Sign up to Australia On Line dial-up Internet.

From $3.90 per month, uninterrupted unlimited hours dial-up internet.

SERVICES

  • Australia On Line Pty Ltd ACN 064 289 925 trading as Australia On Line Pty Ltd, Ozonline, Lizzy or Lizzy Hosting (the Provider) offers communication services (the Service) to you (the Customer) according to these Terms and Conditions and according to further terms as specified in the Service’s Schedule and Service Request which collectively will be known as the Agreement.
  • Where these Terms and Conditions, Service Schedule and Service Request contradict one or the other in any respect then the provisions of the Service Request will take precedence over the Service Schedule and the provisions of the Service Schedule will take precedence over these Terms and Conditions.
  • The Service may include one or more of :-
    1. Connection to the Internet,
    2. Email dispatch, email collection,
    3. Web hosting,
    4. Junk email filtering,
    5. Internet domain registration,
    6. Internet domain delegation,
    7. Telephone line rental, local telephone calls
    8. Telephone pre-selection of long distance and calls to mobiles,
    9. Voice over Internet Protocol (VoIP) call collection and termination,
    10. Virus scanning,
    11. Mobile wireless broadband,
    12. Mobile Voice,
    13. SMS text messages.

SERVICE REQUEST

  • The Provider shall only make Services available to you after receiving and accepting a Request for Service from you.
  • The Provider may in their sole discretion decline a Request for Service.
  • The Request for Service records your particulars and identifies the Service you've requested and enumerates any equipment you agree to purchase including any associated postage charges and describes the Minimum Term you've selected.
  • A Request for Service shall be made by a method approved by the Provider, including on an approved application form or via the Provider’s web site or via phone to the Provider.
  • The material particulars of your Request for Service shall be transcribed by the Provider into the Provider’s customer database which shall constitute the enduring and authoritative record of your Request for Service.

MINIMUM PERIOD

  • The Minimum Period or contract term is the minimum period you agree to purchase the Service. Where a Service Request does not specify the Minimum Period or where the Service is described as having no contract term, the applicable Minimum Period shall be one Billing Period.

BILLING PERIOD

  • The Billing Period for each Service is specified in the Service Schedule. The Billing Period is the maximum period that will elapse between fees being levied for a given Service and is the period of time those fees relate to.
  • The Provider may charge fees as multiple installments within a Billing Period where the Provider believes there is a higher risk of customer default as long as the Provider charges no more during the Billing Period than would otherwise be the case with a single levying of fees.
  • A Billing Period may be a Calendar Billing Period or Anniversary Billing Period. Calendar Billing Periods begin on the first day of a month irrespective of which day of the month the Service was commenced. Anniversary Billing Periods begin on the day the Service is activated and further periods begin on the same day of a month on which the Service was initially activated.
  • Calendar Billing Period or Anniversary Billing Period may be monthly, quarterly, yearly or two-yearly.
  • Where a Calendar Billing Period applies to a Service, the first Billing Period will be a short Billing Period being from the inception of the Service to end of the first Calendar Billing Period and consequently the Provider will adjust the fees applicable to the first Billing Period as required to reflect the shorter initial Billing Period.

AGREEMENT TERM

  • You agree to purchase the Service until the end of the term of this Agreement.
  • The term of this Agreement is from the commencement of the Service to the end of the Minimum Period.
  • At the expiration of this Agreement’s term the term shall be automatically extended to the end of the next Billing Period until such time as the Service is cancelled by a means approved by the Provider.

