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Terms and Conditions1.0 Service Agreement1. barekoala agrees to provide Internet Access to the User for the period stated on the Product Specification Form for the Regular Payment stated therein together with the Additional Payments defined therein.2. The Internet Access shall be personal the User. 3. The User agrees to pay the Regular Payment and any Additional Payment as set out in the Product Specification Form. The Regular Payment shall be charged and any Additional Payments shall fall due on the expiry of the first period of pre-paid Internet Access and at the conclusion of each period pre-paid thereafter. 4. The Special Conditions and payments under this agreement are subject to change. barekoala shall give not less than 30 days' notice to the User of any changes. In the event that the Internet Access is substantially limited by such changes, the User shall be entitled to close the account and to receive a pro rata refund of any prepayments for Internet Access paid prior to the User being notified of the changes. 5. If the User has nominated periodic payments by credit card, debit authority or similar method then payments of the Regular Payment and any Additional Payment shall be drawn against the User's authority unless the User terminates the payment method by 14 days' notice to barekoala. 6. The Internet Access will be continuous available subject only to downtime for maintenance and in the event of circumstances beyond bare koala's control. barekoala shall not be liable for compensation to the User for any loss or damage suffered by the User as a result of downtime. 7. barekoala may suspend Internet Access for up to 24 hours while investigating any complaint of criminal behaviour and shall monitor or limit the User's Internet Access as required by direction of a competent law enforcement official. 8. Advice, software and information given by barekoala is given in good faith but is not provided as a condition of this agreement. barekoala shall not be responsible for loss occasioned by the User in reliance thereof. 9. barekoala shall not be responsible for backup and storage of the User's data and is not liable for loss occasioned by the User in reliance thereof. 10. The Internet Access shall be subject to the Account Limitations as listed on the Production Specification Form or on the web page address referred to therein. 11. If the Regular Payment and any applicable Additional Payments are not paid to barekoala by the due date, then barekoala may cease to provide the Internet Access whereupon Disconnection will occur. 12. Disconnection will occur in the event a User's nominated payment method is refused or dishonoured by the User's nominated financial institution. 13. The User on the giving of 30 days' written notice to barekoala may terminate this agreement. The User may apply for a pro rata refund of any pre-paid Internet Access charges, but barekoala will have the right to levy a reasonable fee for any costs incurred as a result of the early termination of this agreement including charging for the period of pre-paid Internet Access at the rates appropriate for the limited period actually used. 14. This agreement may be terminated by barekoala on 7 days' notice to the User whereupon the Internet Access shall be Disconnected; or in the event of the User committing Defined Abuse in which case the Internet Access may be immediately terminated under Abuse Procedure. 15. In the event the User's Internet Access is terminated under Abuse Procedure, barekoala will have the right to levy a reasonable fee for any costs incurred as a result of the Defined Abuse. 16. The forbearance on the part of barekoala from terminating Internet Access on the first date barekoala is entitled to do so shall not constitute any waiver of bare koala's rights to maintain strict time limits for payment and insist upon standards of User behaviour pursuant to this agreement. 17. barekoala shall protect the privacy of the User and expressly informs the User of the privacy rights conferred by Part 13 of the Telecommunications Act 1997 (Commonwealth). barekoala shall ensure that the User's full name and password, payment details, personal details and contact details are not disclosed to third parties except as specifically permitted or required by law. 18. The User hereby indemnifies barekoala against any liability for damages or costs of technical or legal services arising from any Defined Abuse by the User's of the Internet Access provided by barekoala. 19. The User shall choose a secure password and ensure that this password is not disclosed to any unauthorised persons. 20. The User is aware that the Internet contains material that is unsuitable for children and some material that may be unlawful for children or adults to view, possess or transmit. The User undertakes to adequately supervise use of the Internet Access by minors. 21. The User is aware that Australian laws prohibit certain types of material from being viewed, possessed or transmitted via the Internet. The User acknowledges that barekoala has no control over the accuracy or appropriateness of material accessed over the Internet and that it is the responsibility of the User to comply with applicable laws. 22. The User and barekoala agree that the laws of Western Australia shall govern this agreement. 23. Disconnection may occur after 4 hours of online time if services are experiencing congestion. This may occur during peak periods. 24. Disconnection may occur if the dialup connection is left idle for more than 20 minutes. Product Specification Form
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