To the fullest extent legally permissible all dealings between the customer (including all related and/or associated companies and/or other entities, all successors and/or assigns and in its own capacity and as trustee of each and every trust of which it is trustee) (“you” or “your” ) and RemoteISP Pty Ltd ACN 624 693 009 (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as “RemoteISP” and/or otherwise (“RemoteISP” “we” or “us”) (collectively referred to as “the Parties”) relating to any goods and/or services (the “Goods” and/or the “Service”) are subject to the following terms and conditions (“these Terms”) and will form the basis of an agreement between the Parties (“Agreement”). These Terms are a Standard Form of Agreement (SFOA) for the purposes of Section 479 of the Telecommunications Act 1997 (Cth) (Act), if applicable. Any undefined words, unless the contrary appears, will have the same meaning as in the Act .

PART A – Provision of Internet Services

Term of the Agreement

The Term of this Agreement commences on the Commencement Date for the time period or number of months nominated in the contract between the Parties. At the expiry of the initial Term this Agreement will revert to a casual month by month contract, requiring a minimum of 30 days’ written notice to the other Party of its intention to terminate the Agreement. In some cases RemoteISP will require its hardware back, removal is free of charge to the end user.

Variations

These Terms and the Acceptable Usage Policy (as referred to below) are subject to change at any time without notice. If RemoteISP change the Terms, or Acceptable Use Policy in a manner which we reasonably consider would cause detriment to you, we will notify you of the change at least 30 days’ in advance.

If you do not agree with any changes notified to you, you may terminate this Agreement but you must notify us of such termination within 14 days of our notice. If you notify us that you wish to terminate this Agreement, the termination will take effect from the date of change to this Agreement, or Acceptable Use Policy comes into effect, as specified in our notice. Notwithstanding that you may send us notice of termination under this clause, if you continue to use of the Service beyond the date of the change, you will be charged for such use. your continued use of Service beyond the date of the change will be deemed acceptance of it.

It will be sufficient that RemoteISP notify you only of the fact that these Terms, the Acceptable Use Policy or any Service plans have been changed and that we post a revised copy of these Terms, the Acceptable Use Policy or Service Plans on the RemoteISP website.

Without notice, we reserve the right at any time, to change the Carrier or Supplier, or the Carrier’s or Supplier’s products

Any alterations in the terms or conditions for your Services made under the provisions of this clause during the Fixed Term of your Agreement will not be applicable. The terms and conditions applicable are those under Our SFOA as published on our website at the date you entered into your Fixed Term Agreement.

The Service

The Service will be comprised of high-speed internet access and related services (such as email), relayed from a main tower emanating from a fibre Wi-Fi connection (the ‘Service’) to a localised regional centre. The Service will be delivered to your residence or premises via relayed point-to-point low impact towers and rooftop reception equipment. The Service will be a Layer 2 or Layer 3 (as applicable) virtual connection to your residence or premises via Wi-Fi.

RemoteISP will connect your Service to the network as soon as it is reasonably practicable after acceptance of your written form, or online internet form, application and its related parts (together ‘your Application’). Your contract start date is your successful installation date.

RemoteISP will provide the Service as indicated in the Application to you in Australia through such carrier or supplier network or networks as we nominate from time to time directly with the carrier, supplier or network operator (the ‘Carrier’ or ‘Supplier’). Where carriage is supplied, the quality of the carriage of the Services will be at all reasonable times the same as that of the Carrier or Supplier.

Where RemoteISP provides data services, the access component of the relevant data service and optionally, a rented router will be supplied to us by a third party(s) as a wholesale Supplier.

The actual speeds for the Service depends on a number of factors including equipment, tower location, Electromagnetic Interference (EMI), relay times and any applications you are using, the capacity and speed of our systems, the systems of our suppliers, and the Internet generally. For these reasons, any actual internet speeds may likely vary from the maximums referred to on our website.

Where there is any exclusion or inconsistency between the terms & conditions of particular services and the SFOA, the latter shall prevail, to the extent of any such exclusion or inconsistency.

Service Fees, Payment Terms & Reconnection Fees

Charges for the Services are determined in accordance with the Monthly Plan rate, selected by you or in such other manner specified in the Agreement. In addition, RemoteISP charges an Installation Fee as set out on our website or as advertised from time-to-time. We may change the amount of these charges or add new charges from time to time. You must pay all invoiced amounts by the date specified on the relevant invoice.