TERMINATION

  • The Provider may terminate this Agreement and hence the Service at any time without notice to you and without the Provider incurring any liability or damages whatsoever.
  • Without limiting the generality of the previous paragraph, the Provider may terminate this agreement immediately for reasons that include, but are not limited to, where the Provider has reason to believe that the Service is being used to violate a third party’s copyright or the Service is being used to send junk email or the Service is being used for illegal purposes or where in their sole discretion the Provider believes you are making unreasonable use of the Service or in such a fashion or to an extent that is likely to adversely impact the Provider’s network, facilities or other customers.
  • You may terminate this Agreement, cancel, by notifying the Provider of your intention to cancel the Service by a means approved by the Provider. In particular notification of cancellation to the Provider shall be by a means described on the web page www.cancel.dev.australiaonline.net.au whereupon a Cancellation Confirmation number will be issued to you. This Cancellation Confirmation number is the sole authoritative means of demonstrating that you cancelled this Agreement and hence the Service and thereby revoked your commitment to purchase the Service. Termination shall take affect at the end of the Billing Period in which notification occurred.
  • Without limiting the generality of the previous paragraph, cancellation of the Service does NOT occur by you failing to pay fees be it by repudiating the transaction at their financial institution or by canceling a direct debit authority or by canceling their credit card or by allowing the credit card information held by the Provider to expire or by any other failure by you to pay fees to the Provider.
  • Financial institutions do not necessarily communicate with merchants in a timely fashion and as such you will continue to accrue liability for fees until such time as the Provider is notified of your intention to cancel by a method approved by the Provider.
  • Where you assert that you have cancelled and this is disputed by the Provider, the sole authoritative proof of your cancellation is the Cancellation Receipt number provided by canceling at www.cancel.dev.australiaonline.net.au.
  • For avoidance of doubt, you agree to continue purchasing the Service and agree to be liable to pay all fees as described in the Service Schedule and Service Request, irrespective of whether you make use of the Service or not, until the end of the Billing Period in which you terminate this Agreement and hence terminate the Service.
  • Where the Service Request specifies a Minimum Term or contract term and you request the Service to be terminated prior to the expiration of such a term, you will be obliged to pay an early termination fee as specified in the Service Schedule or Service Request.

FEES

  • You accept liability for the payment of all fees, including Setup Fees, Access Fees, Minimum Fees, Usage Fees, cable installation fees, Telephone Line Rental and Telephone Call Fees, card card transaction fees or account debit fees incurred in relation to the Service, irrespective of whether such fees arise from usage that is authorized by you or not.
  • A Minimum Fee or Access Fee is a fee payable in recognition that the Provider has made the Service available for use by you during the applicable Billing Period irrespective of whether you have actually made any use of the Service during the Billing Period or not. A Minimum Fee is levied in advance at the beginning of the Billing Period
  • Minimum Fees billed according to a Calendar Billing Period are calculated pro-rata such that if you join part way through a Billing Period you will only be charged for that part of the Billing Period that remains and the next full Calendar Billing Period. Thereafter you will only be charged Minimum Fees for 1 Billing Period at the beginning of the applicable Billing Period.
  • Any Minimum Fees paid in advance are not refundable unless a money back guarantee is in force for the particular service and you request such a refund within the required validity period from registration with the Provider.
  • A Usage Fee is a fee that varies according to usage and is calculated on the basis of volume, duration, quantity or telephone call charges, and is levied at the end of the Billing Period, or more specifically at the beginning of the Billing Period following the Billing Period in which the usage occurred..
  • Telephone Line Rental Fee is the monthly fees paid to have a phone land line present dial tone at your premises. The terms of this Agreement that refer to Access Fees also apply to Telephone Line Rental Fees.
  • Telephone Call Fees are fees associated with a Telephone Service that vary according to the type, origin, destination and duration of telephone calls. The terms of this Agreement that refer to Usage Fees also apply to Telephone Call Fees.
  • An Upfront or Setup Fee is a fee payable once prior to the activation of the Service.
  • If a Service cannot be provisioned by the Provider then any Upfront or Setup Fees shall be refunded except where such fees relate to installation work to your premises and are not refundable to the Provider by its suppliers.
  • Where a Service cannot be provisioned by the Provider and Upfront or Setup Fees are refundable to you they will be refunded in a timely manner.
  • Fees are payable by you to the Provider by a payment method approved by the Provider.
  • Where a credit card is your method of payment, we may charge you a surcharge to cover the fee charged to us by our financial institution for transacting your card. Such a surcharge will not exceed the fees charged us by our financial institution.
  • In the event that our attempt to obtain payment from your chosen payment method is rejected by our financial institution and such rejection results in us being charged a fee we are then entitled to charge you this fee plus an additional $5 in order to recover our costs. Reasons the Provider's financial institution may reject your payment method include but are not limited to when your credit card is cancelled, there are insufficient funds available, there is insufficient credit remaining on your credit card, your card expires or you repudiate a transaction.

