Conditions and Obligations
1.1 In these terms, “we”, “our” and “us” means Rural Wireless, “you” means our customer and “services” means all the services that we provide to you.
2. THIS AGREEMENT
2.1 Set out below are the main terms of our agreement with you. Additional terms apply to some of our services.
2.2 If you do not agree to be bound by all of the Service Agreement at any time you must immediately cease use of the services and advise us of your concerns.
2.3 We reserve the right to modify the Service Agreement, the services or the fees charged for any of its services at any time. Such variation will become effective 30 Days after notice of the variation on this website under ‘Terms of service’ and ‘Acceptable use policy’.
2.4 Each part of the Service Agreement is severable from the remainder. If any part is proven illegal, void, invalid or unenforceable, the legality, effectiveness and validity and enforceability of the remainder of the Service Agreement still apply.
2.5 A minimum term of twenty four months applies to all connections. This term may be reduced to twelve months if approved in writing by Rural Wireless Limited. The agreement will roll over after the initial term unless cancelled with a minimum of one months notice in writing.
2.6 You must be at least 18 years old. If you are under 18 years old, permission from a legal guardian is required.
3. OUR LIABILITY TO YOU
3.1 All Services under the Service Agreement are provided “as is” without any warranty or representation of any kind.
3.2 We cannot guarantee that our service will be fault free or continuous. We are not liable for any inconvenience or loss of revenue you may suffer as a result of any downtime.
4. YOUR RESPONSIBILITIES
4.1 You must use the Services for lawful purposes only and comply with all applicable national and international laws.
4.2 You agree to notify us immediately of any change of your address, phone number or preferred contact email address.
4.3 You must make sure that all information you give us about yourself or your business is correct.
4.4 You must comply with our “Acceptable Use Policy”.
4.5 You agree to make sure that anyone else who uses the Services that we provide to you also abides by the terms of this agreement.
4.6 You must comply with any terms and conditions of Third-Party Service Provider(s) applicable to the access or use of the Service.
4.7 If we install Services at your home and you live in rented premises then you agree to ensure that your building owner or manager has agreed for us to install our Services at those premises.
5.1 You must pay all charges for the Services on their Payment Due Date. We reserve the right to demand payment for charges other than those specified in the Services in the event that additional time and resources are reasonably utilised in order to provide the Service.
5.2 If full payment of a charge has not been made on its Payment Due Date, we may charge a penalty fee of $10, interest on all sums outstanding at the rate of 5% per month from the Payment Due Date to the date full payment is received, any costs that are incurred by us (including our agents) in recovering the money you owe us and legal costs. We may also disable your connection.
5.3 If you do not query any charge stated in an invoice within 10 Days of the date of the invoice then you will be deemed to have accepted the invoice.
5.4 All payments are non-refundable unless specified.
5.5 You must not withhold payment of any amount set out in an invoice, regardless of whether you believe there is a mistake.
5.6 Fixed monthly fees will be invoiced in advance unless stated otherwise.
5.7 Data plans and VoIP payments must be made by automatic payment or bank deposit on the first day of each month or on the payment due date shown on the invoice. If there are insufficient funds available to meet debits from your account, your account maybe suspended until such time payment is made.
5.8 Invoice can be accessed at any time using your login details to your account.
5.9 All products and services exclude Government sales tax if applicable.
6. SUSPENSION OF SERVICES
6.1 We may suspend, disconnect or discontinue the Service in whole or in part at any time without notice and without compensation if in our reasonable opinion: i. any Network or Equipment fails or requires maintenance; ii. You do not comply with any of the terms of the Service Agreement or a Third Party Agreement.
6.2 We may charge for reconnection or resumption of the Service and require revised terms and conditions following such suspension, disconnection or discontinuance.
7.1 You may terminate the Service Agreement at the end of your contract term with at least 30 days advance written notice.
7.2 We may an charge Early Termination Fee or Standard Service Fee for the serviced period if you terminate the Services Agreement within the minimum term.
7.3 Upon termination of your access to the services, all payments due by you to us under the Service Agreement will be immediately due and payable.
7.4 Special free or subsidised installation offers apply to our 12, 24 and 36 month term contracts. If the data service is cancelled or payment cesses during the term, the outstanding service plan term balance becomes payable in full. Rural Wireless Limited reserves the right to reposes any equipment not paid for at its desertion.
