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The SFOA contains important information about your rights and obligations. A summary of the SFOA can be found here.

Standard Form of Agreement under Part 23, Telecommunications Act (1997).

iiNet Limited ABN 48 068 628 937
V3.0 Copyright © Updated July 2003


Contents


Introduction

This document sets out the terms and conditions of Your Internet Access with iiNet. Under Part 23 of the Telecommunications Act (1997), suppliers of telecommunications services may register with the Australian Communications Authority a Standard Form of Agreement (SFOA) that governs the supply of such Internet services. This document is online at http://www.iinet.net.au/products/sfoa.html and a copy is available on request from iiNet. This document governs all Internet Access and similar services provided by iiNet as of March 2001 and will remain in force until revoked or by operation of law. This document replaces all previous contracts and Acceptable Use Policies and applies to all iiNet customers. It is governed by the laws of the Commonwealth of Australia and the State of Western Australia.
A summary of the SFOA can be found here.

Definitions
In this document, certain words and phrases are capitalised and defined for the purpose of accuracy. Definitions can be found at the end of this document.

Standard Form of Agreement


1.0 Service Agreements

1.1 In accordance with the terms and conditions set out in this SFOA, the iiNet Service Schedule and Your application, You (the customer) agree to acquire, and iiNet agrees to supply You with the required Services for Internet Access. Individual Service terms and conditions apply in addition to the provisions set out in this SFOA. The terms and conditions of bliink, wiink, ADSL and Domain Services can be found at http://www.iinet.net.au/products/termsandconditions.html. The terms and conditions of iiPhone Services can be found at http://www.phone.iinet.net.au/terms.html
1.2 If deemed necessary, iiNet may vary the terms of agreement in this SFOA. However, where such variation will be of detriment to You, iiNet will publish a summary of the proposed variation in a daily newspaper at least 21 days prior to the variation taking effect. In addition, iiNet will include a notice on Your next bill stating that a variation has been made within 6 months of the variation taking effect.
1.3 The term of this Agreement commences on the actual date of application and continues until terminated in accordance with the terms of this Agreement.
1.4 iiNet will provide You with standard configuration information in order to facilitate Your access to the Service.
1.5 You are responsible for the use of Your Service. iiNet cannot and will not protect You against computer viruses and/or other possible security problems. iiNet cannot and will not control or censor the material that is available to You on the global Internet. If You are confronted with material which You believe to be illegal, You can report it to the Australian Broadcasting Authority.
1.6 Advice from iiNet on the filtering software available can be found at http://www.iinet.net.au/support/softwarefilters.html
1.7 Your password is the means by which You control the security of Your Internet account and protect it from any unauthorised usage. You are responsible for Your password and must take due care not to disclose it to any unauthorised person. As Your password is the authority for and means of protecting Your Service, iiNet recommends You change Your password regularly to protect Your security online.
1.8 Prior to entering into this Agreement, iiNet may make enquires into your credit history with a credit reporting agency. If Your credit history is deemed to not be acceptable based on iiNet's prudent business standards, iiNet may reserve the right to refuse to enter into this Agreement with You.


2.0 Rights of iiNet

2.1 Under this Agreement iiNet may:
 
(a) delete any transitory data stored on iiNet servers for a duration exceeding 90 days;
(b) reject any email (including attachments), which exceeds 5mb (including encapsulation) and is sent to You via any of iiNet's mail servers.
(c) where it is deemed necessary in order to comply with iiNet's Legal Obligations, iiNet may monitor data accessed or transmitted by You while using the Service;
(d) take any steps deemed necessary to comply with iiNet's Legal Obligations under the relevant State or Federal legislation, industry code of practice or under direction from a relevant regulatory authority or court order;
(e) increase the amount You are charged for Your Internet Service (Charges of the Service) by providing You with 21 days notice;
(f) vary the conditions of the Service by providing You with 21 days notice;
(g) remove a Service by providing You with 21 days notice.

