Terms and Conditions
Our policy is to provide services for the family, home user and small business at the same price everywhere in Australia! If you live in the country, a town or a city, you will always pay the same price!
Locall Australis members receive great value for money, and affordable services that the family can enjoy.
Our services are designed to be shared by members in a fair and equitable manner and not to be monopolized or abused by individuals at the expense of others. During peak times certain bandwidth intensive services eg p2p will be made subject to prioritisation to protect the integrity of the network and to allow fair access to all our customers.
The applications which are subject to restrictions are those, which left unchecked, could saturate all available network capacity and have an impact on the experience that all customers receive. Note: we won't restrict access to sites which need an interactive experience to use. If it takes a few minutes longer to transfer some files using FTP, then we don't believe that this causes a problem.
- Peer-to-Peer (High Demand File sharing applications) – P2P
Includes applications such as: Bittorent, Utorrent, Azeurus, Emule, Limewire and others. - Binary USENET
Includes access to commercial USENET providers such as easynews.com and giganews. These speed restrictions do not apply to text-only USENET servers. - Download sites
A small number of high-volume HTTP download sites which are used for file sharing, such as Rapidshare, Megaupload and Imageshack, as well as a number of commercial Adult sites which provide big file downloads are included in this category. - Download servers
This includes speeds to some 'mirror' sites and servers run by Akamai which provide high-volume HTTP downloads.
Locall Australis does not allow you to send large amounts of unsolicited or unwanted mail to individuals or individual business accounts and complies with directives that restrict sites distributing pirated music, software and hardcore pornography.
New customers and members should be aware that our preferred method of payment is via credit card. We also accept payments by Bpay, cheque and money order.
If you intend to use Locall Australis for purposes not in keeping with this policy, you should make arrangements to find an alternative service more suitable to your needs.
Definitions
1.1 "Locall Australis", "ISP" or "the ISP" refers to Locall Pty Ltd trading as Locall Australis Internet ABN 73 098 042 936, its networks and its system.
1.2 "Customer", "member", "you" or "your" refers to any person or device that connects to Locall Australis for the purpose of gaining access to the system
1.3 The "system" refers to any computer, network, concentrator, terminal, or device that is used to supply services by Locall Australis.
1.4 "Members Area" refers to the area on Locall Australis Web Site used by members to access notices and account information.
1.5 This agreement is governed by the laws in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.
1.6 By using or subscribing to Locall Australis you are subject to the following terms and conditions. Top
Registration
2.1 During the registration process you will be asked for personal information and you authorise Locall Australis to obtain personal information about you to support your application to become a member and to conduct all relevant credit checks and searches to enable Locall Australis to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform Locall Australis of any changes to your personal details.
2.3 Your privacy will be respected at all times, however Locall Australis may monitor or keep any records necessary that relate to your use of the service. Top
Notices
3.1 Regular notices are sent to your email address and or posted in the Members Area for your information. You must regularly check your email address and or the Members Area for important notices from Locall Australis. Notices have been sent when date stamped by the sending ISP mail server and or posted in the Members Area. Top
Your Conduct
4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to Locall Australis.
4.3 If you use obscene language, abuse, threaten or harrass any ISP staff member in person, via the telephone, fax or email your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared in a fair and equitable manner with other members and not to use the system in such a way that, in the opinion of Locall Australis, your actions affect the other members. Top
General Conditions
5.1 Locall Australis may provide space for the use of personal home page. This space is for personal use only and may not be used to promote or operate a business.
5.2 Your use of, or subscription to, any Locall Australis service constitutes acceptance of, and is governed by, these Terms and Conditions. Top
Limitation of Liability
6.1 Locall Australis is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed telephone calls charged by a telephone company to you.
6.2 Locall Australis is dependent on external network and data services, therefore you indemnify Locall Australis for any inability to provide such services which are beyond its control. Locall Australis does not guarantee that access to any system either internal or external to Locall Australis, will be available at any given time or that the files, information or services will be error free or fault free.