7.5 We may terminate the Service Agreement or the supply of any Service in whole or part by giving written notice to you with immediate effect if:
i. You fail to pay us a charge by its Payment Due Date; or ii. We have reasonable cause to believe that you are unable to pay your debts as they fall due
7.6 We reserve the right to refuse subscription to any services without giving a reason for such refusal.
7.7 We only accept cancellation by, postal mail or electronic mail. It is your responsibility to ensure all cancellation requests are successful. You are responsible to cancel your automatic payment.
7.8 Charges for the full month will apply, even if you i. Did not use a Service at all ii. Terminate a Service part way through the period for which you have been billed unless we agree otherwise. 8.
8.2 Internet and VoIP Services
8.2.1 In these terms, “Internet Service” means any kind of Internet access or VoIP service we provide to you.
8.2.2 Due to the complex nature of the Internet service, availability, underlying infrastructure and other provider to deliver the data, we may not be able to provide the Service or plan speeds to everyone.
8.2.4 The Service quality can vary depending on location, Internet traffic and other factors beyond the control of Rural Wireless. We cannot guarantee that our Service will always be available and stable.
9.1 You agree that we can use your personal information: i. to provide Services by Rural Wireless or their contractors; or ii. to invoice; or iii. for credit checking; or iv. for collection purpose of overdue account; or v. to send marketing materials, electronic or otherwise. Your personal information will be kept confidential and will not be past to any third party without your approval.
9.2 You agree that we may record or monitor calls to us for training purposes and to improve service quality. ACCEPTABLE USE POLICY 1. INTRODUCTION 1.1 We reserve the right to modify this Acceptable Use Policy without notice.
10. WHAT YOU CAN NOT USE THE SERVICE FOR
10.1 You are not authorised to access our computer systems or networks for any purpose other than to use the Service or access your own personal account details.
10.2 You must not use the Service which results in you or us breaching, or being involved in a breach of a law, interfere with the proper operation of the Service or any other part of our network orsystems.
10.3 You must not use the Service, attempt to use the Service or allow the Service to be used:
10.3.1 Virus and denial of service attacks in connection with any program (including a virus, Trojan horse, worm, cancel-bot, time bomb), or activity (including a Denial of Service attack), that isdesigned to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is ours or anyone else’s).
10.3.2 Open relay and port probing to access or use our or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent,regardless of whether or not such access or use has any adverse effect on the system, network or data.
10.3.3 Spoofing to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding,obscuring or deleting the source of the message or making the message appear to come from someone other than you
10.3.4 SPAM Users are not permitted to send multiple unsolicited emails (Spam) to single or multiple users including, but not limited to, advertising email.
10.4 You must not resell the Services to third parties. 2.5 Sharing the Service with more than one premise is not permitted without written permission from Rural Wireless Ltd.
11. YOUR ACCOUNT
11.1 You are responsible for maintaining the secrecy and confidentiality of all access information required by you to access the Service.
11.2 You agree not to disclose information pertaining to any access information, or other confidential information relating to the Service, to any other person, corporation, entity or organisation.
11.3 Should you lose your username and/ or password, or suspect that it is in use by another party, you must notify us immediately. You will be liable for all fees resulting from use of the Serviceaccessed through your access information, regardless of whether it was authorised by you or not.
12.1 Any failure to obey these rules or if a specific complaint has been made from any person or company about your activities, we will investigate.
12.2 We may disconnect the Services immediately without notice or liability if we incur costs as a result of any breach of the Acceptable Service Policy. We may also add an additional charge andpossibly prosecute.
12.3 Equipment supplied for the purpose of receiving broadband at the customers premise is covered by a full 12 month warranty. Equipment failure out of warranty will incur a repair cost which is to be paid for by the customer within seven days of repair.
12.4 All data plans including top up data expires on the last day of each month.
12.5 Special free or subsidised installation offers apply to our 12, 24 and 36 month term contracts. If the data service is cancelled or payment ceases during the term, the outstanding term balance becomes payable in full.
Fair use policy
All our Services are subject to what we regard is Fair Use. We may apply this Fair Use Policy where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.
We have developed this Fair Use Policy by reference to average customer profiles and estimated customer use of our Services. If your use of our Services excessively exceeds your data subscription over any month, then your use may be deemed excessive and/or unreasonable. If your use of our Services exceeds estimated use patterns over any month, then your use may be deemed excessive and/or unreasonable. If your use is excessive and/or unreasonable Rural Wireless may in the first instance contact you to advise that your use is in breach of this Acceptable Use Policy
We may then request that you stop or alter your use to come within our Fair Use Policy. If you’re excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify your data plan or restrict your use of our Services. In extreme cases we may withdraw your access to our services altogether.