Definitions
"Diggy" refers to Diggy Australia Pty Ltd or it's subsidiaries.
"Client" refers to the signatory or their associated business. The signatory must be the telephone line account holder or an authorised representative.
"Service" refers to the Internet access service provided by Diggy to the Client.
"Account" refers to the Internet service account created for the Client by Diggy.
Use of the Services
Diggy reserves the right to suspend or terminate, with or without notice, any Client's account which, in Diggy's opinion, is directly or indirectly involved in activities which are detrimental to Diggy's Internet service or jeopardise the use of Diggy's service or its performance for other Clients or how the wider community will perceive Diggy. This includes, but is not limited to 'spamming' e-mail or forwarding 'spammed' e-mail to other Internet users' e-mail addresses, Clients listed or who cause the listing of Diggy or its Clients on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.
Diggy assumes no responsibility or liability arising either from the content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information accessed. The Client is prohibited from posting or transmitting any unlawful, threatening, libelous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Limitation of Liability
In some cases it may not be possible to provide the ADSL service and in such an event both parties will be released from their obligations under these Terms and Conditions and Diggy will have no liability to the Client. The Client accepts that some services offered by the Third Party Carrier's Network infrastructure are incompatible with the ADSL service and may not be available to the Client, after connection to the ADSL Network. The Client acknowledges that third party monitoring services such as alarm monitoring will be affected and that any third party provider of such a service connected to the proposed ADSL line have been informed.
The Client acknowledges that Diggy cannot be held responsible for any loss incurred by the Client because of faults and/or failures within the Third Party Carrier's Network infrastructure.
The ADSL service is used at the Client's own risk and Diggy takes no responsibility for any data downloaded and/or the content stored on the Client's computer. The Client agrees not to make any claim against Diggy, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the ADSL service.
Diggy will use its best endeavours to make the ADSL service available to the Client 24 hours a day, 7 days a week. The Client acknowledges that Diggy cannot guarantee uninterrupted service, the speed, performance or quality of the ADSL service. The Client further acknowledges that the ADSL service is not fault free and there may be interruptions and/or access problems from time to time as Diggy depends on the performance of Third Parties over which Diggy has no control and therefore can accept no liability for problems that may arise from the service.
Payment terms
The client is responsible, for all charges in respect of the use of the ADSL services whether or not such usage was authorised. It is the Customer's responsibility to maintain the security of the means of access to the ADSL services and to ensure unauthorised use does not occur.
All accounts must be paid by credit card or direct debit except where there is a prior written agreement with Diggy.
The Client agrees that all monies are non-refundable, and that periodic service fees are payable in advance.
The Client is responsible for all recurring fixed and cumulative charges for the account. If the Client is less than 18 years of age, the parent or guardian signing this agreement shall be responsible for all charges related to the minor Client's account.
Not using the Account does not relieve the Client of obligation to pay for the service, except as specifically provided in this contract.
Fees will continue to accrue during any period of disconnection or suspension of the Service where such disconnection or suspension is the result of non-payment or late payment of monies due.
Where amounts due to Diggy by the Client remain overdue for more than 14 consecutive days, Diggy may, at its absolute discretion, consider this a cancellation by the Client of the service and may notify the Client accordingly. Any sums paid to date of cancellation are non-refundable, and all payments still outstanding shall become immediately due and payable without the necessity of any formal notice or demand.
By supplying Diggy with credit card details, a Client authorises Diggy to debit the credit card with valid charges when due.
Diggy reserves the right to suspend Client access to the Account upon non-payment or rejection of any credit card charges.
Cheques may be subject to reasonable collection and legal fees, as well as interest allowed by state law.
Diggy does not accept any responsibility for the Client's telephone bills, including those for the cost of using the Service.
Diggy may terminate an account on 14 days' notice.
General
Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.
The Terms and Conditions of this Agreement supersede any previous agreement or statement of terms and conditions between Diggy and the Client.
By the use of the Account, the Client accepts the Terms and Conditions set forth in this Agreement.
The Client acknowledges that Diggy may make and store records of personal information as per Diggy's privacy policy.
Diggy reserves the right to change these Terms and Conditions without notice to the Client. It is the responsibility of the Client to review Diggy's Web site periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on Diggy's Web site, following which, if the Client continues to use the service, the Client is deemed to have agreed to be bound by those amendments.