6.3 The failure of Locall Australis at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. Locall Australis reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
6.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to Locall Australis, this agreement is legally binding on your parents or legal guardians. Top
Plan Information
7.1 All current plans are published on our web site and on registration forms where Locall Australis services are sold.
7.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and may be subject to special conditions which are in addition to Locall Australis Terms and Conditions. Top
Changing Your Plan
8.1 You may select a different plan at any time by calling our office and speaking to a customer service representative. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect. Top
Cancellation
9.1 To cancel this service, you must provide 30 days notice in writing to Locall Australis. The notice must be signed by the account holder. To protect your security and privacy, email and telephone cancellations are not accepted. Top
Termination
10.1 Locall Australis may close, suspend or terminate your service without a refund or credit if in the opinion of Locall Australis you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement. Top
Dial-UpServices
11.1 Locall Australis provides a service that is available twenty four hours a day to the standard active telephone jack in your premises.
11.2 During peak periods, network capacity may become limited and access is not guaranteed. Multiple logins are not allowed, terminal logins are not permitted and this service may not be used as a Permanent Modem Connection or used to operate a Mail or Web Server or to provide any Publicly Available service.
11.3 For security reasons the standard system settings require you to re-authenticate every three (3) hours followed by a fifteen (15) minute enforced break. Twenty (20) minutes of continuous inactivity also requires you to re-authenticate. Automated attempts, devices or practices to avoid re-authentication are not permitted. Top
ADSL Broadband Service
12.1 If the ADSL Service provided is subject to a contract period, a fee of $99.00 will be charged for cancellation of service within the contract period. A change of address constitutes disconnection and as such an early termination fee will apply if under contract.
12.2 ADSL Service uses Asymmetric Digital Subscriber Line technology and any transmission speeds refer to the maximum theoretical speed achievable by the ADSL Service under ideal conditions.
12.3 No SLA (Service Level Agreement) is provided for this ADSL Service, however Locall Australis will use its best efforts to provide timely restoration of service, however no guarantee is provided. The ADSL Service is not guaranteed to work and there is no time frame for the restoration of ADSL Service in the event of a failure.
12.4 You agree to release and indemnify Locall Australis, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of your telephone service, (b) Cancellation of the ADSL Service for any reason, (c) Suspension of the provision of the ADSL Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by Locall Australis to provide services deemed by the Carrier to be incompatible with the provision of ADSL Service on the nominated analogue telephone line.
12.5 You agree that Locall Australis may use licensed third party suppliers and or contractors for the installation of ADSL services and that Locall Australis may use any Carrier for the provision of ADSL services.
12.6 You must procure for the Carrier, Contractor or Locall Australis all such access to the premises as may be required for the provision of ADSL Service and indemnify the Carrier, Contractor or Locall Australis against any claim by the owner or occupier of the ADSL service premises, or any person, in relation to the entry of those premises.
12.7 You warrant that the end user to whom the Carrier supplies a standard telephone service is the same end user of this ADSL Service and agree that the Installation of the ADSL Service may cause temporary disruption to the standard telephone service nominated by you.
12.8 ADSL Service is available in (4) four theoretical speeds: 256Kbps/64Kbps, 512Kbps/128Kbps, 1.5Mbps/256Kbps and 8Mbps/384Kbps in asymmetric (faster downstream than upstream) configurations with dynamically assigned IP addresses included as part of the standard service. Actual service speeds may be different than the theoretical speeds for reasons which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, (c) Aggregation, and (d) errors in the configuration of your equipment.
12.9 Additional Carrier service features may interfere with the supply of the ADSL Service. These include but are not limited to: (a) Customer Loop Metering, (b) InContact, (c) Line Hunt, (d) OnRamp, (e) Payphone and (f) Siteline. Any other telephony equipment used on the same line as the ADSL Service must be isolated from interference by the use of an appropriate line filter.
