1.1 You acknowledge that ADSL is not compatible with all standard telephone lines and may not be available to all premises or work with all hardware.
1.2 Bandwidth limits specified in the relevant Access Plan refer to the amount of data received by you in any 30 day period from the Internet through the ADSL Service. If in the last 30 days you have exceeded this amount, you are shaped to a speed of 64k/sec until such time as you have downloaded less than the amount within the last 30 days.
1.3 AussiePCShop does not guarantee the availability of the Service to you at all.
1.4 If AussiePCShop forms the view that the Service cannot be provided to you (for any reason, including your credit history, or technical limitations), this Agreement will terminate and neither party shall have any liability to the other, except that AussiePCShop will refund any initial connection fees paid in advance by you for the ADSL Service.
1.5 You will be billed for the Service at the amount you selected from the earlier of the date that the Service is installed by AussiePCShop or the date on which you first use the Service.
1.6 You agree that the service is a residential service and that no guarantee of continuous fault free service can or is made.

2. Service Levels

2.1 The connection speeds specified in the Plan selected by you is the maximum possible theoretical connection speed from AussiePCShop to you, and from you to AussiePCShop respectively. You accept that AussiePCShop cannot guarantee the Service will achieve these theoretical maximum speeds and in fact in many cases these speeds are not obtained as they are based on lab test maximum conditions and things such as IP overhead will reduce the speed you can get.
2.2 You acknowledge that AussiePCShop cannot represent or guarantee the continued availability of the Service. You acknowledge that the Service may be temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services and / or other causes.
2.3 AussiePCShop will not be liable to you for any outage. Outages are part of a residential ADSL service and compensation for them is not payable.
2.4 You acknowledge when signing up to a ADSL Plan on a speed, technical limitations and the quality of your phone line may mean you are not able to get the theoretical maximum speed. In this case, AussiePCShop will not be liable to you for this reduced service quality.

3. Installation

3.1 When you order a service from us and pay for that service, including all setup fees and this first month in advance, we will within a reasonable time attempt to install your service. This will generally be within 7 business days, but may be up to 45 business days.
3.2 If any maintenance, reinstallation or changes to your service are required following installation, these will be carried out at your cost.
3.3 AussiePCShop will not be responsible for any loss or damage whatsoever arising from or in connection with configuring a Modem or installing any software on your computer to enable you to access the Service. You acknowledge that difficulties may arise in the configuration of a modem for use with the Service that are beyond the control of AussiePCShop.

4. Requirements of Service

4.1 You must arrange for at your own cost the following available for an installation to take place:
(a) a Standard telephone line connected and working;
(b) Standard power point in proximity to the telephone line outlet;
(c) A router or modem that has been approved by AussiePCShop as being compatible with the AussiePCShop network;
(d) A Computer that complies with AussiePCShop Service specifications for connection to the modem referred to in point c;
(e) Access to your premises for the Service installation; and
(f) If required, the attendance of technicians at your expense to setup the equipment.
4.2 You must not connect any equipment to the Service that does not meet AussiePCShop specifications.
4.3 AussiePCShop can not assure you that any particular modem or computer will work on the service. Just because a modem or computer specification is provided by AussiePCShop does not mean that it will specifically work on the AussiePCShop network.

5. Your Acknowledgements

5.1 You warrant that you are the legal lessee of the standard telephone line which is to be used to carry the Service or you have the permission to act as an agent for the lessee of the standard telephone line.
5.2 You acknowledge and agree that:
(a) Disruption to the standard telephone service may occur during installation of the ADSL Service;
(b) Disconnection of the standard telephone line or a change of lessee of the standard telephone line that carries the ADSL Service may cause the Service to be terminated and if this happens you will need to pay any disconnection and reconnection fees;
(c) You have all consents required for the ADSL Service to be installed; and
(d) Your security-monitoring may be effected by the installation of the ADSL, or your ADSL may be effected by security-monitoring services. If this happens you may have to disconnect one or the other of these services at your cost.
5.3 You must direct all service, support and other queries to AussiePCShop only and not any third party. You will be liable if you call third parties for support.

6. Transfers and Cancellations

6.1 You may not assign, transfer or otherwise dispose of the Service to another third party without the prior written consent of AussiePCShop.
6.2 You may not resell the Service or otherwise use the Service in competition with AussiePCShop.
6.3 You may cancel the Service on 30 days written notice to AussiePCShop. You will be liable to AussiePCShop for any charges incurred during that notice period and for any other charges previously incurred and unpaid.
6.4 If you cancel or move the ADSL Service (including churning the service to another provider, relocation of the service, change of lessee, temporary disconnection of your standard phone line or any other such event) within the first 6 months of the connection, you will be liable for a $75 fee.
6.5 AussiePCShop may terminate the Service on 7 days' notice to you for any reason. In such an event AussiePCShop will refund to you any amounts paid in advance for services, yet not provided because of AussiePCShop's termination under this clause. You will not be entitled to a refund of the cost of any modem purchased or installation fee paid. You may, if technical possible, churn to another provider before the end of the 7 days without penalty of AussiePCShop exercises its rights under this clause.

7. General

7.1 Prior to entering into this agreement, you represent and warrant to AussiePCShop that you have read, understood and agrees to be bound in full by the terms of this agreement, the AussiePCShop General Terms and Conditions and the Aussie Dial Terms and Conditions (if you combine your phone and internet services). Where a conflict exists between these documents, this document shall prevail.
7.2 All notices to be delivered under this agreement must be in writing and sent by post, facsimile or hand delivery.
7.3 AussiePCShop may change these terms and condition at any time with 7 days notice, by placing a new copy of the terms and conditions on the AussiePCShop website.
7.4 A copy of the most recent version of this agreement may be obtained on the AussiePCShop website.
7.5 You agree to pay all charges by direct debit. If your direct debit fails for any reason, you will be liable for a $11 administration fee and must pay your balance within 7 days. Your service may also be temporarily suspended or disconnected. If your service is suspended or disconnected, a $145 reconnection fee will apply.
7.6 It is your responsibility to ensure that your direct debit details are correct and up-to-date and have sufficient funds in them on the day we debit you.
7.7 If you do not provide us with an email address or request a bill by post, a monthly fee of $3.30 is payable to cover the cost of printing and postage.
7.8 AussiePCShop uses Aussie Dial Pty Ltd as its billing agent only and you will receive a bill from Aussie Dial Pty Ltd. You agree to us passing on your details to other companies we work with in order to provide the service to you.
7.9 This agreement is to be governed and construed according to the laws in New South Wales only.