If you have nominated automatic debit (using our providers St George or Paypal), your credit card will be charged on the invoice date. Charges that do not appear on your monthly invoice may appear on future accounts due to processing procedures. This includes any excess charges accumulated during the previous invoice period.

All Invoices are generated on the original installation day of the month. An invoice will be emailed to your nominated email address. If a new Service has been requested, the billing system will generate an invoice either on the same day of provisioning or the next day and will bill from that date till the end of the month. Any miscellaneous charges or purchases will be billed on the same day and an invoice will be generated and sent out.

All Referral (refer a friend) fees are paid on a successful installation only, the fee is a once off per successful new customer. We reserve the right to set the amount on a month by month basis and can be cancelled at anytime with out notice.

Quoted jobs and Deposits, all deposits for quoted jobs are non-refundable in most cases most of the items are ordered in a case by case matter and can not be returned to the supplier. Deposits are non-refundable due to labour involved in organising and stock ordering.

Our charges to you may include but are not limited to fees for connection, installation, initiation, transfer, relocation or cancellation of any Service(s). Such charges, if not specified in accordance with the rate plan or such other manner specified in your Agreement will be charged to you at cost by RemoteISP from the Carrier.

You will be required to pay your invoices from RemoteISP for your elected plan for the Service by direct debit or by credit card on the due dates. If you choose to pay your monthly invoice via Visa or MasterCard, a merchant fee of 1% of the total monthly invoice will be charged. If you cannot pay by direct debit or credit card, you must pay all fees and charges set out in the invoice within 7 business days’ of the date of the invoice.

RemoteISP reserves the right to charge interest on overdue accounts at 3% above the per annum Commonwealth Bank Corporate Overdraft Reference rate applicable at the date of the invoice, calculated daily.

RemoteISP reserves the right to, without notice, deactivate or cancel all or part of your Service if any amount is not paid by its due date. We further reserve the right to restrict any Service at any time if we, acting reasonably, form the view that the account has gone over its credit limit or the Service appears fraudulent. If any amount has not been paid by the due date we reserve the right to deduct any unpaid amount (or part thereof) from your credit card or charge card nominated on the application form.

If you default under this Agreement, RemoteISP reserves the right to use or disclose any personal information collected and recorded in relation to you to assist in the process of debt recovery. Personal information includes personal identifying details such as name, address, date of birth, employers and drivers’ license details, status of any overdue accounts or related bodies corporate, credit history, or information about creditworthiness or capacity. For any reason where you may not be contactable for an extended period, then it remains your responsibility at all times that your account does not fall into arrears, in which event RemoteISP at its discretion, may disconnect your Service. The reconnection fee is $10.00 per connection per month for accounts in default.

PLANS and SLA’s

The plans set out on www.remoteisp.com.au are subject to change without notice if it’s to benefit the end user, 21 days in writing will be supplied for any service change that is considered not to benefit the end user, all contract terms are to be adhered to or the end user will be listed on the appropriate debt collections.

All end users in the event of service disruption once reported to us will be fixed on our next available day if you are a residential customer and require a SLA you can purchase an add on for $10.00 a month for a up to 4 day repair or $20.00 a month for a 1 day repair. RemoteISP will only grant a SLA payback of 1hour loss is equal to 1 days credit if it’s with in its own wireless network and the end user pays for this service. Business plans come with a 1 Day SLA and in the even of losing the service if we can’t repair the service with in 1 Day this is equal to a days credit, all SLA breaches must be in writing to info@remoteisp.com.au with the subject “SLA Breach” include you customer user name and full writing of events and we will asses the “SLA Breach” application.

If a customer experiences service or speed issue we offer a 30 day guarantee as long as the terms and conditions of this agreement have been abided by, if for any reason we can’t fix your service issues in a 5 business day SLA then the EU can request a disconnection under this cause once all equipment has been recovered. Please provide Ookla speed tests to RemoteISP’s Server in Sydney. Call for Details.

GST

Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST.

General Use of Service

you agree to only use the Service for your own personal use or business use in accordance with this Agreement. you must not use or rely on the Service for medical or priority assistance or any ‘mission critical’ applications or uses.
You accept full responsibility for the use of the Service and ensure that any or all persons you allow to use the Service comply with this Agreement as if they were you.