12.10 ADSL Service is provided on an "as is" basis and Locall Australis cannot guarantee provision of ADSL Services where the ADSL service is reliant on another Carrier.
12.11 ADSL Service is only available as an overlay to the existing copper local loop provided by the Carrier and due to technical limitations by the Carrier, ADSL can only be provided on a "Qualified Pair" telephone line, as described and determined by the Carrier.
12.12 Should you cancel your telephone service provided by the local loop, the ADSL Service will also cease to function.
12.13 Unless otherwise specified, a dynamically assigned IP address is provided with the ADSL Service.
12.14 ADSL Service is a layer 3 service designed for residential and small business use and is not suitable for activities requiring mission critical services such as Gaming, Video Conferencing, Database interfacing or VPNs etc.
12.15 ADSL services may not be re-sold or used to provide data feeds for other services, locations or systems.
12.16 Unless otherwise specified, the Acceptable Usage Policy for ADSL Service is: (1) 256Kbps/64Kbps = 15GB limit per month, (2) 512Kbps/128Kbps = 25GB limit per month and (3) 1.5Mbps/256Kbps = 35GB limit per month. Once the Acceptable Usage Policy limit has been reached during a calendar month, the speed is slowed to 64Kbps/64Kbps.
12.17 All unlimited ADSL plans or any other ADSL plans specified by Locall Australis may be subject to an acceptable use policy where the service speeds may be reduced to 72 Kbps after 30GB of data is download over a customers anniversary month. Locall Australis reserves the right to reduce service speeds if Locall Australis warrants an end user is excessively downloading data to maintain network performance. Top
Web Hosting Service
13.1 Locall Australis provides no warranty, express or implied, for the web hosting services provided.
13.2 Whilst Locall Australis makes every reasonable effort to protect data stored on the system, Locall Australis is not responsible for your data, files, or directories. You are solely responsible for maintaining data, file, and directory structure backups.
13.3 You hereby agree that any material submitted for publication on Locall Australis through the web hosting services provided to you will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous, illegal or harmful.
13.4 Using the Locall Australis system as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited. Top
Domain Registration Service
14.1 Locall Australis provides no warranty or guarantee that the domain name applied for will be available for registration.
14.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures and you agree to irrevocably waive any claims against Locall Australis that may arise resulting from the decision of a naming authority to refuse to register a domain name.
14.3 In the circumstances that Locall Australis did not register your domain name, you accept that it is your responsibility to ensure that your Domain Name Licence is renewed when required furthermore, Locall Australis will accept no responsibility or liability for the renewal of your domain name under these circumstances.
14.4 Should Locall Australis undertake the renewal of a domain name on your behalf where the original registrar for the domain is different to Locall Australis's registrar of choice, the successful renewal of the domain by Locall Australis will be dependant on your agreement to transfer the domain to our registrar of choice.
14.5 Locall Australis's Registrar of Choice for all TLD (.com, .net, .org, .biz, .info) and .au domain name registrations and renewals is NetRegistry, contact details can be located at www.netregistry.com.au.
14.6 Domain registration applications will only be processed upon payment for this service and Locall Australis accepts no responsibility for delays in domain registration where the delay results from a third party. Top
Telephone Service
15.1 Telephone Service refers to Standard Telephone Service (STS) and Enhanced Call Handling Feature (ECHF) services
15.2 No SLA (Service Level Agreement) is provided for the Telephone Service, however Locall Australis will use its best efforts to provide timely restoration of service.
Service Rates
15.3 Timed calls are shown on a per minute basis or 30 second basis and charged to the Customer on per second basis, rounded to the nearest 15 seconds.
