of any on-going usage
If you dispute the whole or any portion of the amount claimed in an
invoice submitted by us, you must pay the portion of the amount stated in the
invoice which is not in dispute and must notify us in writing (within seven
days of receipt of the invoice) of the reasons for disputing the remainder of
If it is resolved that some or all of the amount in dispute ought
properly to have been paid at the time it was invoiced, then you must pay the
amount finally resolved together with interest on that amount in accordance
with the terms of payment for your selected Access Plan.
You must pay us interest on any amount due and not paid by you within
the time required by this Agreement at the rate of 10% per annum.
Invoices are sent via electronic mail to your default IDL Internet email address. Requests to send to a different e-mail address must be made by contacting our helpdesk. Requests for paper invoices will incur a charge of $2.20(GST inclusive) per mail out.
Monthly subscription fees are billed in advance while excess usage fees are billed in arrears. For accounts with minimum monthly charges, this amount is payable irrespective of the services being used or not. All usage charges are calculated from the first to the last day of every calendar month.
Dishonoured cheques or invalid credit card transactions will be automatically charged back to your account. A fee of $15.00(GST inclusive) is charged per dishonoured cheque.
Plan changes must be notified before the first day of each calendar month and can only be changed once each month. The change in plans and charges will only be effective from the first day of the next billing month. Any fees are payable for the remaining term of the previous plan. No pro-rata refund is applicable for change of plans. If we receive a change request on or after the first day of each calendar month, the change will become effective from the first day of the next billing month.
You must notify us of any refund request as soon as possible but in any event no later than 30 days after the date on which the reason for the refund request arose. All refund requests are to be investigated before it can be granted. The minimum turnaround of a refund request is 14 days. Approved refund requests will be refunded free of interest.
If your service has been suspended or terminated for any reason, we reserve the right to charge a reconnection fee before we will reconnect the account or lift the suspension.
The charges are exclusive of taxes, duties and charges imposed or
levied in Australia or overseas in connection with the supply of the Service.
Without limiting the foregoing, you will be liable for any new taxes,
duties or charges imposed subsequent to the date of this Agreement in respect
of the Service. Where you pay
charges in advance in the period in which the charges relate include a post 30
June 2000 component, then that component will be charged to include the GST
unless otherwise specified.
You authorise us to disclose your credit card information to and obtain
information from, any financial institution or credit card issuer to verify
your credit card details;
You authorise us to verify with your credit card issuer that you have
enough credit on your credit card to pay for the Service;
You authorise us to charge all fees incurred for the use of the Service
through your login information to your credit card;
If we do not receive payment from your credit card issuer or agent,
then you will pay us any outstanding charges within seven (7) days.
Acceptable Use Policy
You must abide by our Acceptable Use Policy as amended from time to
time. You may view a copy of our Acceptable Use Policy here.
What you must not do
You must not disclose to any other person, corporation, entity or
organisation any identification or login information, whether in use or not,
nor any other confidential information relating to the Service or IDL.
You release and indemnify us, our officers, employees and agents
against all actions, claims and
demands (including the cost of defending or settling any action, claim or
demand) which may be instituted against us as a result of a breach by you of
this Agreement or any wilful, unlawful or
negligent act or omission of your agents, employees or sub-contractors
or of any other person for whose acts or omissions you are vicariously liable.
You release and indemnify us against any action, claim or demand by
you, your servants, employees or agents or their personal representatives or
dependants arising out of the performance of this Agreement.
Except in relation to liability for personal injury (including sickness
and death), we will have no liability to you in respect of any loss or damage
(including consequential loss or damage), which may be suffered or incurred or
which may arise directly or indirectly in respect of goods or services
supplied pursuant to this Agreement or respect of the failure or omission on
the part of you to comply with your obligations under this Agreement.
Subject to Clause 8.3, any condition or warranty which would otherwise
be implied in this Agreement is excluded.
Where law implies in this Agreement any condition or warranty which can
not be excluded, our liability for any breach of such condition or warranty is
limited, at our option, to one or more of the following;
if the breach relates to goods;
the replacement, resupply or repair of the goods; or
the payment of the cost of replacing, resupply or repairing the
if the breach relates to services;
the supply of the services again;
the payment of the cost of having the services supplied again
Subject to 8.5, you warrant that you have not relied on any
representation made by us which has not been stated expressly in this
agreement or, upon descriptions, illustrations, or specifications contained in
any document including catalogues or publicity material produced by us.
You acknowledge that to the extent that we have made any representation
which is not otherwise expressly stated in this Agreement, you have been
provided with an opportunity to independently verify the accuracy of that
Terminating this Agreement
We may terminate this Agreement immediately by notice in writing if:
you have (or in our reasonable opinion) likely to have breached any
term of this Agreement including our Acceptable Use Policy;
you become or we consider you may be insolvent or you become subject
to any form of bankruptcy or external administration;
Either party may terminate this agreement by 30 days notice in writing
to the other party.
If we give notice under clause 9.1 or 9.2, we may, in addition to
terminating the Agreement:
repossess any of our property in your possession or control;
charge a reasonable sum for Services provided that have not been
be regarded as discharged from any further obligations under this
pursue any additional or alternative remedies provided by law; and
immediately upon giving notice remove or delete your login
information and e-mail messages.
Circumstances beyond control
Either party will be excused from performing its obligations under this
Agreement to the extent that it is prevented by circumstances beyond its
reasonable control, such as (but not limited to) acts of God, natural
disasters, acts of war, riots and strikes.
If these circumstances arise and remain for more than sixty (60) days,
either Party may immediately terminate the Agreement on providing notice in
writing to the other Party.
Notice and Applicable Law
Where this Agreement refers to a party giving notice, that means
written notice (including electronic text communications) delivered by hand,
facsimile or electronic mail.
The laws applicable to this Agreement are the laws of New South Wales,
failure on our behalf to enforce any clause of this Agreement will not be
construed as a waiver of our rights under this Agreement.
IDL Internet © 2000