Acceptable Use Policy

You agree to the following ‘Acceptable Use Policy’ for this Service, which include but are not limited to the following:
1. Any disruptive or destructive traffic of any source is absolutely prohibited. This includes unsolicited electronic mail (spamming), DOS (denial of services) attacks etc. Port scanning, attempting to hack other systems or any other unacceptable behaviour involving use of the ISP network is prohibited. RemoteISP’s decision in regard to what is acceptable or not, is final.

2.     If any data from any source leaves the ISP and enters any other network, that data must follow the acceptable use rules of the other network (including member networks, regional or backbone networks). It is your responsibility to comply with these obligations and not RemoteISP’s.

3.     RemoteISP specifically prohibits any use or display of data or information which could be viewed as racist, sexually offensive, pornographic, defamatory, threatening offensive or obscene or material that may constitute a criminal or civil offence under State or Commonwealth laws.

4.     RemoteISP expressly prohibits the re-sale of is retail services. Redistribution of any retail service to another address, unit, house or across a property boundary is strictly prohibited. All retail services are for the sole use of the address where the service has been provisioned. You agree not to compete with RemoteISP. If the ISP detects re-sale or redistribution on retail services the matter will be investigated by RemoteISP and it hereby reserves the right to terminate all Services if you are found to be in breach of this condition. 5. RemoteISP prohibits illegal software trading (warez) and you are solely responsible for any legal actions taken against it by third parties on the grounds of copyright infringement. To the fullest extent permissible under law, RemoteISP will not be held responsible for any such claims from third parties.

5.     At all time you are responsible for controlling your Anonymous FTP directory. RemoteISP reserves the right to routinely patrol these directories and reserves the right to terminate this facility if we encounter illegal usage.
RemoteISP reserves the sole right to block or limit usage of any Internet based service that impedes, hinders or otherwise degrades the overall network efficiency. This may include but is not limited to websites or applications including Torrents, MyVideo, Limewire, Kazaa, Napster, P2P systems or any other service that RemoteISP determines in its absolute discretion conflicts with this clause.

6.     You agree not to knowingly accept email which is unlawful, violates or infringes any third party rights of any person, entity or corporation or which may pose an imminent threat or risk to the provision of the Service or the network operated by RemoteISP.
You agree not to move, sell or dispose of the equipment without the written consent of RemoteISP, unless said equipment is owned by the subscriber. The equipment shall not be subject to any liens or torts, and remains the property of ISP until paid in full, in terms of this contract.

7.     You agree not to create, or cause to be created any security interest (including any liens, encumbrances, charges or mortgages) and as that term is understood under the Personal Property Securities Act 2009 (Cth) over any part of the Service including any network or equipment used to supply the Service.
RemoteISP will slow any limited data service down that has received its data limit to 128K/128K, the shaped speed can be lifted for a fee of the monthly contracted plan divided by 30 days x by the days left to the end users new month. RemoteISP reserves the wright to refuse any unshapping of the service. Requests must be written in for of an email to accounts@remoteisp.com.au

8.     Unlimited data is allowed under the fair use policy and the terms and conditions of the contract, all plans with unlimited data from 01/08/2021 are for new customers only, all existing customers may upgrade to the new plans but must recontract for a period of 24 months.

Your acknowledgement & obligations

You acknowledge that:
Internet access speeds appearing on RemoteISP’s website are indicative maximum speeds and it does not warrant that any plan speeds (including upload and download speeds) will in fact be achieved at any time or under any conditions.
RemoteISP may at any time be required by law to intercept communications over the Service and subject at all times to applicable law, monitor your usage of the Service and any communications sent over the Network from time-to-time
RemoteISP will at all times not be liable for any third-party charges which may be incurred as a result of accessing content, services, sites, software or subscriptions offered by third- parties
RemoteISP does not have any control over, authorises or makes any warranty regarding access of any content used when using the Services
You agree:
To use the Service in accordance with our Acceptable Use Policy as referred to above and as amended from time-to-time.
RemoteISP reserves the right to add a access point to any hardware that we have installed if we choose this option to get access to other areas the End User of this hardware will receive a $5.00 discount per customer attached to this access point per month. RemoteISP is responsible for the maintenance and upkeep of this hardware. The End User agrees that power to our In Door Unit will always be available unless the event of a power outage.                                                         To provide information to and reasonable assistance to RemoteISP or any of its wholesale service providers to enable the Service to be provided to you. You agree to provide true and correct answers to any reasonable installation enquiries or questions which may affect or prevent successful installation, commissioning or testing of any equipment provided as part of the Service.
To provide any information or other reasonable assistance to RemoteISP or its wholesale service providers to enable investigations into activities of an illegal nature, including potential instances of fraud, whether or not they directly or indirectly concern you or anyone you know.
Not to engage in conduct which, in our reasonable opinion, could be reasonably expected to adversely affect our reputation or result in any liability to us or any third party