UNPAID ACCOUNTS AND FEES

  • Where an attempt by us to obtain payment from you by debiting your credit card or debiting your bank account fails we are authorised by you to make multiple attempts to debit the fees until all outstanding fees are paid in full, where there is a fee levied by our financial institution for each attempt to debit your credit card or bank account we are authorised to pass that fee on to you by adding it to your outstanding fees.
  • Where an attempt to obtain payment by debiting your card or bank account fails or where fees notified to you within a calendar month remain unpaid at the end of that calendar month we are entitled to restrict, suspend, cancel or disconnect the Services we provide to you until such time as full payment is received, whereupon reactivation of the Services may require payment of a reconnection or reactivation fee. In the event Services are disrupted as a result of non-payment part or complete reactivation of a Service may not be possible where upon you agree the Provider is not responsible for the loss of Service and hence you indemnify the Provider in respect of any damages to whatever party that may arise from such disruption.
  • Where an attempt to obtain payment by debiting your card or bank account fails or fees notified to you within a calendar month remain unpaid at the end of that calendar month we are entitled to require you to provide a security deposit as a condition of providing continuing service to you. You will then be required to ensure that your account remains in credit in excess of the security deposit and we are then entitled to debit your chosen payment method such as your credit card or bank account to ensure the amount you have paid to us remains in excess of the fees you owe us by an amount equal to your required security deposit.

RESALE

  • You may not resell the Provider's Services unless expressly permitted by the Provider in writing.
  • Services that may be resold are Web Hosting and Domain Name registation services

FAIR GO POLICY

  • The Fair Go Policy is intended to ensure that no customer is disadvantaged by the behaviour of others and to prevent the Provider's network or that of its suppliers being adverely affected by behaviour the Provider or its suppliers regard as unreasonabe.
  • Examples of unreasonable usage include but are not limited to reselling the Service, using mobile phone services for other than making and receiving calls or SMS, gatewaying or routing SMS from multiple users via the Provider's service.
  • You agree that you will not use or attempt to use the Service to break any law or to infringe another person's rights or to expose the Provider or its suppliers to liability.
  • You agree that you will not use, or attempt to use the Service to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted.
  • You agree that you will not use, or attempt to use the Service in any way which damages, interferes with or Interrupts the Service, the Provider's Network or of the Provider's suppliers.
  • You agree that where the Provider is of the opinion that your usage is unreasonable the Provider may suspend, limit or terminate the Service and that such action by the Provider does not relieve you of any obligation to pay the agreed fees including early termination fees.

INCLUDED DATA

  • Included Data is a monthly data quota that is made available to you as part of the Minimum Monthly Fee and for no additional cost. Where a Service Schedule refers to “download” it refers to data from the Provider to you. Where a Service Schedule refers to “upload” it refers to data from you to the Provider. Where a Service Schedule refers to “data” without reference to either “upload” or “download” then it refers to both upload and download. Unused parts of Included Data expire at the end of the respective month, calendar or anniversary, and are not carried over to the successive month. Once an Included Data quota is used in its entirety the Service may restrict the speed of the Service, referred to as either “Shaping” or “Throttling”, or you may be charged an Excess Usage Fee per Mega Byte or part thereof used. The Service Schedule will specify whether a Service is subject to Excess Usage Fees or Shaping. The application to a Service of either Excess Usage Fees or Shaping is mutually exclusive. Included Data is reissued afresh at either the beginning of the calendar month or upon the anniversary day of the monthy upon which the Service’s plan was applied. Whether a Service uses calendar month or anniversary month for issuing its Included Data is specified in the Service Schedule.