3.0 Your Obligations

3.1 You must be aged 18 years or over.
3.2 You will:
 
(a) not engage in any Prohibited Activity, whilst using Services provided by iiNet;
(b) not in any way attempt to interfere with, the operation of:
 
(i) the Service;
(ii) the iiNet network;
(iii) other iiNet customers/clients;
(iv) the network of a supplier who is interconnected with the iiNet network; or
(v) any iiNet equipment or facilities associated with the Service; and
(c) provide all reasonable assistance necessary to assist iiNet in providing the Service, including, but not limited to:
 
(i) co-operate with iiNet at Your own cost, so that iiNet is able to provide the Service efficiently;
(ii) obtain and maintain any authorisation, permission, licence, waiver, registration or consent from any person necessary for iiNet to provide the Service; and
(iii) obtain and maintain any necessary permission or co-operation from a carrier or other person for the connection or maintenance of iiNet equipment and/or for the connection to Your Service.

4.0 Content on the World Wide Web (WWW)

4.1 iiNet provides access to the WWW, but does not control content on the WWW. We cannot protect you from, or censor, the content appearing on the WWW or received by you via email or electronic messaging, and you must not hold us liable for any offensive, annoying or inappropriate material accessed or received by you. Information regarding software you can install to filter content is available at

http://www.iinet.net.au/support/softwarefilters.html

If you see or receive material that you think is illegal, you can report it to the Australian Broadcasting Authority www.aba.gov.au.

4.2 Spam and Virus Protection

As of 15 November, 2004 , iiNet is providing free anti-spam and anti-virus protection for email to customers using iiNet"s Freedom and Explorer dial-up accounts, and all bliink broadband accounts.

All known viruses and spam messages will be automatically filtered and removed from mailboxes, however if you prefer not to take advantage of this service, you can turn off or modify the service at any time through the web-based "tool box." Your iiNet AntiVirus and AntiSpam settings are specific to each mailbox.

In addition to enabling the email AntiSpam Filter, you may choose whether you prefer to delete or tag spam messages. Tagging spam messages will label any spam message that you receive with "iiSpam" within the subject line. It is then your responsibility to filter your own message or choose to automatically delete tagged messages. By selecting delete, the AntiSpam filter will detect nearly all spam messages (99.999% accuracy) and delete them automatically.

iiNet's Email AntiVirus is an email-only virus filter. It is recommended that you also use a desktop anti-virus solution to ensure that your system is fully protected from harmful viruses.

iiNet's anti-spam and anti-virus protection is powered by IronPort's C-Series Email Security Appliance. Symantec provides the anti-spam solution and Sophos provides the anti-virus protection.

5.0 Service Support

5.1 iiNet operates a 24-hour help desk, which is staffed every day of the year. If You experience any difficulties with Your Internet Access, email support@iinet.net.au or telephone 13 22 58.
5.2 You may contact us by email, telephone, post or facsimile. We may contact You by email, telephone, post or facsimile.
5.3 Advice from iiNet's staff is given in good faith and with the best of intention, however iiNet does not represent that its staff are experts in the operation of Your computer hardware or software. You undertake to act on any advice given by any iiNet staff member at Your own risk.
5.4 iiNet makes reasonable efforts to ensure that the information on the iiNet website is correct and up to date. However, iiNet does not warrant the accuracy of that material.

5.0 Licence

6.1 iiNet grants to You a non-exclusive, non-transferable, revocable licence to use the Software for the purposes of receiving the Services for the term of this Agreement.
6.2 You must not under any circumstances or for any reason:
 
(a) make any copies of the Software;
(b) disassemble, decompile or otherwise reverse engineer the Software or create derivative works based on the Software; or
(c) distribute or supply the Software to any person.

