Terms and Conditions

Beagle Internet Pty Ltd ACN 107 903 195 (hereafter "Beagle") provides services in accordance with the Commonwealth Competition and Consumer Act (2010), the Legislature and Laws of New South Wales and are subject to the following Terms and Conditions:

• One (1) megabyte = One million (1,000,000) bytes;
• Service = Any plan, product or professional service provided by Beagle to a subscriber;
• Subscriber = Any person, business, organisation or entity that receives services from Beagle in exchange for payment.

Terms and Conditions

1. Service terms, conditions and pricing are subject to change. A period of thirty (30) days notice will be given to subscribers prior to any such change;
2. To the extent permitted by law, all services are provided on a best-efforts basis with absolutely no warranty implied or otherwise. Beagle shall not be held liable for any losses, damages and/or compensation based on any issues (perceived or actual) with the service;
3. All services are billed on the billing anniversary (the day of the month the subscription was created) in advance each month with excess and/or additional charges accrued during the service anniversary period billed in arrears;
4. If for any reason Beagle is unable to collect an outstanding customer balance due to the reason of insufficent funds, Beagle will attempt to retry for a period of seven (7) days after which the subscriber's service will be limited. If for any reason Beagle is unable to collect an oustanding balance due to a permanent, non-retryable error such as a cancelled or expired credit card, the subscriber's service will be limited within one (1) day. In the event any of the above occurs, a late payment fee of $4.95 will apply.
5. After a subscriber's service has been limited for a period of seven (7) days and no payment has been received, the subscription will be terminated. Beagle will then take all due steps to recover any outstanding balance and contract termination fees arising from the termination;
6. If Beagle is required to undertake steps and incur cost in recovering monies owned from a subscriber, the subscriber will be liable for all costs associated with recovery;
7. All Beagle services are provided perpetually and the subscriber agrees for Beagle to bill them for the subscriptions(s) according to their plan or product(s) with the agreed frequency until the customer cancels their subscription;
8. A customer who wishes to cancel, must provide notice of cancellation no less than two (2) business days and no more than thirty (30) calendar days from their next billing anniversary;
9. A customer must provide notice of cancellation by cancelling their subscription using the on-line form in the account management section of the Beagle website. No other form of notice is accepted. The account will then be closed on the upcoming billing anniversary without further charge;
10. Some Beagle products are provided under minimum length contract and in this case the account can only be closed once the contract has expired. Any disconnection prior to the completion of the contract will require payment of the minimum termination payment;
11. The minimum termination payment for standalone ADSL or ADSL2+ subscribers on a six (6) month contract is $139.95;
12. The minimum termination payment for standalone ADSL or ADSL2+ subscribers on a twenty four (24) month contract is $199.95;
13. The minimum termination payment for Metro Bundle subscribers on a twelve (12) month contract is $99.95;
14. The minimum termination payment for Reach Bundle subscribers on a six (6) month contract is $139.95;
15. The minimum termination payment for 3G Mobile Broadband subscribers on a twenty four (24) or twelve (12) month contract is $199.95;
16. Utilisation of Beagle's services are subject to an acceptable use policy. Any breach of the policy shall incur an immediate termination of service. Any remaining credit or service period on the account will be refunded pro-rata;
17. Information provided to Beagle by subscribers will be handled in accordance with Section 13 of the Telecommunications Act 1997;
18. Beagle may terminate a subscriber's service without supplying any reasons or rationale to the subscriber with a notice period of seven (7) days. In the event you breach our Acceptable Use Policy, your account may be terminated immediately with no notice. Any remaining credit or service period on the account will be refunded pro-rata;
19. A service is to be utilised by the authorised account holder and/or their nominee only. The authorised account holder is liable for all usage, charges, fees and abuse associated with a particular service irrespective of its use;
20. The subscriber is liable for all telecommunications carrier call, flag-fall or other costs associated with accessing the Beagle service;
21. Beagle does not actively or re-actively monitor services or subscriber content. However, if Beagle is made aware of subscribers utilising services to break Australian or International Law, the appropriate Law Enforcement Agency will be notified;
22. Beagle is obliged under the Broadcasting Services Amendment to remove content hosted by any subscriber based on a notice by the Australian Broadcasting Authority;
23. Any ADSL customer that contacts Telstra directly regarding a current Beagle Internet service will be charged a $200.00 incorrect query fee. To avoid any such fee, ensure all enquiries are made directly to Beagle Internet;
24. Any ADSL customer who lodges a fault that requires a call out from a Telstra technician and the aforementioned technician finds the fault to be with customer equipment will be charged a $200.00 incorrect call out fee;
25. Any ADSL customer who's line is disconnected by their telephony provider for any reason is liable for a setup fee in order to reconnect their service. If the customer's service is under contract, the customer must the early termination fee.
26. By becoming a subscriber of Beagle, you consent and agree to these terms and conditions and endorse that you are over the age of 18 years or have obtained a parent/guardian's consent. If you are an employee of a company or organisation, you consent that you are authorised to use the service on behalf of your employer or organisation. Further, you consent that you and are legally able to enter this agreement.