PURCHASED HARDWARE WARRANTY REPLACEMENT

  • Length of Warranty on modems supplied by us to you is one year from purchase.
  • Equipment return under warranty - You may return equipment for testing that is subject to our warranty. If the equipment is determined to be faulty we will replace the equipment and credit your account for reaonsable Australia Post costs in returning the warranty equipment to us. If the returned equipment is tested to be free of fault then you will be charged a $20 service fee and $15 postage and handling to return the equipment to you.
  • If you wish to have equipment supplied to you without having first returned equipment for testing (forward replacement), you may purchase replacement equipment from us (and $15 postage and handling).
  • If you then subsequently return replacement equipment to us with all original packaging and in saleable condition within 15 days of dispatch to you, we will credit the purchase price of the modem to your account (minus a 20% restocking fee). If instead of returning the new modem you return the orignal equipment then as per above, the original equipment will be tested by us and if it proves faulty the cost of the replacement modem plus the postage and handling will be credited to your account.

DIALUP SERVICE

Where the Service includes a dial-up Internet connection :-

  • Where the Service includes Dial-up internet access, you accept that you are responsible for paying all telephone call charges incurred in dialing the Provider’s access numbers.
  • You acknowledge that the Provider has an 0198 access number that is charged as a local call by phone companies. Some accommodation providers such as hotels may impose non-local call tariffs on 0198 access numbers. The Provider also has some non-0198 numbers that are only charged as a local call in specific geographical areas. You agree that it is your responsibility to ensure you are informed of the call charges that will be levied as a result of you calling the Provider’s access numbers and you agree that you accept all responsibility for the payment of these charges.

MAIL SERVICE

Where the Service includes email facilities including email lists :-

  • You understand that the sending of SPAM is illegal in Australia agree not to send unsolicited commercial email using the Provider’s Service.

CASH BACK

  • Cashback offers are intended to encourage customers to purchase a new type of Service (ADSL, Select ADSL, Mobile Broadband, Phone Services) that they are not currently purchasing and have not previously purchased from the Provider. As such cash back offers or other rebates are not available to customers purchasing a type of Service that they are currently purchasing or have previously purchased from the Provider.
  • Cash backs or rebates are not available for services associated with a phone number on which the same type of Service has previously been provided.
  • Where a Service has an upfront fee such as a Setup Fee, Connection Fee or hardware purchase fee, a Cash back Rebate may be offered where the upfront Setup Fee is paid by the Customer at signup and then is claimed back by the Customer. The Cash back offer has an expiry, which is 30 days from purchase or signup for the Service, unless otherwise varied in the Service Schedule. The Customer must claim the Cash back by returning a correctly completed Cash back application via the postal service to the Provider. The Provider will remit the applicable Cash back Rebate to the Customer after 30 days from purchase. The Cash back offer is no longer available where upfront Setup Fees have already been repaid, such as when a Mobile 3G Broadband coverage guarantee is invoked, or where the upfront Setup Fee was never paid by to the Provider under some free setup arrangement where they upfront Setup Fee or part thereof were waived.

ADVERSE NETWORK IMPACT

  • You agree that the Provider may suspend or terminate the Service where your manner of use of the Service either adversely impacts or is likely to adversely impact the ability of other users and customers of the Provider to utilise their respective Services, including but not limited to where you are sending bulk email that results in other networks refusing to accept email from the Provider.

DATA SECURITY

  • You agree to keep confidential information such as passwords and will immediately notify the Provider in the event such information is disclosed.
  • You acknowledge that they are connecting to an insecure public network (the internet) via the Provider and you acknowledge that the Provider is not responsible for any losses or damage that you may experience as a consequence of connecting to the Internet.
  • You agree that you are responsible for ensuring the security of your own computer systems and acknowledge that the Provider is not responsible for preventing attacks upon your systems and the Provider is not responsible for preventing the transmission of malevolent code such as viruses to your computers even when such attacks occur via the Providers facilities.