Privacy and Personal Information

Purpose of collecting personal information

RemoteISP keeps and uses your personal information in accordance with its Privacy Policy appearing on our website and Australian Privacy Laws, including the Privacy Act 1988 (Cth). RemoteISP, its agents and wholesale service suppliers may collect, use and disclose your personal information to third parties for the following purposes:

Supplying and billing the Service;
Keeping you informed about maintenance, upgrades and other Service features;
Enabling our wholesale service provider to seek feedback about the nature of the Service; Referring any debts owed by you to debt collection agency; and
Promotional or direct marketing purposes.
Disclosure of personal information

Without seeking to limit the preceding sub-clause, RemoteISP may receive and disclose personal information about you relating to your Service (including but not limited to any listed or unlisted telephone number, IP address, address and account history) to or from:

Third parties such as RemoteISP’s suppliers or for the purposes of supplying the Service; Credit providers or credit reporting agencies for purposes permitted under applicable Privacy Laws, including any commercial or consumer credit report, or which may include the fact that any payments under this Agreement are overdue by more than 60 days or that you have committed a serious credit infringement.

Law enforcement agencies to assist in the prevention of any unlawful or criminal activity, where RemoteISP is obligate to under law including but not limited to the Telecommunications (Interception and Access) Act 1979 (Cth).
Where lawful disclosure is otherwise permitted under the Privacy Act 1988 (Cth) or other applicable privacy laws.

Consumer Guarantees & ACL

The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). These Terms shall be read down to the extent necessary to comply with the ACL and these Terms shall otherwise apply to the fullest extent legally permissible.

Limitation of Liability

To the extent permitted by the ACL: a) you agree to limit any claim to the replacement/repair of the goods (or cost thereof) and/or re supply of services (or cost thereof); b) RemoteISP shall not be liable for: (i) any claim, loss or expense which is made after 7 days from the date of delivery of goods and/or services (or at all once goods have been unpacked or otherwise used or applied) – after which there shall be deemed to have been unqualified acceptance; (ii) any loss and/or damage in respect of any property and/or premises; (iii) any consequential loss and/or any special and/or punitive damages through any fault of RemoteISP or otherwise; and/or (iv) any claim in any way caused and/or contributed to by you and/or any third party; c) these Terms shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty; and d) any rights you may have as a consumer under the ACL shall apply notwithstanding any inconsistent provisions in these Terms.

You acknowledge and agree that due to the nature and limitations of the Service under this Agreement, you will not have any recourse to RemoteISP’s wholesale service providers in relation to any claim including for the purposes of the ACL. You further acknowledge and agree that any wholesale service provider used by RemoteISP and their related bodies corporate and their personnel are not liable to you, to the maximum extent permissible under law, arising from the provision of the Service and any equipment provided to you.

To the extent permissible by law, including the ACL, RemoteISP will not be liable for any consequential loss in respect of the Service, including in circumstances where any such loss has been notified or brought to the attention of RemoteISP.

Support and fault reporting

You may request support or contact RemoteISP for support or assistance using the contact details on our website.

You agree to provide all reasonable assistance to enable us to investigate and repair a fault or otherwise deal with it. We are not responsible for a fault or disruption caused to the Service by a carrier or wholesale service provider network, or equipment that is your own personal property or is not provided by RemoteISP for use under this Agreement. Trees and vegetation are the responsibility of the End User and should be maintained so they don’t grow above the LOS of any of RemoteISP radios or devises, if vegetation is deemed to be the cause of a problem it is the End Users responsibility to get an licenced expert to trim or remove.

