Introduction

These terms contain the entire agreement between us and you agree that you were not induced by any oral representations to purchase the telecommunication services. In the event you do have a complaint, you must follow any complaint handling process described on the ReadiiNet website. If your complaint is not adequately resolved, you may lodge a complaint with the Telecommunications Industry Ombudsman.

Because minimum performance standards may apply to or exist for the connection and fault rectification of some of the services (for example the Consumer Service Guarantee for telephone services and attending of appointments by carriage service providers), ReadiiNet and these standards aim to protect you against poor service and you may be entitled to compensation if we fail to comply with the CSG standards. Part 5 of the CSG Standard allows for a service provider to propose that a customer waives their rights and protections and other performance standards to obtain a significant service benefit. Some of our services can only be offered to you on the basis that you waive your rights and protections under the CSG Standard so that we can provide you with a significant service benefit. For more information about the CSG Standard visit  www.acma.gov.au or contact us.

The services ReadiiNet provides you may be quite diverse, so sometimes additional charges, fees, terms or product or service requirements may apply. Additional terms will be available on electing the relevant services and those additional terms become part of your agreement with ReadiiNet if you use those services.

You must follow any policies made available to you within the services. Don’t misuse our services. Please don’t interfere with our services or try to access them using a method other than the interface and the instructions that we provide. This is prohibited. You may use our services only as permitted by law which includes all applicable laws and regulations, government direction or industry standard or code. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct or illegality. We are constantly changing and improving our services. We may add or remove functionalities or features, and we may suspend or stop a service altogether should technological advances so warrant. If we do evolve so as to make discontinuing a service the optimal next step, where reasonably possible, we will give you reasonable advance notice and quote a disengagement/transfer service fee for you.

ReadiiNet provides you with telecommunications services through the operation of its website and app. These terms apply to your access to and use of all of ReadiiNet’s Online Systems (as defined below). You should read them carefully as they affect your rights and liabilities. In accessing or using any of our Online Systems, you agree to be bound by and abide by these terms. If you do not accept these terms, you must not use our Online Systems.

Your use of our Online Systems may also be governed by specific supplementary terms. These include:

• the ReadiiNet New Customer Application Form; and
• the Critical Information Summary.

In accessing or using these Online Systems, you also agree to be bound by and abide by these other terms, which will be treated as forming part of these terms. You must also only access and use our Online Systems in accordance with any instructions published on the access page of, or within, that system even if they do not form part of these terms.

ReadiiNet collects personal information that you provide through our Online Systems in order to administer access to and operate our Online Systems, and to carry out our functions and responsibilities under law, which include providing you with telecommunications services. We may also use your personal information to monitor your use of our Online System and ensure you comply with these terms.

Where permitted or required by law, we may disclose personal information that you provide to third parties. If you do not provide the personal information required to be entered into our Online Systems, you may not be able to access or use those Online Systems.

You can find out more about how we collect, use, disclose and protect personal information and your rights of complaint, or to request access to records we hold relating to your personal information, in our Privacy Policy.

Cooling off rights

If the agreement between us is an unsolicited consumer agreement, you have cooling-off rights that mean:

• you can change your mind and cancel this agreement for any reason without penalty within 10 business days; and
• if you bought goods that cost $500 or less, we can supply these goods immediately to you during the cooling-off period but you still have the right to cancel the contract; or
• we cannot take payment during the cooling-off period for any goods or services and cannot supply any services in this time.

ReadiiNet reserves the right to amend these terms from time to time. Amendments will be effective immediately upon notification within the Online Systems. Your continued use of the Online Systems following such notification will represent an agreement by you to be bound by these terms as amended.

In these terms, when we say:

• ‘we’, ‘us’ or ‘our’, we mean ReadiiNet Pty Limited,
• ‘you’ or ‘your’, we mean you as the user of an Online System,
• ‘Online Systems’, we mean the following electronic business systems accessed via our website:
  • My Telecommunications Portal
  • ReadiiNet Online
  • ReadiiNet application forms
  • Pay by instalments,
• as well as the ReadiiNet App available for download from Google Play and the Apple App Store,
• ‘Business Day’, we mean a day other than a Saturday or Sunday on which banks are open for business generally in Melbourne, Victoria,
• ‘person’, we mean an individual, partnership or body whether incorporated or not, and
• ‘Telecommunications Act’, we mean the Telecommunications Act 1997 (Cth).
• All references to any charges or costs or payments to be made by you to us relating to this agreement are exclusive of GST unless expressly stated otherwise. You shall make all payments including GST within 14 days. All recurring fixed fees and charges including GST may be invoiced in advance.