7.0 Billing

7.1 You must pay all Charges for the Service in accordance with this Agreement, which may be varied from time to time.
7.2 The set-up fee is processed upon the Commencement Date and is non-refundable.
7.3 iiNet will issue You with an invoice in accordance with the period described in the Product Page for the Service. In addition, iiNet reserves the right to:
 
(a) at any time issue an interim invoice for accrued Charges and miscellaneous works which shall become payable in accordance with this clause 6; and
(b) invoice You upon You ceasing, for any reason, to be an iiNet customer.
7.4 All portions of Usage are Charged for and unused allocations are not transferable or refundable.
7.5 iiNet reserves the right to re-issue an invoice if any error is subsequently discovered.
7.6 Your invoice will be calculated by reference to data recorded or logged by iiNet. Records held by iiNet will be conclusive evidence of the Usage of the Service and the Charges payable by You.
7.7 Unless otherwise stated in the Service Schedule, Invoices may be paid by Cash, Cheque, Credit Card, EFTPOS, BPAY, Direct Debit or at a General Post Office.
7.8 You must pay an invoice by the Due Date. Payment must be made in full by the manner prescribed for the Service in the Service Schedule. You may not make any allowance by way of set-off or withholding.
7.9 Where You are permitted to pay at the Post Office, by BPay, cheque or automated credit card payments over the phone, You must pay the amount at least 5 business days before the Due Date. This is due to processing times of third parties.
7.10 Unless expressly stated otherwise, all Charges under this Agreement are inclusive of GST. Where Charges are expressed to be exclusive of GST, You must pay to iiNet in addition to the Charges for the Services, an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time as any part of the Charges for the Services is payable. iiNet will issue a tax invoice to You for the supply of those Services at or before that time.
7.11 The following instances incur additional Charges:
 
(a) dishonored or cancelled payments;
(b) overdue invoiced amounts. In addition, IiNet reserves the right to pass on details to a Credit Reporting Agency for any payments which are more than 60 days overdue. This information may include personal details and account particulars, and listing of default and clearout status;
(c) any expenses, costs or disbursements incurred by iiNet in recovering any outstanding monies including dishonour fees, debt collection, agency fees, and legal fees;
(d) requests for Your Usage logs;
(e) requests for logs of Your recorded calls to iiNet support;
(f) any Prohibited Activity that in iiNet's reasonable opinion adversely affects iiNet's network;
(g) calls made by You to a third party that results in a charge levied against iiNet; and
(h) any additional instance(s) which cause a charge to be levied against iiNet.
7.12 If You provide a credit card or direct debit authority, it will be automatically debited for future invoices. If Your Service does not require credit card details and You do not want a payment to be charged against an existing credit card or direct debit authority, 14 days notice is required.
7.13 Where credit card details are supplied by You or required for a Service, the credit card will also be used for all invoices for other Services grouped with this Service.
7.14 Any refunds granted will be less an administration Fee except where iiNet is found to be at fault. All refunds are reimbursed by cheque only.
7.15 iiNet does not refund unwanted Purchased Equipment. If You require a different model, iiNet allows 7 business days, from the date You receive the Purchased Equipment, to return to iiNet at Your own cost, any unopened Purchased Equipment from iiNet. Credit to Your account will be less a 15% restock fee. No credit will be applicable on any Purchased Equipment returned unopened or after the 7 business day period.

8.0 Suspension and Termination

8.1 iiNet may suspend the Service without notice where:
(a) iiNet is required to undertake the repair, maintenance or Service of any part of the iiNet network;
(b) it is reasonably required to reduce or prevent fraud or interference within the iiNet network;
(c) iiNet is required to comply with iiNet's Legal Obligations;
(d) You:
 
(i) do not pay any Charge due by the Due Date;
(ii) breach Your obligations outlined in clause3.2; or
(iii) any of the events described in clause 8.6(a) - (d) occurs; or
(e) Your continued use of the Service in iiNet's reasonable opinion adversely affects iiNet's network.
8.2 Where iiNet suspends the Service, that suspension will be without prejudice to iiNet's right to terminate supply of the Service to You for the same breach in accordance with clause 8.6.
8.3 Despite any other provisions of this Agreement, iiNet will not be liable to You, or any person claiming through You, in contract, tort or otherwise (including negligence) for any loss or damage arising from suspension of the Service in accordance with clause 8.0.
8.4 You may terminate this Agreement at any time on the provision of 5 business days notice to iiNet. The preferred method is via telephone. Termination requests via email, fax, or letter will result in a request for verification via email, as iiNet must verify the request is genuine. You will be liable for all Charges until verification has taken place.
8.5 Where You terminate this Agreement and have:
 