Complaints and disputes

Any complaints about the Service can be made using the contact information on our website, including by email, telephone or complaints@remoteisp.com.au

Any billing or enquiry about charges appearing on any invoice RemoteISP sends you should be dealt with by telephone or email in the first instance. Please keep details of your bill and the charges for the purposes of any enquiry.

Telecommunications Industry Ombudsman

If any complaint with RemoteISP remains unresolved, then you have the right to lodge a complaint with the Telecommunications Industry Ombudsman (TIO) see www.tio.com.au. Please note that the TIO will only entertain your complaint on condition that you have first tried to resolve it with RemoteISP.

Termination, suspension or cancellation of Service

Termination fees, due on acknowledgement.

If your initial contract term has not expired under either a 12 month or 24 month plan then you will be liable for an early termination fee (ETF) of a maximum of $2500 (decreases 5% for 24mths or 10% for 12mths over the term of your contract) should you wish to terminate before the expiry of your plan, plus installation and removal costs plus any other monies owing RemoteISP may suspend or cancel the Service or immediately terminate this Agreement for a material breach of its terms or where:

·       You are in breach of the Acceptable Use Policy;

·       In the opinion of RemoteISP, acting reasonably, your use of the Service is causing detriment, degradation or any other negative impact on the Service and ‘network’ provided by RemoteISP;

·       A carrier or wholesale service provider ceases to supply whole or part of the Service to RemoteISP;

·       You provide incomplete, false or misleading information about your use of the Service;

·       You are unable to pay your debts as and when they fall due;

·       You are in default of payment of any of our invoices and the default remains uncured for a period of 7 business days or more;

·       RemoteISP is required by law to suspend or cancel the Service.

On termination of this Agreement for any reason:

1.     All monies owing to RemoteISP become due and payable including any early termination fees as referred to above, if you have authorised direct debt or credit card it will be automatically deducted as per the terms and conditions.

2.     You must return all equipment the property of RemoteISP and further to our relevant contractual rights as agreed to by way of reference to Schedule 3 of the Act, will enable RemoteISP access to the property or premises to collect any or all such equipment as is required if equipment cant be recovered a $660 charge will be payable in full.

At the expiration of the initial term of any contract with RemoteISP under either a 12 month or 24 month term, you will continue to be charged for the Service on a month to month basis until or if you give us 30 days written notification that you wish to cancel the Service. During the month to month service you are liable to pay for any service calls, including replacement part costs.

Force Majeure

RemoteISP, to the extent permissible by law, will not be liable for any delay in the connection of or failure in the operation of Service due to any occurrence reasonably beyond our control as a result of a Force Majeure event including failure of any link provided by the fibre carrier or resulting from the relaying point-to-point low impact towers.

Network Security

You agree to accept full responsibility and liability for the security of and/or access to any of your personal networks and related systems. You agree to take all reasonable and appropriate precautions to prevent any violations of your network and/or related systems security including password, firewalls and anti-virus and malware protection. RemoteISP will not be responsible for or liable in any way for any violations of your network and/or related systems security howsoever caused.

PART B – Installation and Maintenance of Equipment

Equipment

RemoteISP has a network configuration utilising fibre from the nearest regional centre via a carrier service then connecting by wireless to a main tower and then relaying internet services via a point-to-point “network” of low impact towers.

Tower and Infrastructure Customers

In providing the Service, it is necessary for RemoteISP to install on your property or residence the following equipment: a tower, solar panels, encased service equipment, concrete block for retention of tower, router and/or modem, and any roof top equipment as reasonably required. The maximum tower height is 30 meters, the hole size for pole is approximately 1200 mm x 600mm x 4 plus a slab for the cool room to house encased service equipment. The pole will have affixed to it a solar panel to power the unit so no mains connection is required to power the unit. Other equipment relating to the provision of the Service will be determined on a case-by-case basis and includes wireless radio, maximum standard roof mount height of 3 meters, outdoor cabling, possible external conduit, single wall plate. Possible non-standard ground mount as well if roof not suitable.

Any equipment provided by RemoteISP under these Terms and this Agreement remain its property unless paid for in full.