Your user obligations

1. Access security
You must make sure that your computer system has a suitable power supply and that the services are not accessed by unauthorised parties, compromised by security breaches, interfered with to prevent normal operation or otherwise compromised by hackers or the like. If any of these types of issues occur, you must let us know straight away and then give us all reasonable assistance and access to all your computers, telephony, data and codes as we may consider desirable to mitigate the scenario. We may charge for such mitigation assistance. And you must not resell any aspect of the services.

ReadiiNet withholds the right to stop your service should you be experiencing extraordinary usage. This is to protect both your business and ours from any data or cyber-attacks. ReadiiNet offers a range of managed routers and firewall solutions. If you choose not to proceed with our managed router and firewall, all security and management responsibilities fall on yourself or your IT provider to maintain and manage this environment.

When you use a user or customer ID, assessment ID, password or other access mechanism to access an Online System, you must:

• comply with any additional terms and conditions that relate to the access mechanism,
• keep the access mechanism secure at all times, and
• not disclose the access mechanism to, or share it with, others.

You must not use an access mechanism to access an Online System if it has:

• not been issued to you or
• been revoked by us or its issuing authority.

If the security of an access mechanism issued to you has been compromised, or if there is any change in the information on which the issue of your access mechanism was based, you must immediately notify us via email to daniel@readiinet.com.au, titled “Urgent Attention – Chief Information Security Officer”, and immediately notify the issuing authority of that access mechanism (if applicable).

2. Data security
Data about persons other than you that you enter into, or that is provided to you through, an Online System is confidential. You are responsible for maintaining the security of the data and preventing its disclosure to persons who are not authorised to access that data.

3. Online System security
While we use reasonable efforts to ensure that our Online Systems are free of computer viruses, trojans, worms or other malicious programs or code (including code that may affect the confidentiality of information in our Online Systems), we do not represent or warrant that we will achieve this outcome.

We strongly recommend that you:

• never disclose your user or customer ID, assessment ID, password or other access mechanism to anyone,
• keep your computer software up to date, especially with security upgrades and patches (these are usually available from the licensor of the software),
• ensure that your anti-virus software is industry standard, current and running on your computer at all times (including that it is configured to scan new programs/files, including inbound and outbound emails, for viruses before opening, running, installing or using them),
• ensure that you have industry standard intrusion protection software – commonly referred to as a ‘firewall’ – to provide added security around your information and protection from misuse of your identity,
• avoid opening, running, installing or using programs or files (including attachments to, or hyperlinks in, emails) you have obtained from a person or organisation unless you are certain that you can trust them,
• log out when you are finished using an Online System (you should also log out or lock your computer if you leave your computer unattended, even briefly) to avoid others accessing your account,
• if you are using a public or shared computer, ensure that you log out properly and close the browser software when you have finished your session, and
• conduct secure disposal practices such as cleansing of the hard disk on disposal of your computer.

4. Acting for another person
You must only access and use an Online System in your own name, unless the access to the Online System is in the name of a partnership, company or other entity, and you are acting on behalf of that entity.

To use an Online System to access data relating to, or to carry out a transaction for, another person (including where you access and use the Online System in the name of another person, or where you access and use the Online System in your own name but the data or transaction relates to another person) you must be currently authorised in writing by that person to access that data or carry out that transaction on their behalf.

5. Payment of our accounts
Generally You shall pay our accounts either by credit card standing authorisation or by credit card, BPAY, electronic funds transfer, check or money order. Payments made by credit card standing authorisation with Visa, Bankcard or MasterCard will be subject to a surcharge to cover merchant fees. Payments made by credit card standing authorisation with AMEX will be subject to a surcharge of 2.75%. Random payments made by credit card will be subject to a surcharge of 2%. You shall pay a fee of $50 in addition to any other costs or charges such as financial institution charges for each and any dishonoured transaction. We reserve the right to enforce payment by credit card standing authorisation in the event you are consistently late in making payment. We will notify you if this becomes relevant to you. In the event you fail to pay any outstanding amount within 30 days of the date of invoice it will, without prejudice to our rights, be deemed a terminating event and will trigger, at our discretion and without prejudice, our rights to suspend or terminate all or any of our obligations under this agreement and we may also charge interest on the unpaid amount at a rate equal to 2.5 percent per annum above the overdraft rate of the Commonwealth Bank. Further, should you fail to pay any amount owing to us, in addition to any other fees or charges under this agreement, we may charge you our then current fee for suspension, disconnection and reconnection of a service in addition to our costs of exercising or pursuing all our rights to payment under this agreement including legal and court filing costs.

