Radcomp Wireless Broadband Terms & Conditions

 

1.0 General Agreement
1.1 Radcomp ABN 90 739 063 135 (hereinafter referred to as "ITAus or ITNQ ") and the Customer (being an entity subscribing to ITAus or ITNQ for the provision of Wireless Broadband Services, accept, without limitation or qualification, these terms and conditions);

1.2 The Customer agrees to be bound by ALL RADCOMP's Terms and Conditions as displayed on the Radcomp Internet web site. The Customer understands that ALL Radcomp's Terms and Conditions can be amended from time to time. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current Wireless Terms and Conditions, and the Standard Terms and Conditions displayed on the Radcomp Internet web site at www.itaus.net

1.3 If the Customer fails to comply with any of the conditions set out in this Agreement and/or with Radcomp's Terms and Conditions, Radcomp may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the Wireless Broadband Service ceases immediately and Radcomp will not be liable for any loss or damage suffered by the Customer.

1.4 This Agreement shall operate and be binding upon the parties from the date of its execution.

1.5 This Agreement shall be deemed to have been made in Ballan, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of Victoria. Each of the parties submits to the jurisdiction of the Courts of Victoria.
 
1.6 Radcomp reserves the right to change these Terms and Conditions without notice to the Customer.

1.7 If the Customer acquires the Radcomp Service by signing an Agreement or an online Agreement provided to the Customer by an Radcomp Dealer, the Customer acknowledges that the Dealer is acting as Radcomp's agent only for the purposes of receiving this Agreement from the Customer and providing it to Radcomp. The Dealer is not Radcomp's agent for any other purposes or in any other capacity and the Service is not provided by the Dealer. The Customer acknowledges that the Radcomp Dealer is not the Customer’s agent.

1.8 The Customer agrees that information concerning the Customer will be held by Radcomp and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between Radcomp and the Customer.

1.9 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Radcomp relating to Wireless Broadband Internet Connection Services.

 

2.0 Provision of Service
2.1 in order for Radcomp Wireless Broadband to be provided, your computer hardware must meet our system Requirement. Your area must have Wireless Broadband Link Available. Checks to confirm your house can receive signal for Wireless Broadband are completed upon registration; however this does not guarantee that you can get Wireless at your location.

2.2 The Customer’s equipment must conform to the minimum requirements for the provision of Radcomp's Services (refer to the FAQ’S for more information, at www.itaus.net).

2.3 The Customer agrees and understands that in some cases it may not be possible to provide the Wireless Broadband Service due to Third Party Carriers Network and in such an event both parties will be released from their obligations under this Agreement and Radcomp will have no liability to the Customer. The Customer also accepts that some services offered by the Third Party Carrier's Network infrastructure are incompatible with the Wireless Broadband Service and may not be available to the Customer after connection to the Wireless Broadband Network.

2.4 The Customer is not to allow a Third Party to use the Wireless Broadband Service without direct supervision and/or written authorisation by Radcomp. The Customer is responsible for all use of the Wireless Broadband Service including use that is not authorised by the Customer which includes viruses.

2.5 The Customer agrees to direct all queries regarding faults and outages of the Wireless Broadband Service to Radcomp Technical Help Desk. Radcomp will invoice the Customer for any cost incurred by the Customer calling any Service for any help or queries relating to the Wireless Broadband Service.

2.6 Equipment provided by Radcomp to the Customer is covered by a 1 year return to base warranty at the Customer’s expense.

Replacement units are not provided until testing has been completed.

2.7 Any free Installation offer can only be redeemed at the time of registration. This offer must be claimed within 30 days of the initial registration, otherwise the Customer forfeits this offer.

2.8 The free Installation offer is not available to existing Wireless Broadband Customers or to Businesses.

2.9 The free Installation offer is available to UC and UD Plans Only

2.10 The free Installation offer is not redeemable for credit on any other product.

2.11 Radcomp will only deliver the customer's equipment to the shipping address as indicated by the Customer on the registration form.

2.12 In a situation where a Customer is not able to receive ordered equipment and the equipment is returned to Radcomp, the cost of the return is carried by the Customer.

2.13 Radcomp will charge the Customer for redirection of the delivery.

 

3.0 Billing
3.1 The Customer agrees to pay charges for the Wireless Broadband Service in accordance with the Radcomp Internet Price List. The Customer understands that these charges might be altered from time to time by Radcomp without prior notice. Also, Radcomp may alter the access charge payable by the Customer during the Initial Contract Period.

3.2 Wireless Broadband changes, additions and/or cancellations incur additional charges, as displayed on the Radcomp website www.itaus.net and the Radcomp Internet Price List.

3.3 The Customer agrees to pay all set-up, access and usage charges (where applicable) and any other charges related to the Service chosen by the Customer by cheque or direct debit, once the Wireless Broadband Connection has been confirmed as available. Payment options may vary depending upon your package selection.