You will be required to keep this equipment on your premises and upon reasonable request you must provide us with the location of any equipment that has been provided to you under this Agreement.

You agree to notify RemoteISP as soon as practicable relating to the requirement for servicing or maintaining of any equipment relating to the provision of the Service.

If not RemoteISP’s decision you will remain liable for the costs associated with the repair or replacement of any equipment, if in the opinion of RemoteISP, acting reasonably, any equipment is not returned in the same condition as when it was supplied (fair wear and tear excepted). You agree to permit RemoteISP with access to any site or premises to collect any equipment owned by it in accordance with this Agreement.

You agree to keep any equipment supplied under this Agreement, safe and in a suitable environment and state-of-repair and agree to use the equipment in accordance with any directions or instructions for use, and that any such use complies at all times with all laws and any reasonable directions as given by RemoteISP.

You agree not to mortgage, grant a charge, lien, encumbrance or any security interest (as that term is defined under the Personal Property Securities Act 2009 (Cth)) over any equipment owned by RemoteISP.

Inspection, Access & Installation

You acknowledge and agree to the following:

It will be necessary for RemoteISP in order to supply the Service to attend and access the site or premises at which the Service will be provided.

RemoteISP agrees to call or contact you any time access is required and a message will be left if you are not contactable.

You agree to provide RemoteISP with timely and safe access to any site or premises to enable us to enter and do anything reasonably necessary in respect of that site or premises to:

1.     Supply and install the Service;

2.     Deliver, install, connect, inspect, reposition, adjust, modify, maintain, repair, service, disconnect, test and remove any equipment use for or in connection with the Service (including any equipment or any other items owned or controlled by any wholesale service provider); and

3.     Exercise any of its rights or perform any of its obligations.

4.     RemoteISP is not responsible for maintenance of access roads, fencing or gates unless priory approved.

5.     RemoteISP will install as standard mounts up to 1.8 Meters and have other options available for purchase in the event of non clear line of site, if the customer agrees to carry out works on there own accord RemoteISP will not be liable for any damaged caused, if RemoteISP is contracted to carry out earth works they will request all services be found by way of pot hole digging by the resident owner, we will not be liable for repairs in this case.

6.     If RemoteISP see fit the customer requires a non standard installation at the expense of the user or land holder all fees and charges are payable on installation and RemoteISP will be responsible to maintain the equipment as long as it was paid in full and with in the strict specifications that RemoteISP has advised.

7.     If RemoteISP designs and installs a Solar powered site for the EU it will be warranted for 12 Months from the day of complete delivery, solar sites are designed for a 3 day autonomy unless EU requires more, this must be discussed before the design stage. RemoteISP is not responsible if any of the sites get damaged, trees grow in LOS or impair Solar production. RemoteISP can advise only on what should be done in this event.

If applicable, to the extent that any site or premises is not owned, controlled or occupied by you, you must notify us of this fact and provide consents from the rightful owner, controller or occupier of the site or premises in such form as reasonably required by RemoteISP or any its employees or authorised agents.

RemoteISP agrees that any of its employees, contractors or authorised agents accessing the site or premises:

• will do so by the most efficient and direct route or otherwise in accordance with any reasonable directions given by you.

• will not cause any unreasonable disturbance to the property, or any persons or animals.

• RemoteISP agrees to indemnify you for any costs (including legal costs on a party/party basis) suffered by you or any third party as a direct or indirect result of any breach of this condition or as a result of any negligence of any employees, contractors or authorised agent of RemoteISP.

RemoteISP provides the following warranties:

• Any of its employees, contractors or authorised agents accessing or performing any works on the site or premises will do so in accordance with all applicable workplace health and safety laws and regulations;

• It holds all necessary licences or permits required to carry out any works on any site or premises;

• It holds all necessary insurances required under law including workers’ compensation and public liability;

To the fullest extent required under law, RemoteISP agrees to indemnify you (including legal costs on a party/party basis) suffered by you or any third party as a result of any negligence or misconduct of any of its employees, contractors or authorised agents.

In relation to any point-to-point tower and associated equipment installed or to be installed on the site or premises RemoteISP agree: to bear all costs for installation and maintenance; the tower and associated equipment are installed on the site or premises at the risk of RemoteISP; to indemnify you and bear all costs associated with the installation, repair or maintenance of the tower and associated equipment resulting from any act or event other than an intentional or negligent act by you.

