Outline of changes in Standard Form of Agreement (1 July 2008) terms and conditions > Outline of changes in Standard Form of Agreement (1 July 2008)
Introduction
This document outlines changes to the All Web Pty Ltd t/a Websecure (ABN: 97129911673) Standard Form of Agreement (SFoA) and Acceptable Use Policy (AUP).
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Why is Websecure changing the SFoA and AUP?
 To improve clarity- To support new services, such as our Speak telephone service and future services currently under development
- To lead the industry in compliance with telecommunications industry codes of practice.
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Which customers will be affected?
All Websecure customers except those who receive a Broadband Connect subsidy. Broadband Connect customers are covered under a separate agreement.
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When do these changes take effect?
The updated SFoA and AUP will apply to all new services connected from Tuesday 1 July 2008, and to existing customers from Thursday 1 August 2008.
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Specific changes to the Standard Form of Agreement
Paragraph 1.4 (insertion in italics):
1.4 If anything in this document is inconsistent with something specifically agreed in writing with you, then the particular arrangement agreed with you applies instead of the inconsistent part of this document to the extent of the inconsistency only.
Paragraph 1.6 (changes in italics; deletions struck out):
1.6 You may obtain a hard copy of this document from our business office at Level 1, Suites 2-4 12a Aplin St Cairns Qld 4870, or any other business office listed on by visiting our website (www.websecure.net.au).
Paragraphs under section 2:
We have removed paragraph numbers from each of the definitions. This will enable us to add additional definitions in the future without having to renumber the paragraphs.
Paragraph 2.9:
Changed from:
2.9 "this agreement" means the agreement made between us consisting of these general terms and conditions, the Acceptable Use Policy and everything else agreed between us when you ordered the services (as amended from time to time).
to:
2.9 "this agreement" means the agreement made between us consisting of:
- these general terms and conditions,
- the Acceptable Use Policy,
- terms specific to the service, as described on the application forms, our website, the product packaging and other published documentation, and
- everything else agreed between us in writing, and with the consent of our Chief Executive Officer, when you ordered the services (as amended from time to time).
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New paragraph 3.6:
3.6 We may assign priority to certain types of data traffic.
New paragraph 3.7:
3.7 We may, without notice, take any action that we consider necessary in order to ensure the secure and efficient operation of our network.
New paragraph 3.8:
3.8 We may permanently and irrevocably remove stored email messages from our servers if they have remained there for more than 3 months.
New paragraph 3.9:
3.9 Your use of any of our services constitutes a contract of service between you and us, for those services for a period of 24 months (unless the term is otherwise stated in an written agreement e.g. 12 months) which will automatically repeats for the same term upon expiry e.g. once the 24 months contract expires it automatically repeats for another 24 months unless you give 30 days notice in writing of cancellation before the term automatically repeats. But if ACIF Code C620:2005 (Consumer Contracts). [Please note, this Code will be replaced by the Telecommunications Consumer Protections (TCP) Code [C628:2007] and withdrawn from publication once the TCP Code is registered by the Australian Communications and Media Authority (ACMA).] applies to you, then we will notify you prior to the term repeating to enable you to decide whether to continue.
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Paragraph 4.6 (insertion in italics):
4.6 If you do not pay any amount due to us under this agreement by the due date, we may:
- terminate, restrict or suspend the service and all other services in your name
- use an external agency to recover the debt
- charge you a late payment fee
- charge you a disconnection fee if we terminate, restrict or suspend the service
- add our collection costs to the amount that you owe us.
Paragraph 4.8 (insertion in italics):
4.8 If we terminate, restrict or suspend the service for any reason, we reserve the right not to reinstate the service until you have paid all amounts outstanding on all your accounts. We may also charge a fee for reinstating your service. This fee is in addition to any late payment fees and disconnection fees.
Paragraph 4.9 (insertion in italics):
4.9 We may terminate, restrict or suspend the service without notice if we reasonably believe that your use of the service may be a credit risk to us.
Paragraph 4.10:
Changed from:
4.10 If another supplier charges us in connection with the service, we may pass those charges on to you.
to (altered text in italics):
4.10 If another supplier charges us in relation to the service, we may bill you the amount of those charges, plus a service fee.
Paragraph 4.16 (insertions in italics; deletion struck out):
4.16 If we restrict or suspend the service is restricted or suspended in accordance with this agreement, charges will continue to accrue at the same rate that would have been applicable had the service not been restricted or suspended.
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New paragraph 4.17:
4.17 If we provide a telephone service to you, our advertised call prices do not apply to calls that you place via another supplier by using an override code (a special number that you dial prior to the number that you are calling). If you use an override code, we may bill you the amount that the other supplier charges us for that call, plus a service fee.
New paragraph 4.18:
4.18 Our advertised call prices apply only once the service is fully transferred to us. In the meantime, your previous supplier may charge us instead of you for some of your calls. We will bill you the amount of those charges, plus a service fee.
New paragraph 4.19 (moved from 8.7; deletion struck out):
4.19 We may change call prices at any time without notice. You may check current call pricing at any time by visiting our website (www.websecure.net.au).
New paragraph 4.20 (replaces 8.8):
Changed from:
8.8 We may change any component of the price of the service by giving you 1 calendar month’s notice.
to:
4.20 We may change any other component of the price of the service by giving you 21 days notice. If we increase the overall price of the service (excluding call costs) during an agreed fixed term, you may cancel the service within 42 days with no early termination fee. However, you must still pay any other charges applicable to the period during which you used the service.