(a) pre-paid Fees for a set term, no refund is payable;
(b) a Service with a contract period, Service termination within the contract period will incur a break fee; or
(c) a volume charged Service, you will immediately be invoiced for any volume usage during the month.
8.6 iiNet may terminate this Agreement immediately by notice to You if:
 
(a) You have breached this Agreement and in iiNet's opinion such breach is not capable of remedy;
(b) You have breached this Agreement (NB: such breach is capable of remedy) and after notification You fail to remedy such a breach within 14 days of receiving email notice of that breach;
(c) a provisional liquidator, liquidator, receiver or receiver and manager or any other administrator of Your business or assets is appointed or if You enter into any composition or arrangement with Your creditors;
(d) Your Service has been suspended for an extended period of time;
(e) You change Your address or billing account contact details without notifying iiNet; or
(f) You are an individual and in the event of Your death.
8.7 You remain liable for all Charges payable under the Agreement in respect of the provision of Services from the time of termination to the end of the relevant payment period or Contract Period.

9.0 Consequence of termination

9.1 On termination of this Agreement:
 
(a) Your right to use the Service ceases;
(b) if You have not paid to iiNet the Equipment Charges for any Purchased Equipment, iiNet will immediately invoice You for any outstanding amount on the Purchased Equipment;
(c) all Charges for use of the Service and all other amounts owing by You to iiNet (including Equipment Charges) will become immediately due and payable. Any payment details held on record will be used against outstanding invoices. In addition, where a Service is charged at the end of the month, Charges will be applied at the end of the month; and
(d) where a Service requires the payment of a Cancellation Charge You are responsible for paying that Cancellation Charge in full, by the specified due date.
9.2 Termination of this agreement does not affect any of the accrued rights or liabilities of either party, nor does it affect any provision that is expressly or by implication intended to operate after termination.

10.0 Third Parties

10.1 iiNet is not liable for any call charges incurred by You dialing into our service. It is Your sole responsibility to ensure that the iiNet number You are dialing into is a local call only. You are responsible for any third party carrier costs incurred for call connection fees from Your modem to Your iiNet dialup number.

11.0 Purchase of Equipment

11.1 If You choose to Purchase Equipment from iiNet the following terms apply:
 
(a) You must pay the Equipment Charges in accordance with the manner prescribed in clause 7.0;
(b) the responsibility for the well being and risk in of the Purchased Equipment is passed to the address indicated on Your application form or by You, on delivery from iiNet; and
(c) title in Purchased Equipment passes to You upon the receipt by iiNet of all the Equipment Charges.

12.0 Warranties

12.1 iiNet makes no warranty about the performance characteristic or capability of the Software.
12.2 iiNet does not warrant that Services will be free of blockages, delays or faults and iiNet is not responsible for any loss or damage which may occur as a result. Downtime will not be compensated for unless it is required by State or Federal law.
12.3 Connection speeds cannot and will not be guaranteed, nor can iiNet guarantee connection to any particular Internet site.
12.4 Network performance may vary among Services, and iiNet may manage iiNet's network to ensure fair and equitable Usage.
12.5 You warrant that You have not relied on any representation made by iiNet, its officers, employees or agents, which has not been stated expressly either in this Agreement or upon any description, illustrations or specifications contained in any document (including brochures, advertising or publicity material) produced by iiNet and You acknowledge that to the extent iiNet has made any such representation You have been provided with an opportunity to independently verify the accuracy of that representation and You entered into this Agreement solely in reliance upon either Your verification or Your decision not to verify (as the case may be).
12.6 To the extent permitted by law iiNet excludes all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by iiNet of the Services or Software.
12.7 To the extent that iiNet's liability by operation of law cannot be excluded under clause 12.6 iiNet's liability shall be limited to:
 
(a) in the case of goods:
 
(i) to iiNet repairing or replacing those goods; or
(ii) where re-supply of the goods is not possible, fees paid for those goods.
(b) in the case of services:
 
(i) to iiNet re-supplying those Services; or
(ii) where re-supply of the Services is not possible, to the extent of fees paid for the Service for the period the Service was not supplied. Where a substitute Service has been supplied, liability is limited to the difference in cost between the two Services.