Further to the above clause, you agree to provide RemoteISP with at least 30 days’ written notice in the event of vacating, selling or sub-leasing of the site or premises where the Service has been provided under this Agreement AND agree to pay all costs for the removal of any tower or equipment or remediation of the site or premises and agree to indemnify RemoteISP for any costs it incurs as the result of the removal of any such equipment from a site or premises (including legal costs on party/party basis).

Schedule 3 – Contractual Rights

You further agree that for the purposes of installing and providing the Service, RemoteISP has, to the fullest extent permissible under law, the same powers and rights as those applicable to a ‘carrier’ under sections 5, 6 and 7 and the same obligations under section 8of Schedule 3 to the Act but only to the extent that is reasonably required for RemoteISP in the provision of ‘carriage services’ to do any of the following in respect of the Service:

1.     Inspection and surveying of land;

2.     Installation of facilities; and

3.     Maintenance of facilities.

Despite the provisions of sections 5, 6 and 7 of Schedule 3 to the Act, RemoteISP agrees that it must not without your prior written approval do any of the following at the site or premises:

1.     Carry out any earthworks;

2.     Fell or remove any trees or vegetation;

3.     Remove either permanently or temporarily any fences; or

4.     Move or change the location of any services.

The Parties agree that the rights granted to RemoteISP under this sub-clause does not create any statutory rights for RemoteISP other than contractual rights for the inspection, installation and maintenance of any required facilities and provision of the Service and for the Term of this Agreement.

RemoteISP App

All RemoteISP customers agree to the terms and conditions of using our App for the Application, Installation and Service calls, The Application will be emailed to the “current email address” on the Application form. End users can request the installation by contacting us from the details on our website, by signing and supplying personal details to our app you agree to these terms and conditions.

Damage

The customer will be responsible to keep the equipment in good order clear of water and clutter or items directly placed which could cause a fire, if RemoteISP property is damaged by neglect there will be charges involved in replacing the items, the standard service call charge is $129.00 plus $60.00 hour from then on in. All items replace will be said price on the day; all items that are replaced will be charge on the day.

The customer is responsible to keep trees and the like away from our equipment, any items in front of our outdoor unit or solar panels will affect the service, speeds, download and disconnections, if this is the case RemoteISP is not responsible to supply a SLA or speed quality audits, If the outdoor unit or wiring is damaged by neglect this will be a chargeable service starting at the service call rate of $129.00 plus $60.00 hour from then on in. All items replace will be said price on the day; all items that are replaced will be charge on the day.

If a Staff member or Contractor of RemoteISP has cause damage please phone us and we will lodge an investigation, if we are found to be at fault, we will make good the damage to the original condition. The warranty period for all installed items is 12 Months from date of installation. All damage claims must be recorded within 8 weeks from the installation. This includes only the area that may be affected.

PART C – General Provisions

Indemnity

You agree to fully indemnify RemoteISP against any claim or loss we suffer arising from or related in your use of the Service or equipment used in connection with the Service under these Terms, including but not limited to any claim made by any third party, and any costs (including legal costs) relating to any breach by you of this Agreement.

Governing Law

You agree that these Terms and any claim or dispute between RemoteISP and you shall be governed by the law applicable in the State nominated by RemoteISP and you agree to submit to the jurisdiction of the appropriate Court nominated by RemoteISP in the capital city of that State. If no State is nominated then New South Wales shall be deemed to be the nominated State.

Waiver

An election by RemoteISP not to exercise any rights on any breach of these Terms shall not constitute a waiver of any rights relating to any other breach.

Notice

You agree that you shall be deemed to have notice of any change to these Terms immediately any change is adopted by RemoteISP and whether or not you have actual notice.

Insolvency

You shall be in default of these Terms if it commits an act of insolvency or bankruptcy, appoints an insolvency practitioner and/or calls a formal meeting of creditors.

Assignment

RemoteISP reserves the right absolutely to assign or novate all or part of these Terms to a related or third party without any further consent required by you. All rights under these Terms are personal any you agree not to assign or attempt to assign any part or all of these Terms.

Severability

Any part of these Terms shall be capable of severance without affecting any other part of these Terms

last modification 7th August 2020.