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Restructured section 5 (insertions in italics; deletions struck out):
5.1 Termination by you
5.1.1 You may cancel the service at any time by giving us 1 calendar month’s 30 days notice in writing.
5.1.2 If you cancel the service, You must pay the full balance of the account within 7 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service.
5.1.3 If you cancel the service before the end of an agreed fixed term, an early termination fee will apply. Unless the product description indicates otherwise, that fee will be the number of months remaining in the agreed fixed term multiplied by the monthly access fee.
5.2 Termination by us
5.2.1 If we reasonably believe that you may have breached this agreement, we may terminate, restrict or suspend the service without notice at our discretion. If we do this, we will not pay you a refund for any unused part of the service. If we do this, we will not pay you a refund for any unused part of the service.
5.2.2 We may terminate the service at any time without notice if the service depends upon a third party service, and the third party withdraws that service from us. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.
5.2.3 We may terminate the service at any other time, by giving you 1 calendar month’s 30 days notice. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.
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Paragraph 8.1 (insertion in italics; deletion struck out):
8.1 We may change this agreement at any time without notice. However, if we believe that any such changes are likely to be to your detriment, we will give you 1 calendar month’s 30 days notice.
Paragraph 8.2:
Changed from:
8.2 You must not transfer your rights or obligations under this agreement to anyone else.
to:
8.2 You must not transfer your rights or obligations under this agreement to anyone else.
No assignment of the rights acquired by you under this agreement shall be recognised by us unless previously agreed to in writing by us.
Paragraph 8.4 (insertion in italics; deletion struck out):
8.4 We may transfer our rights and obligations under this agreement by giving you 1 calendar month’s 30 days notice.
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New paragraph 8.8:
8.8 If you ordered all or part of the service through a reseller, we may pay initial and ongoing commissions to that reseller.
Paragraph 9.10:
Changed from:
9.10 We are not liable for any losses resulting from an act of god, national or local emergency, acts of government, acts of war or civil disorder, military operation, industrial disputes, fire, flood, lightning strike, weather damage, subsidence or earthquake, acts of terrorism or other events which are beyond our reasonable control.
to:
9.10 Force Majeure
We are not liable for:
Any delay in installing any service,
Any delay in correcting any fault in any service,
Failure or incorrect operation of any service, or
Any other default in performance under this agreement,
We are not liable for any losses resulting from an act of god, national or local emergency, acts of government, acts of war or civil disorder, military operation, industrial disputes, fire, flood, lightning strike, weather damage, subsidence or earthquake, acts of terrorism or other events which are beyond our reasonable control.
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Paragraph 10.3 (insertion in italics; deletion struck out):
10.3 You authorise us and our sub-contractors to contact you by electronic mail regarding anything to do with this agreement, the services or any other services we may wish to offer you. You have the right to notify us if you wish to opt out of promotional communications.
Paragraph 12.2:
Changed from:
12.2 Unless we agree otherwise in writing, this agreement will be interpreted under the laws of Western Australia. You agree to submit to the jurisdiction of the Courts of Western Australia.
to:
12.2 This agreement will be interpreted under the laws of the Australian state or territory in which you ordinarily reside, or if you ordinarily reside outside Australia, under the laws of Western Australia. You agree to submit to the jurisdiction of the courts of the state or territory under which this agreement is to be interpreted.
Paragraph 12.3:
Changed from:
12.3 The contact telephone number for customer service is 1300 725 913. The contact telephone number of the National Relay Service is 133 677. The contact telephone number of the Translating & Interpreting Service is 13 1450.
to:
12.3 No Reliance: You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us on our behalf not expressly set out in this Agreement.
Release: You accordingly release us and each of our offices, Agents, Resellers and Advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerned this Agreement before it was signed or the services being used, and from the negotiations leading to it.
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New paragraph 12.4:
12.4 Should any term of this Agreement be declared void or unenforceable by any Court of competent jurisdiction, such declaration shall have no effect upon the remaining terms hereof.
New paragraph 12.5:
12.5 Any claim arising out of this agreement shall be commenced by you within 6 months from the date that the cause of action in respect of such claim arose, failing which you shall be barred from any further prosecution of that claim.
New paragraph 12.6:
12.6 The contact telephone number for customer service is (07)40411218. The contact telephone number of the National Relay Service is 133 677. The contact telephone number of the Translating & Interpreting Service is 13 1450.
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Changes to the Acceptable Use Policy
Paragraph 5.1 (insertion in italics):
5.1 Unless the product description indicates otherwise, you must not run an email server on a consumer grade service.
Paragraph 5.14 moved to paragraph 4.5:
Apart from renumbering, no changes were made to that paragraph.
Paragraphs 8.0 and 8.1 (insertions in italics; deletions struck out):
8.0 Fair home use guidelines for 512Kb/s "unlimited" plans
8.1 We have an obligation to all of our customers to provide fast and reliable network access. If you enter the top 1% of volume users for your plan on our network, we may request that you change to a business grade another plan. Alternatively, we may decline to renew your account at the end of the current billing period.
New paragraph 8.2:
We have introduced paragraph 8.2 because our major upstream wholesale provider has included it in our agreement with them.
8.2 We may terminate, restrict or suspend an ADSL service without notice if in any one month period:
- the sum of data uploaded and data downloaded exceeds 30 gigabytes, and
- the amount of data uploaded is more than the amount of data downloaded.
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