15.4 Charges include a flagfall if applicable to the relevant service.
Installation
15.5 The Customer indemnifies Locall Australis and its Contractors against any claim by the Customer (owner, occupier, person or corporation of the premises), in relation to the provision or installation of a Telephone Service which may affect or disrupt any other services the Customer may have in place. (Eg: ADSL, Back to Base Alarm Monitoring Service, etc. )
15.6 The Customer indemnifies Locall Australis, should the occasion arise that Locall Australis refuses to provide a Telephone Service to a Customer .
15.7 The Customer warrants that the nominated Customer is the same Customer of this Telephone Service and agrees that the installation or connection of the Telephone Service may cause temporary disruption to the Telephone Services the Customer currently has active.
New Services
15.8 Where there is an inplace connection for a Telephone Service available for automatic reconnection or restoration, the time for connection is 2 Business Days.
15.9 Where there is no inplace connection, and the infrastructure IS readily available and in close proximity, the time for connection of a Telephone Service is:
(a) Urban Centre Site (population greater than 10,000) = 5 Business Days
(b) Major Rural Site (population greater than 2,500 but less than 10,000) = 10 Business Days
(c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 10 Business Days
(d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 15 Business Days
15.10 Where there is no inplace connection, and the infrastructure IS NOT readily available or in close proximity, the time for connection of a Standard Telephone Service is:
(a) Urban Centre Site (population greater than 10,000) = 1 calendar month
(b) Major Rural Site (population greater than 2,500 but less than 10,000) = 1 calendar month
(c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 1 calendar month
(d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 1 calendar month
Rectification of Faults
15.11 Provided the fault can be rectified without (a) external or internal plant work, (b) a contractor attending the premises of the Customer or (c) the Service has been disconnected due to an administrative error:
(a) Urban Centre Site (population greater than 10,000) = 1 Business Day
(b) Major Rural Site (population greater than 2,500 but less than 10,000) = 1 Business Day
(c) Minor Rural Site (population equal to or greater than 200 but less than 2,500) = 2 Business Days
(d) Remote Site (a site that is not located in an Urban, Major Rural or Minor location) = 3 Business Days
Appointments
15.12 In the event that a technician is booked for an appointment to attend the Customer premises, for a connection or rectification of a Standard telephone Service, the Grace Period for an appointment offered is:
(a) Appointment for a specified time = 15 minutes after the specified time
(b) Between two particular times but less than a 4 hour period = 15 minutes after the end of the period
(c) Between two particular times greater than a 4 hour period, but less than a 5 hour period = No grace period
(d) Between two particular times greater than a 4 hour period, but less than a 5 hour period and the technician is required to travel a long distance = 45 minute after the end of the period
Technical Information
15.13 Telephone calls for the carriage of communications by means of the public switched telephone network use common channeling signalling (CCS7) and bandwidth at 3.1kHz.
15.14 Community calls and extended local area calling are not available on this service.
15.15 The Network boundary is defined as the main distribution frame in the premises (building, structure, vehicle or vessel) consisting of a two wire point on the side of the frame nearest to the exchange or if there is no such main distribution frame in a building, the first telephone socket in the Customer premises.
15.16 A temporary disconnection or suspension will result in the Customer 's telephone service not being able to make or receive telephone calls.
15.17 A Service Number is a Customer 's or Customer's billing service which is identifiable by a Full National Number (FNN) but excludes spectrum extensions, siteline, indial non-access lines and any other subsidiary extensions, channel or lines which are not charged for separately but which may have a Full National Number.
15.18 Locall Australis provides a vast array of Telephone Services, however Locall Australis is under no obligation to provide services it may not choose to provide, regardless of whether these services are available to Locall Australis.
15.19 The Enhanced Call Handling Feature (ECHF) applies to Easycall features such as (a) call waiting(b) call forwarding (c) call barring (d) call number display (e) call number display blocking etc.
Suitability and Acceptable Use Policy (AUP)
15.20 Telephone Services may not be used to provide data feeds for other services, locations or systems and any equipment connected to the Telephone Service lines must be of a suitable quality and approved by Austel. Top