3.4 All plans will be billed at the start of the month and are payable within 14 Days. Failure to pay subscription charges will result in the suspension or termination of the subscribers Wireless Broadband Service. If the Wireless Broadband connection is terminated due to non payment of service fees, subscribers are still required to pay any relevant cancellation fees.

3.5 Radcomp will commence the Initial Contract Period and the billing cycle on the day Wireless Broadband is installed on the Customer’s location.

3.6 UC half price and UD Free have a minimum contract length of 6 months. UC Free has a minium of 24 months. All other plans have no contract length

3.7 Downloads over 10,000Mb, on the UD plan, are charged at 5c per/Mb.

3.8 You may terminate the Service by giving Radcomp 30 days notice before the end of your current instalment period. The Service has to be paid up to the end of the notice period. If you have agreed to take the Service for an Initial Contract Period and you seek early termination, then a pro-rated cancellation fee will apply - refer to Additional Radcomp Pricing at www.itaus.net. Any unused time as at the date of cancellation will not be reimbursed. If you move to another premise within Australia where Wireless Broadband is not provided, then a cancellation fee will apply for Customers in a contract. If for any reason the disconnection is not genuine you will still be liable for the balance of the contract. You authorise Radcomp to debit these payments to your credit card or bank account on receipt of a termination notice from you.

3.9 Migrating to another Radcomp access plan does not reduce the Initial Contract Period or terminate the Agreement or result in a reduction of the charges payable by the Customer to Radcomp. Upon migration to another plan the contract period recommences from the date of migration. The Customer will be charged additional set-up fees for any migration changes. The new package charges will apply from the date of the migration and a new contract will be implemented from the date of migration.

3.10 Any support, maintenance and/or consulting by Radcomp to the Customer shall be regarded as separate to this Agreement. The Customer is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer's equipment.

3.11 The Customer agrees this Wireless Broadband Service cannot be resold and that it is not available to the following without authorisation: ISPs, Internet Cafés and Web Hosting Companies. Otherwise charges of $10000 per month for a 256K connection, $15000 per month for a 512K connection and $20000 per month for 1500K connection from the first date of connection will apply.

3.14 The Customer understands that changes to the contract, such as changing the address at which Wireless Broadband is installed, will incur an additional charge. The Customer agrees to pay the then current administration fee before any changes are made.

3.15 The Customer understands that a change in their location will incur a fee - refer to Additional Wireless Broadband Pricing. The Customer understands they will also incur a disruption to their Wireless Broadband service.

3.16 The Customer understands that a change in bandwidth/speed and/or package and a change in type of connection will incur a fee– refer to additional Wireless Broadband. The Customer understands they will also incur a disruption to their Wireless Broadband service.
 
3.17 In the event of a change of location of the Wireless Broadband service the service is installed on the Customer agrees that a new contract will commence upon changes been completed.

3.18 If the customer terminates their contract during the initial contract period they must pay the remaining length of their contract, up to $700.

 

4.0 Usage
4.1 The Customer is responsible for all usage charges in respect of the use of the Wireless Broadband Services whether or not such usage was authorised. It is the Customer's responsibility to maintain the security of the means of access to the Wireless Broadband Services and to ensure unauthorised use does not occur such as the use of security software such as firewalls or the periodic changing of passwords.

 

5.0 Liability
5.1 The Customer acknowledges that Radcomp cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Third Party Carrier's Network infrastructure.

5.2 Customers use the Wireless Broadband Service at the Customers own risk and Radcomp takes no responsibility for any data downloaded and/or the content stored on the Customer's computer. The Customer agrees not to make any claim against Radcomp, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the Wireless Broadband Service and Radcomp mail service.

5.3 Radcomp will use its best endeavours to make the Wireless Broadband Service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that Radcomp cannot guarantee uninterrupted service, the speed, performance or quality of the Wireless Broadband Service. The Customer further acknowledges that the Wireless Broadband Service is not fault free and there may be interruptions and/or access problems from time to time as Radcomp depends on the performance of Third Parties over which Radcomp has no control and therefore can accept no liability for problems that may arise from the Service.

5.4 The Customer hereby indemnify's Radcomp against all liability, costs, loss or damage, suffered or incurred by Radcomp, its suppliers, employees, contractors and assignees arising from their use of the Wireless Broadband Service.

5.5 Radcomp shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.

 

6.0 Terms and Conditions for Specific Packages

 

Business Broadband packages
6.2 Business and Education Broadband packages have an equipment charge of $500, which includes an Antenna, Bridge, POE and all cables. Installation is not included. Up to 2 hours onsite installation is optional, for an additional fee.

6.3 The Customer agrees that the Radcomp Wireless Broadband Connection can only be used at one physical site and/or with one Network system operation at this site. Radcomp does not offer the right to use the connection for multiple sites.

6.4 Radcomp limits the Business offer to one connection per site unless authorised.

6.5 Radcomp Business is for Commercial Users, Government Organisations, Education Organisations and/or Non-profit Organisations only. Commercial Users need a registered ABN to be eligible.

6.6 Radcomp reserves the right to add or delete any web sites to our filter list without any prior notice to the Customer.