Choice IT Australia Wireless Internet Terms & Conditions (YOURHUB HOTSPOT USERS, SPONSORS & PARTNERS)  

 

1.0 General Agreement  

 

1.1 Choice IT Australia and the Customer (being an entity subscribing to Choice IT Australia for the provision of Wireless Internet Services, accept, without limitation or qualification, these terms and conditions); 

 

1.2 The Customer agrees to be bound by ALL Choice IT Australia's Terms and Conditions as displayed on the Choice IT Australia's web site at www.yourhub.com.au/wirelesss_tc.dyn. The Customer understands that ALL Choice IT Australia'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 Standard Terms and Conditions displayed on the Choice IT Australia's web site at cbdhotspots.com.au.  

 

1.3 If the Customer fails to comply with any of the conditions set out in this Agreement and/or with Choice IT Australia's Terms and Conditions, Choice IT Australia may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the Wireless Internet Service ceases immediately and Choice IT Australia 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 it's execution. 

 

1.5 This Agreement shall be deemed to have been made in Townsville, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of Queensland. Each of the parties submits to the jurisdiction of the Courts of Queensland. 

 

1.6 Choice IT Australia reserves the right to change these Terms and Conditions without notice to the Customer.  

 

1.7 If the Customer acquires the Choice IT Australia Service by signing an Agreement or an online Agreement provided to the Customer by a Choice IT Australia Dealer, the Customer acknowledges that the Dealer is acting as Choice IT Australia's agent only for the purposes of receiving this Agreement from the Customer and providing it to Choice IT Australia's. The Dealer is not Choice IT Australia'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 Choice IT Australia's Dealer is not the Customer's agent. 

 

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

 

1.9 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Choice IT Australia's relating to Wireless Internet Services.  

 

2.0 Billing  

2.1 The Customer agrees to pay charges for the Wireless Internet Service in accordance with the Choice IT Australia's Price List. The Customer understands that these charges might be altered from time to time by Choice IT Australia without prior notice. However, Choice IT Australia will not increase the access charge payable by the Customer during the Initial Contract Period.  

2.2 Wireless Internet changes, additions and/or cancellations incur additional charges, as displayed on the Choice IT Australia's website cbdhotspots.com.au and the Choice IT Australia's Price List.  

 

2.3 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, credit card or money order, once the Wireless Internet connection has been established as available. 

 

2.4 Choice IT Australia will commence the Initial Contract Period and the billing cycle on the day the Customer signs up for the service, and billings will occur on that calendar day every month until the service is cancelled. The service MUST be cancelled at least 1 day before your billing cycle to avoid re-charging of your account. (This applies to monthly accounts only). 

 

2.5 When purchasing a monthly plan you may be required to purchase 3 consecutive months (only where indicated) on the initial purchase plan. If your download allowance is exhausted prior to the end of month your second and third month may be activated immediately. Any following months may be purchased individually. 

 

2.6 Downloads in excess of monthly allowances may attract an excess downloads charge, as specified in each plan. This applies to monthly business accounts only. 

 

 

2.7 If monthly download or time allowance is exceeded, connection will be disabled until you recharge the account. 

 

2.8 A customer may receive a refund from Choice IT Australia for its subscription at Choice IT Australia's discretion. If a refund is granted to the customer, a percentage of the original amount may be deducted as either a Usage Fee for a portion of time used, a Processing/Refund Fee to cover the costs of Processing a refund for any and all costs arising to Choice IT Australia for the issuing of a refund or both a Usage Fee and a Processing/Refund Fee. This FEE will vary from case to case. The customer agrees this FEE may be up to 100% of the original amount.  

 

2.9 Usage 

 

3.0 The Customer is responsible for all usage in respect of the use of the Wireless Internet 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 Internet 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. 

 

3.0 The user may use multiple MAC addresses to connect to the Wireless Internet Service, however there can only be one session at a time. 