Minimum Term We may waive standard connection charges if you meet our minimum term requirements. If you cancel your ReadiiNet Internet Direct services before we activate it, on our request, you must promptly pay us 65% of the standard connection charges that would have been payable had we’d not waived them. An early termination charge may also apply, depending on when you cancelled your service. You may cancel this agreement at any time on three months’ written notice to us.

Where we have agreed to provide a service for a particular term then to the extent permitted by law the whole amount payable for the whole of the term that service is to be provided is a debt owing to us as at the time of entering into this agreement.

We provide discounts over a term based on you paying for the services over the whole of that term. This means that you are liable to pay the full undiscounted amount for the period of use of the services should you seek to cancel this agreement before the end of such a term or should any account remain outstanding for 45 days or more.

Should we reasonably request a security bond, bank guarantee, parent company guarantee or a directors’ guarantee, then provision of such security shall become a condition precedent to our remaining obligations under this agreement. Three or more late payments is agreed to be a reasonable ground for such a request.

You agree not to dispute any of our invoices beyond 12 months from the date of the invoice you may seek to dispute such that after that period you will only be entitled to any refund in our absolute discretion.

Termination We can immediately terminate this agreement should your use of the services unreasonably interfere or threaten to interfere with us providing services to any third party or if we can no longer provide the services because our upstream supplier, for any reason whatsoever, terminates or changes its arrangements with us.

6. General restrictions on use
You must not:

• interfere with, damage, disable, overburden or disrupt any Online System or the servers and networks that host any Online System,
• circumvent, disable or otherwise interfere with any security-related features of any of our Online Systems,
• attempt to gain unauthorised access to any part of an Online System, or other accounts, applications, computer systems or networks connected to an Online System, through hacking, password mining or any other means,
• disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from any Online System (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth)),
• copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from any Online System, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content,
• incorporate any Online System in any product to be made available commercially (unless we expressly agree otherwise with you),
• use any of our Online Systems in a manner that is fraudulent;
• impersonate any person or entity for the purpose of misleading others when accessing or using any of our Online Systems,
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy) of others when accessing or using any of our Online Systems,
• directly or indirectly introduce or permit the introduction of any virus, worm, trojan, corrupt data or other malicious code into any Online System, or in any other manner whatsoever corrupt, degrade or disrupt any Online System, or
• use any of our Online Systems in a manner that contravenes any applicable law, including in relation to privacy.

7. Breach of terms
If you breach, or any person with secondary access authorised by you breaches, any of these terms, you must immediately notify us of that breach, and stop using the Online Systems until we advise otherwise.

8. Responsibility for actions
You will be responsible for (and indemnify us against) any loss or damage to any person arising from any one of the following:

• any breach by you, and/or by a person with secondary access authorised by you, of these terms,
• any wilfully wrong, negligent, fraudulent or unlawful act or omission by you, and/or by a person with secondary access authorised by you, in relation to, or in the course of using, an Online System,
• any access to or use of an Online System by a person using your access mechanism (whether or not with your knowledge or consent), as if that access or use was by you, or
• any claim by a third party against us relating to your use of any of the Online Systems or relating to any information that you provide to us via any of the Online Systems.

However, your liability to us will be reduced to the extent that any wilfully wrong, negligent or unlawful act or omission by us has contributed to that loss or damage.

This indemnity does not increase the compensation or damages for which you would otherwise be liable in respect of any negligent act or omission above the amount payable in tort, or exclude the operation of any applicable legislation relating to proportionate liability. Your responsibility for activities undertaken by you through an Online System will continue despite ceasing to use that Online System or having access to it.

Most importantly you will hold harmless and indemnify ReadiiNet and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and lawyers’ fees. Any direct or indirect personal injury (including defamation) or financial loss whether through negligence, recklessness or otherwise to any third party or to us is covered by this indemnity.

