This is our acceptable use policy and terms and conditions for supply of services. Despite their unusually simplistic format, these terms remain contractual in nature.
These terms are in effect immediately for new customers and for customers who first purchased a product or service from us prior to February 5, 2010 they take effect from your first billing date after March 7, 2010 and remain in effect until replaced provided one calendar month notice is given by Chombo Pty Ltd.
By signing up and using our service, you acknowledge that you have read and agreed with the conditions and obligations of this agreement.
DISAMBIGUATION
THE CUSTOMER, CUSTOMER or CLIENT refers to an entity, either a natural person or corporate in nature, which receives services from THE PROVIDER. THE PROVIDER, PROVIDER, or CHOMBO refers to CHOMBO PTY LTD ACN 129 258 037. SERVICE or SERVICES refers to any product or services delivered, provided or otherwise supplied in any capacity by THE PROVIDER. RESOURCES or RESOURCE refers to any allocation of tangible or intangible product or service of which the user is entitled, either contractually or by any relevant law or statute.
For the sake of this document and notwithstanding standard readings of any of the aforementioned, or unless specifically exempted by way of contextual disambiguation; grammatical, spelling, typographical or semantic errors should be considered contractually equivalent of their non-erroneous forms, as should non-plural forms of their counterparts be considered equivalent of their plural forms and vice-versa. All terms should be considered case insensitive, with differing cases considered equivalent for the purposes of this agreement.
RIGHTS
THE CUSTOMER may expect a SERVICE that is of merchantable quality, as defined in the Trade Practices Act 1974. Whilst the PROVIDER may provide the service on a best-effort basis, the CUSTOMER may request and expect remuneration up to and including the full purchase price of the service, exempting any additional costs incurred by the CUSTOMER.
THE CUSTOMER may expect to use all SERVICES and RESOURCES as advertised by the PROVIDER, notwithstanding mitigating circumstances such as network outage, hardware/software failure, disaster (whether natural or unnatural) or otherwise. In the instances that the CUSTOMER is not able to use the advertised resources, the PROVIDER must provide explanation and may, as a gesture of goodwill, provide remuneration in an effort to maintain customer satisfaction. This remuneration may be in the form of a monetary deposit, a credit of services or in any form that the PROVIDER believes is adequate. Any remuneration should be considered a gesture of goodwill and is NOT to be considered a reward for damages.
THE CUSTOMER must not assign, sell or otherwise dispose of your rights and obligations under the Agreement without our express written consent.
THE PROVIDER may bill the CUSTOMER for any SERVICES or RESOURCES used by the CUSTOMER. The CUSTOMER also acknowledges and agrees that the PROVIDER may share personal details with any debt collection agency or credit reporting agency should the CUSTOMER default on a payment. You may be charged a fee should this occur, including but not limited to an administration charge, debt collection costs, and interest.
THE PROVIDER may suspend/cancel the SERVICE at any time, for any CUSTOMER, without reason upon 30 days notice by email to your registered email account. With the exception of a breach of this agreement, the PROVIDER will refund any remaining credit to the customer within 7 days of suspension or cancellation. This notice period can be waived if we THE PROVIDER feel that providing such a notice period will result in a situation which is against the law or will impact on THE PROVIDER's business in a negative manner.
THE PROVIDER may suspend/cancel the SERVICE at any time to mitigate a breach of our terms of service. In this scenario, the PROVIDER may deduct an amount from the remaining credit of the CUSTOMER to mitigate any costs incurred as a result of the violation and the CUSTOMER also acknowledges that they are responsible for any further reasonable costs incurred as a result of the breach.
THE PROVIDER may impost an administration fee in the form of a Late Payment Fee on the CUSTOMER of not more than $3.30 per invoice should any invoice remain unpaid past its due date by FOURTEEN (14) DAYS or more. We may also charge an administration fee in the form of a Dishonour Fee if the CUSTOMER uses a method of payment and has a payment refused and we incur any charge for the payment provider. This fee will be the original amount plus up to TWENTY (20) PERCENT of the actual fee we are charged by the payment provider.