13.0 Limitation of Liability

13.1 Except as provided by clause 12.7, iiNet excludes all liability for any other loss or damage (including but not limited to consequential or indirect loss or damage or any economic loss or business interruption loss or lost profits or loss of opportunity or Your liability to other people under contracts or otherwise) however caused (whether by negligence or otherwise) which may be suffered or incurred by You as a result of, or which may arise directly or indirectly in respect of, a failure or omission on the part of iiNet to comply with its obligations under this Agreement.
13.2 13.2 iiNet is not liable to You or to any other person for any other loss or damage (including but not limited to consequential or indirect loss or damage or any economic loss or business interruption loss or lost profits or loss of opportunity or Your liability to other people under contracts or otherwise) that arises directly or indirectly in respect of:
 
(a) acts or defaults of a third party;
(b) faults or defects in the Services, Software or Purchased Equipment which are caused to any material extent by Your own conduct or misuse; and
(c) faults or defects that arise in telecommunications services not provided under this Agreement.

14.0 Indemnity

14.1 You must indemnify and keep iiNet indemnified against any loss, cost, liability or damage (including, without limitation, legal costs on a solicitor/client basis) incurred or suffered by iiNet, which arises from or is connected with:
 
(a) Your breach of this Agreement;
(b) any claim or demand against iiNet (including, without limitation, for negligence) by any person other than You to or through whom the Service, or any service which uses or relies on the Service, is supplied or distributed, which arises from or is connected with iiNet's supply of the Service or any ancillary service; and
(c) any damage which You or Your employees, agents or contractors cause to the iiNet Network, iiNet equipment or any other iiNet property.

15.0 Privacy

15.1 iiNet 's privacy policy can be found at http://www.iinet.net.au/about/privacy-policy.html

16.0 Complaints procedure

16.1 If You wish to make a complaint about iiNet, our Services or any associated matter, You may contact us by email, telephone, post, facsimile or by using the online complaints form at https://www.iinet.net.au/feedback/. Wherever possible, complaints will be dealt with promptly, and where possible You will receive a response within 5 working days.
16.2 If You are dissatisfied with the outcome of Your complaint, You may choose to escalate the complaint internally by requesting to speak to a supervisor.
16.3 As a last resort, the Telecommunications Industry Ombudsman offers a full complaint procedure. Details are online at http://www.tio.com.au/

17.0 Invalidity

17.1 If a provision of this Agreement or a right or remedy of a party under this Agreement is invalid or unenforceable in a particular jurisdiction:
 
(a) It is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
(b) It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
17.2 This clause is not limited by any other provision of this Agreement in relation to severability, prohibition or enforceability.

18.0 Waivers

18.1 A waiver of a provision of this Agreement or a right or remedy arising under this Agreement, including this clause, must be in writing and signed by the party granting the waiver. Unless otherwise specified a waiver is valid for 7 business days.
18.2 A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right.
18.3 Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver.
18.4 A waiver is only effective in the specific instance and for the specific purpose for which it is given.

19.0 Cumulative rights

19.1 19.1 The rights and remedies of a party under this Agreement does not exclude any other right or remedy provided by law.

20.0 Force majeure

20.1 iiNet is not liable for:
 
(a) any delay in installing any Service;
(b) any delay in correcting any fault in any Service;
(c) failure or incorrect operation of any Service; or
(d) any other delay or default in performance under this Agreement,
if it is caused by any event which is reasonably beyond our control, including but not limited to compliance with iiNet's Legal Obligations, war, accident, industrial action, embargo, delay or failure or default by any other supplier.

21.0 Continuing indemnities and survival of indemnities

21.1 Each indemnity contained in this Agreement is a continuing obligation despite a settlement of account or the occurrence of any other thing, and remains fully effective until all money owing, contingently or otherwise, under an indemnity has been paid in full.
21.2 Each indemnity contained in this Agreement:
 
(a) is an additional, separate and independent obligation and no one indemnity limits the generality of another indemnity; and
(b) survives the termination of this Agreement.

22.0 Entire Agreement:

22.1 This Agreement contains the whole understanding between iiNet and You to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.