9. Trustee obligations
You enter these terms in your personal capacity and, if you are a trustee, in your capacity as trustee of the trust or trusts.If you enter these terms as trustee of a trust, you, as trustee, represent and warrant each of the following on a continuing basis:

• you are the sole trustee of the trust and are not the trustee of any other trust,
• you are a validly appointed trustee of the trust,
• you are not in default under the trust deed,
• the trust fund will not vest during the term of these terms,
• you are authorised by the trust deed to enter into these terms and to perform your obligations under these terms,
• your entry into these terms and the performance of your obligations under these terms are for the commercial benefit of the trust and the beneficiaries of the trust,
• all of your obligations under these terms bind the assets of the trust, and
• there are no limitations on your right to be indemnified out of the assets of the trust.

10. Governing law and jurisdiction
These terms are governed by the laws applicable in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that any of the Online Systems can be accessed and used in compliance with the laws of any other country. If you access any Online System from outside Australia, you are solely responsible for ensuring compliance with applicable local laws.

Our rights and obligations
11. Variation, suspension and termination of access
We can:

• change all or part of any Online System (including the availability of any features or services),
• suspend your access, or access generally, to any Online System at any time for any reason,
• limit your ability to use an Online System, including by imposing limits on certain features,
• terminate your access to an Online System at any time,
• amend the times and periods during which an Online System or any of its functionality is available,
• vary the terms and conditions of use of an Online System in accordance with these terms (so the terms applicable when you next use an Online System may be different from these terms), and
• monitor and review your activities on an Online System to ensure you comply with these terms.

Cancellation of your access to an Online System does not affect any of the following:

• your obligations or liabilities that arise on or before the date of cancellation,
• disclaimers and limitations of liability set out in these terms,
• obligations of a person to pat for the services provided, and
• other obligations or requirements imposed on a person by any law.

12. Links to other sites
An Online System may not contain all the information that you need. The Online Systems may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under our control and we are not responsible for the content of any linked website or any hyperlinks contained in a linked website. We provide these hyperlinks as a convenience only, and while we use reasonable efforts to ensure that the links remain appropriate and up-to-date, the inclusion of any link does not imply any endorsement of the linked website by us as the content of websites outside of our control may change over time. Any reference to or reliance on any link or linked website, or any information contained on any such website, is made entirely at your own risk.

13. Disclaimers
Each of our Online Systems, and all content and services provided or made available through those Online Systems, are made available to you on an ‘as is’ and ‘as available’ basis. We do not represent or warrant that your access to or use of any of our Online Systems will be secure, uninterrupted, error-free or timely.

Where the information in the Online Systems is not about you or is not generated as a result of the information that you input into the Online Systems, it is provided for general guidance only. It is not, and should not be regarded as, any form of professional advice. You are encouraged to seek your own professional advice to find out how the information in the Online Systems applies to your particular circumstances.

14. Limited liability
To the extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential or exemplary loss or damage incurred as a result of or in connection with your access to, use of, inability to use or reliance on any of the Online Systems, including loss or damage arising from:

• any error, omission or misrepresentation in any information entered by you into the Online Systems,
• any information, product, technology, process or service in or made available through any of the Online Systems being incomplete, corrupted, inaccurate, outdated or incorrect,
• any unauthorised use of your access mechanism to the Online Systems,
• any errors or defects in the manner of the input of information transmitted to us,
• any unavailability of, or any interference with or delay to your access or use of, any of the Online Systems for any reason, including as a result of telecommunications unavailability, interruption, delay, bottleneck, failure, fault or services provided by third parties ceasing or becoming unavailable,
• unauthorised access or alterations of your transmissions to or from an Online System,
• negligent, malicious or wilfully wrong acts or omissions of third parties (including our third party service providers),
• any interference or delay to your access or use of any of the Online Systems as a result of maintenance or repairs carried out by us or any third party service provider in respect of any of the Online Systems,
• any events beyond our control, or
• any interference or damage to computer systems, hardware or software occurring as a result of computer viruses, trojans, worms, malicious programs, hacking, other malicious code or any other defects or errors which may affect your systems.