Acceptable Use Policy

1. Subscribers must keep passwords secure and not expose them to any third parties;
2. Subscribers must not breach any Commonwealth, State or Federal laws in the use of services including but not limited to unauthorised access of computer systems, etc;
3. Subscribers must not attack, port scan or harass other members of the Internet;
4. Subscribers must not send unsolicited communication using mechanisms including but not limited to email, instant messaging, SMS, chat, etc to members of the Internet or winder community;
5. All communication made by subscribers must be in compliance with the Spam Act 2003 and Telecommunications Act 1997;
6. Subscribers must not forge or fake their identity;
7. Subscribers must use any services in a fair and equitable way so as to not degrade the service of other customers.
8. Dial-up subscribers must not use tools to prolong their connection to the Internet when not in use, attempt to maintain multiple connections, etc. For example, customers must not configure their computer to auto-re-dial.
9. The subscribers utilisation of resources must be of a reasonable nature where reasonable is defined as being consistent with the average utilisation within the entire subscriber population;
10. Beagle may delete any email messages stored and/or sent by the subscriber that:
    • Exceed ten (10) megabytes in size;
    • Are marked as deleted by the subscriber;
    • Are older than sixty (60) days;
    • Are marked as unsolicited email by Beagle and have been stored for a period of at least seven (7) days;
    Beagle may also delete any web page content and/or files stored by the subscriber that exceeds their alloted quota as defined by the appropriate plan or service terms;
11. Subscribers must not attack or attempt to subvert the Beagle systems.
12. Subscribers who are discourteous, abusive, threatening or make use of profanity in the course of communicating with Beagle staff will have their service terminated immediately in compliance with our Terms and Conditions. Any termination will also result in a breach of contract which will result in the payment of all termination fees associated with that particular service and outlined in our Terms and Conditions. Such persons may also be reported to the police.

Beagle Security Terms and Conditions

The additional following terms and conditions relate specifically to the Beagle Security value-added service (referred hereafter as 'security service'):

1. All reasonable care and skill in used in providing security services. However, given the nature of telecommunications systems (including reliance on any systems or services not controlled by us), Beagle can not guarantee that the aforementioned services will at all times be fault free and therefore provides these services on a best efforts basis only;
2. Beagle limits our liability to you for losses resulting from any fault or issue with the security services to an amount equal to the difference between the security service and the equivalent standard Internet service within the period of interruption only;
3. Beagle cannot guarantee that the Security service will detect and prevent access for all viruses, Trojans, worms or other malicious software applications or that your entire computer system will be completely protected;
4. The Beagle security service provides protection and detection of hazardous material from the Internet on a best-efforts basis across a limited number of protocols. Your PC(s) will still be liable for infection from any material sourced by alternate means including but not limited to Internet traffic not filtered by our service (such as encrypted traffic, instant messaging, etc) or physical media such as floppy disks, CDs, DVDs, USB drives, etc;
5. The security system is unable for privacy and legal compliance reasons to detect any viruses, Trojans, worms or other malicious software applications when an encrypted connection us used. This includes but is not limited to HTTPS and SSL Internet traffic. Subscribers must therefore take great care when utilising any website or service that uses these encryption protocols.
6. While Beagle can guarantee that no 3rd party Internet user will be able to initiate an unsolicited IP connection directly to your PC(s) from the Internet, Beagle cannot guarantee that your PC(s) will be kept free from all intrusions or other unauthorised activity;

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