 

3.1 Customers subscribing to "Hourly", "Daily", "Weekly" or "Monthly" plans have the following download allowances unless otherwise specified in the plan they choose. Some plans may not be avaiable at all locations: 

 

- 1 Hours Access (Allowed Downloads: 250MB) 

- 2 Hours Access (Allowed Downloads: 500MB) 

- 4 Hours Access (Allowed Downloads: 1500MB) 

- 8 Hours Access (Allowed Downloads: 2000MB) 

- 1 Day Full Access (Allowed Downloads: 1500MB) 

- 2 Days Full Access (Allowed Downloads: 2000MB) 

- 3 Days Full Access (Allowed Downloads: 3000MB) 

- 4 Days Full Access (Allowed Downloads: 3000MB) 

- 5 Days Full Access (Allowed Downloads: 3500MB) 

- 1 Week Full Access (Allowed Downloads: 4000MB) 

- 2 Weeks Full Access (Allowed Downloads: 5500MB) 

- 4 Weeks Full Access (Allowed Downloads: 7000MB) 

- 1 Month Light (Allowed Downloads: 2000mb)min 3 consecutive months 

- 1 Month Heavey (Allowed Downloads: 5000mb)min 3 consecutive months 

See also available "Stay Connected plans" for longer term monthly customers. 

3.2 If the Customer exceeds this data allowance prior to the time they may recharge their account at any time. 

If the Customer exceeds the time allowance remaining data allocation is lost and non refundable. Any unused time or data for any chosen account will not be reimbursed under any circumstances, the time is prepaid for in advance. 

 

3.3 The time that you purchase may be used at varied locations other than the location you purchase it. You may use remaining time and data at another Yourhub Hotspot location (unless otherwise indicated).  

 

3.4 Liability  

 

3.5 The Customer acknowledges that Choice IT Australia 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. 

 

3.6 Customers use the Wireless Internet Service at the Customers own risk and Choice IT Australia 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 Choice IT Australia, its suppliers, employees, dealers, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the Wireless Internet Service. 

 

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

 

3.8 The Customer hereby indemnify's Choice IT Australia against all liability, costs, loss or damage, suffered or incurred by Choice IT Australia, its suppliers, employees, dealers, contractors and assignees arising from their use of the Wireless Internet Service. 

 

3.9 Choice IT Australia 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.  

 

4.0 Misuse of Service 

 

4.1 You have no right to use any Trademark displayed on the Choice IT Australia's web site without the permission of the party that owns that Trademark. 

 

4.2 Choice IT Australia reserves the right to suspend or terminate, with or without notice, any Customer's account, which in Choice IT Australia's opinion, directly or indirectly is involved in activities, which are detrimental to Choice IT Australia's Internet Service or jeopardise the use of Choice IT Australia's service or its performance for other Customers or how the wider community will perceive Choice IT Australia's. This includes, but is not limited to ‘Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses, Customers listed or cause the listing of Choice IT Australia's or its Customers on any Real-time Black List, e-mail spamming and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities. 

 

5.3 The Customer must not use the Choice IT Australia's service in a way or post to or transmit to or via the Choice IT Australia's service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the Choice IT Australia's service. The Customer must not use the Choice IT Australia's service to send unsolicited electronic mail messages to anyone. The Customer must not attempt any of these acts or permit another person to do any of these acts. 

 

5.4 Choice IT Australia's reserves the right to suspend without notice any Customer's account involved in offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency(ies) will be notified, and where possible offending material(s) passed on. 

 

5.5 If the Customer, without prior written permission of an authorised officer of Choice IT Australia's, transfers, assigns or divulges any information which allows another person(s) or entity(ies) to access the Internet by using the Customer's allocated username and/or password then the Customer will be liable for any usage time incurred by the third party at the current rate applicable, and that Customer's account may be terminated immediately. This includes multiple concurrent logins of the same username and/or password. 

 

6.0 Fair Usage Policy 

 

6.1 We (Choice IT Australia's) are committed to providing all our Customers with the most superior service possible and to assist us in meeting this commitment we ask our Customers to use our services fairly. If a Customer is identified to be making excessive use of our service and it is deemed to be a serious burden on the network Choice IT Australia will warn the customer via email, if the customer does not rectify this matter in the giving time Choice IT Australia then reserves the right to limit the Customer's connection speed or suspend their service without further notification to the Customer. Choice IT Australia also reserves the right to terminate a Customer's contract if the above occurs more than 3 times since the start of the Customer's Choice IT Australia's contract. 

 

7.0 Shipping 

 

7.1 Shipping not applicable