23.0 No Assignment

23.1 iiNet may on 30 days' written notice to You, assign all its rights and obligations under this Agreement.
23.2 You may not assign Your rights under this Agreement or otherwise transfer the benefit of this Agreement or a right or remedy under it, without the prior written consent of iiNet.

24.0 Notice

24.1 Any notice provided under this Agreement must be provided in writing. For the purposes of this clause, You agree that an e-mail constitutes notice in writing and that an email will be deemed to have been received by You where iiNet sends an email to Your iiNet email address, and iiNet does not receive a delivery failure report for that email.


Definitions

Singular definitions include the plural and vice versa, where the meaning requires it.

Agreement means the terms comprising of the Standard Form of Agreement, Your application and the Service Schedule.

Cancellation Charge means the Cancellation Charge for the Service specified in the Service Schedule.

Charges means the charges for the Service specified in the Product Page.

Commencement Date means the date on which iiNet notifies You that the Service is ready for use.

Denial-of-Service Attacks means behaviour that results in disruption of iiNet's Service, disruption of other people's Internet Access, which includes but is not limited to computer viruses, email bombardment and damage to Internet-connected resources.

Due Date means the specified date on the invoice by which payment must be received.

Equipment Charges means the charges for particular customer equipment as described in the Product Page as varied from time to time.

iiNet means iiNet Limited, (A.C.N. 068 628 937) of Level 6, 263 Adelaide Tce, Perth, Western Australia. Our postal address is Locked Bag 16, Cloisters Square, Perth Western Australia 6850. Our telephone number is 13 22 58. Our general email address is support@iinet.net.au.
iiNet's Legal Obligations means obligations arising under any State or Federal legislation, by order, direction or request of a government agency or semi-government agency (including any emergency services organisation), any order of a court, or to comply with any industry code of conduct.

Internet Access means connection to the global network of networks known as "The Internet" using software protocols supported by the Internet Service Provider (ISP) to connect Your computer equipment to the ISP's network. This includes access to emails and the world wide web.

Open Third-Party Mail Relay means the use of a mail server which allows a mail message to be delivered by an unauthorised person.

Product Page means the page found at http://www.iinet.net.au/products/ as varied from time to time.

Prohibited Activities means misuse of the Internet Access including:

(i) deliberately or unintentionally disrupting the Service, or engaging in any activity likely to disrupt the Service
(ii) engaging in Spamming;
(iii) misusing the Internet Access in a manner identified by a competent law enforcement official as unlawful such as copyright violations, defamation or fraud;
(iv) using Your Internet Access to menace or harass others;
(v) Denial-of-Service Attacks on other users or networks;
(vi) using Your Internet Access to unlawfully obtain access to other networks;
(vii) using Your Internet Access to make offensive, inappropriate or off-topic posts to moderated Usenet News;
(viii) operating any server as an Open Third-Party Mail Relay; or
(ix) engaging in any other form of activity that in iiNet's opinion does, or could reasonably be expected to, adversely affect iiNet's commercial reputation or interests, iiNet's network or users of iiNet's network.

Purchase(d) Equipment means any equipment to be purchased by You from iiNet.

Service means the service described in the Service Schedule selected by You.

Service Schedule means the schedule to the Service for Internet Access as varied from time to time and found at http://www.iinet.net.au/products/serviceschedule.html

Software means any software provided by iiNet to You for the purposes of iiNet providing the Service to You.

Spamming means unsolicited bulk electronic messages sent by You which in iiNet's opinion, having regard to prevailing industry practices constitutes a breach of acceptable use of the Internet Access.

Standard Form of Agreement (SFOA) means the terms and conditions set out in this document.

Tax means any taxes (including goods and services taxes), levies, imposts, deductions, charges, withholding's and duties (including stamp and transaction duties).

Usage means the measurement of time or data generated by Your Internet Access.

Usenet News means the hierarchy of newsgroups.

You and Your refer to the account holder of the Service, and includes any person authorised by the password.
 
  Standard Form of Agreement
  SFOA Summary
  Terms and Conditions
  Product Variations
  Service Schedule
 

 

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