NOTICES

  • At the Provider’s discretion Notices will be sent to either the Notification Email Address or via Short Message Service (SMS) to the Notification mobile phone number.
  • The Notification Email Address is the email address (Preferred Email Address) advised by you as part of your Request for Service or as further notified by you at a later date. Where you have not advised the Provider of a Notification Address the Notification Address shall be that of any email box provided to you as part of the Service.
  • The Provider may send a notice via Short Message Service (SMS) in addition or instead of sending the notice via email. Notices sent via SMS are sent to the mobile phone number advised by you as part of your Request for Service or as further notified by you at a later date. SMS notices are sent between 12:00 and 20:00 AEST or as adjusted for daylight saving. Where the Provider has an alert that is available to send between 20:00 and 12:00 the alert will not be sent but may be held and sent after 12:00 and before 20:00.
  • It is your responsibility to ensure that the Provider has a Notification Address that will allow notices to be received by you in a timely fashion.
  • Notices will be deemed to have been received 24 hours after dispatch by email to the Notification Address.

NO WARRANTY

  • You acknowledge that the Service is not guaranteed to be error free and is not guaranteed to be without interruption. You agree that the Provider is not liable for any disruption or interruption to the provision of the Service. Where this limitation of the Provider’s liability is held to be invalid, the Provider’s liability will be restricted to the re-supply of the service or to the aggregate fees received by the Provider from you in the Billing Period during which the liability arises.

INDEMNITY

  • To the extent permitted by law the aggregate liability of the Provider to you in connection with this Agreement (whether in contract, tort including negligence, under statute or otherwise) in respect of any loss or damage (including consequential loss or damage) is limited to the fees received by the Provider in the Billing Period during which the liability arises.
  • You agree to indemnify the Provider and hold the Provider harmless from any damages whatsoever to you or to any third party/s as a result of your use of any service provided by the Provider to you or as a result of any act or omission by the Provider, its employees or agents.
  • You acknowledge that the Provider does not and can not exercise control over what content is accessible via the Internet and hence via the Provider’s Service and you acknowledge that there is content accessible on the Internet which is unsuitable for children.

PRIVACY

  • We need to use your personal information so as to provide services to you. We also use this information, including the phone number you call from to access our services, for fraud prevention, billing, call management, and credit control. We may also obtain and provide credit information about you (subject to the requirements of Part IIIA of the Privacy Act) to or from a credit provider or credit reporting agency to make a decision about whether or not to provide credit to you and to update your credit information file with a credit reporting agency. We will not otherwise share your information unless directed by a court or subject to a subpoena or otherwise subject to a lawful request from government or law enforcement agencies.
  • The Provider will maintain records of your usage.

MISCELLANEOUS

  • You agree that the Service is not to be resold except by written permission of the Provider.
  • You agree to permit the Provider to send you electronic and non-electronic information from time to time including information of a promotional nature.
  • The Provider may vary this agreement from time to time such that you are not materially disadvantaged by the variation or in the event that you are materially disadvantaged you will be able to elect to terminate the Agreement irrespective of whether a Minimum Period applies and without incurring a financial penalty for doing so.
  • Where any part of the Agreement is held to be unlawful such parts will be severed from the Agreement in so far as is necessary for the remainder of the Agreement to be permitted by law.
  • This agreement shall be governed by the law in the State of Victoria, Australia.

SERVICE SCHEDULES

Dial-up

$3.90

Billing Period:One calendar month.
Minimum fee or Access fee:$3.90 (inc) per calendar month.
Maximum fee:$23.90 (inc) per calendar month.
Included download data:70 Mbytes.
Additional data:18 cents per MBytes.
Speed shaping (throttling):None.
Included upload data:Unlimited.
Local call:Australia wide via 0198 number.
Sessions:No maximum continuous connection.
Support:Free help desk support 7 days per week 9am-9pm 7pm weekends (Melbourne time).
Email addresses:20 free email addresses.
SMS:5 free SMS messages.
Free web space:10 Mbytes.
Incoming email virus scanning:Free.
Incoming email spam filtering:Free.
Extras:Includes Dial-up Turbocharger™ web/email accelerator.