THE PROVIDER may assign some or all of our rights under this document to any person. We may transfer some or all of our obligations under this document to: a related entity, or a purchaser of THE PROVIDERs business, on condition that the transferee agrees to provide the Service to you on materially the same terms and conditions of this document. We may perform any of our obligations under this document by arranging for them to be performed by another person. We will still be responsible for the performance of the obligations we have to the CUSTOMER.
THE PROVIDER may withdraw any paid service at any time, without reason upon 30 days notice by email to your registered email account. Any remaining credit for this service will be refunded within 7 days of the product being withdrawn. If the service being withdrawn is not a paid service, that is, is a service we offer free of charge, we may choose to only give 7 days notice by email to your registered email account.
LIMITATIONS
THE CUSTOMER may not run restricted services which includes, but is not limited to the following: IRC bots, clients, bouncers (including applications such as Irssi, BitchX, PsyBNC, Eggdrop etc), voice/game servers (including Counter Strike, Ventrilo, TeamSpeak, Mumble) and any service which tunnels/redirects network access, including proxies. All accounts which partake in these or similar activities may result in immediate account suspension or termination and the forfeiture of any unused credit.
THE CUSTOMER may not run any service which negatively impacts the performance of any other user. The PROVIDER will take reasonable steps to ensure that the CUSTOMER is notified of any breach of this clause and is given a period of TWENTY-FOUR (24) hours to resolve the situation before an account is suspended until the situation is resolved.
THE CUSTOMER may not use in excess of 2GB of inbound traffic (over any protocol) per month. Customers who use in excess of this amount will be provided with a quote for additional inbound data which if accepted will be charged at the quoted rate. If the quote is refused the account will be suspended until the end of the billing period.
THE CUSTOMER has access to a pre-paid funds facility when they open an account with THE PROVIDER. This service is provided as a convenience, and no interest will be paid on funds deposited into this facility. We may withdraw the pre-paid service at any time and any funds held in the facility will be refunded within 7 days. We choose the right to refuse to hold a balance above a set limit, and we reserve the right to set a minimum and maximum deposit for this facility. These limits will be displayed in your client area.
THE CUSTOMER may not use their account as a backup service. Whilst the sharing of user-generated media is both allowed and encouraged, the use of the SERVICE as a file dump is not without the prior permission of the PROVIDER. The PROVIDER will take reasonable steps to ensure that the CUSTOMER is notified of any breach of this clause and is given a period of TWENTY-FOUR (24) hours to resolve the situation before an account is suspended until the situation is resolved.
THE CUSTOMER may not use the service to send bulk, unsolicited email, nor may they use the service to impersonate another user for the purposes of personal or financial gain. The CUSTOMER may also not use the service to gain unauthorised access to any other information system. All accounts which partake in these or similar activities may result in immediate account suspension or termination and the forfeiture of any unused credit.
THE CUSTOMER may not hold the PROVIDER responsible for loss of information, loss of profit, loss of business continuity, down-time or any other ill-effect directly or indirectly related to the use or misuse of any service provided by the PROVIDER. The CUSTOMER acknowledges that it is their responsibility to ensure that their data is backed up at all times and that they must maintain their own disaster recovery plans independent of the PROVIDER. Whilst the provider may maintain backups of CUSTOMER data, the CUSTOMER acknowledges that these are provided on a best-effort basis.
THE CUSTOMER may not use the SERVICE to transmit, receive or otherwise communicate any of the following material: pornography, excessively violent/racist media, content for which the customer does not have licensed or implied rights or for which the use of the media is not considered fair use and any media that is considered illegal within the Australian jurisdiction. All accounts which partake in these or similar activities may result in immediate account suspension or termination and the forfeiture of any unused credit.