Except as specified in these terms, we give no implied or express warranties in relation to the use of any Online Systems. All statutory warranties are, to the fullest extent permitted by law, expressly excluded. The limitations and exclusions in this section apply whether such claim is made under statute, in tort (for negligence or otherwise), under an indemnity, in equity or otherwise.

ReadiiNet provides services using a commercially reasonable level of skill and care and we hope that you will enjoy our shared experience. But we are a reseller of the service provided by one or more upstream suppliers so there are certain things that we don’t promise about our services, and we set them out in capitals as follows:

1. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER READIITEL NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE PERCENTAGE OF MAXIMUM SPEED WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OR RE-PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. READIINET, AND READIINET’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
2. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF READIINET, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
3. TO THE EXTENT REQUIRED BY LAW, THE TELECOMMUNICATIONS CUSTOMER SERVICE GUARANTEE APPLIES TO THE SERVICES (SEE ACMA.GOV.AU).
4. THE SERVICE ACTIVATION DATE MAY CHANGE DUE TO ALL MANNER OF CAUSES INCLUDING OUR REASONABLE SITE PREPARATION REQUIREMENTS (OR YOURS) AND WE ARE NOT RESPONSIBLE FOR ANY DELAY HOWSOEVER IT MAY BE CAUSED.
5. TITLE IN ANY EQUIPMENT REMAINS WITH US UNTIL PAYMENT IN FULL BUT RISK OF LOSS AND DAMAGE PASSES TO YOU UPON DELIVERY SO YOU WILL BE REQUIRED TO INSURE.
6. YOU USE THE SERVICES AT YOUR OWN RISK.
7. WE DON’T PROMISE THAT OUR UPSTREAM SUPPLIER WILL NOT INCREASE THEIR PRICES OR CHANGE THEIR CONDITIONS OF SUPPLY AND IF THEY DO WE MAY PASS THESE INCREASES ON TO YOU AND YOU WILL BECOME BOUND BY ANY SUCH CONDITIONS.
8. FAULTS, INTERRUPTUIONS AND ERRORS RELATED TO THE PROVISION OF THE SERVICES MAY OCCUR AND IF THEY DO WE ARE NOT LIABLE FOR THEM.

15. Intellectual property
We own (or are the licensee of) all intellectual property rights, including copyright and trademarks, in or connected with each Online System, including intellectual property rights in information, design, text, graphics, materials, images, ‘look and feel’ and all software and source code. We grant you a non-exclusive, revocable, non-transferable licence to use such intellectual property rights solely to access and use our Online Systems in accordance with these terms. All trademarks appearing on our Online Systems belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

16. Notices
Any notice or communication given or made by you to us in connection with these terms must be in writing and signed by you or (where you are not a natural person) by your authorised signatory. Any notice or communication given by you under these terms may be given and sent to us in one of the following ways:

• posting to the address set out below,
• through the online contact mechanism made available on our website (using an appropriate categorisation and subject heading so that the notice or communication can be properly directed),
• by any other means specified in these terms or in the relevant Online System in respect of any particular notice or communication.

Name:
ReadiiNet Pty Limited
Address:
Without limiting the above, you consent to receive notices under these terms by electronic means (including email). We agree to receive information and documents by electronic means (and, if applicable, signed by a method other than signature by hand) for the purposes of the conduct of transactions via our Online Systems, if you provide (and, if applicable, sign) that information or document in a manner specified as part of any of our guidelines or instructions for using that Online System.

17. Dispute resolution
If a dispute arises under these terms or concerning the use of our Online Systems, either we or you may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. Our respective nominated senior representatives must meet within five Business Days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place, or if five Business Days after the meeting the dispute remains unresolved, either of us may pursue our respective rights at law. Despite the existence of a dispute, both of us must continue to perform our respective obligations under these terms. The above paragraphs do not restrict or limit either our or your right to obtain interlocutory relief, or our right to immediately terminate your access to any Online System under these terms.

18. Severability
If any provision of these terms is held invalid, unenforceable or illegal for any reason, then the provision will be deemed to be removed from these terms and the remaining provisions will remain valid and enforceable.

19. Waiver
A waiver of any right, power or remedy under these terms must be in writing signed by you or us (as the case may be). A waiver only affects the particular obligation or breach for which it is given. It is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.

20. Contacting us
If you are having difficulties accessing any of our Online Systems, have a query, or would like to lodge a complaint, please contact us. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.