1.           Any support, maintenance and/or consulting by CCOZ to the Customer shall be regarded as separate to this agreement. The Customer is responsible or any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer’s equipment.

2.           Equipment provided by CCOZ to the Customer is covered by a 1 year return to base warranty.

3.           Subject to CCOZ’s Standard Terms and Conditions, the provision of services will be ongoing until terminated by either party giving 30 days notice in writing. If the Customer terminates this Agreement before the expiry of the Initial Contract Period, the Customer will be liable to pay the remaining access charges up to, and including, the end of the Initial Contract Period.

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

5.           The Customer agrees and understands that in some cases it may not be possible to provide the ADSL Service and in such an event both parties will be released from their obligations under this Agreement and CCOZ will have no liability to the Customer. The Customer accepts that some services offered by the Third Party Carrier’s Network infrastructure are incompatible with the ADSL Service and may not be available to the Customer, after connection to the ADSL Network.

6.           The Customer acknowledges that CCOZ 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.

7.           Customers use the ADSL Service at the Customers own risk and CCOZ 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 CCOZ, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the ADSL Service and CCOZ mail service.

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

9.           The Customer hereby indemnify’s CCOZ against all liability, costs, loss or damage, suffered or incurred by CCOZ, its suppliers, employees, contractors and assignees arising from this Agreement or the use of the ADSL Service.

10.         The Customer agrees to direct all queries regarding faults and outages of the ADSL Service to CCOZ’s Technical Help Desk. The Customer is liable for any inquires to Third Party service providers or Telstra.  CCOZ will invoice the customer for any cost incurred by the customer calling Telstra for any help or queries relates to the ADSL service.

11.         If the Customer acquires the CCOZ Service by signing an agreement provided to the Customer by a CCOZ Dealer, the Customer acknowledges that the Dealer is acting as CCOZ’s agent only for the purposes of receiving this agreement from the Customer and providing it to CCOZ. The Dealer is not CCOZ’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 CCOZ Dealer is not the Customer’s agent.

12.         The Customer’s equipment must conform to the minimum requirements for the provisioning of CCOZ’s ADSL Services.

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

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

15.         The Customer agrees that CCOZ may increase its charges by any new or increased Government taxes, charges, fees, duties or other imposts.

16.         The Customer agrees to pay charges for the ADSL Service in accordance with the CCOZ Internet Price List. The Customer understands that these charges might be altered from time to time by CCOZ giving 14 days notice of such alterations to the Customer in accordance with this Agreement. However, CCOZ will not increase the access charge payable by the Customer during the Initial Contract Period.

17.         The Customer acknowledges that there may be a minor disruption to the nominated standard telephone service during ADSL installation.

18.         Where the installation of Equipment involves a telephone line, the Customer warrants that the Customer is the legal renter of the telephone line.

19.         The Customer agrees to nominate an existing standard telephone service for delivery, of the ADSL service and the Customer will continue to be responsible for all costs of the nominated service to the Customer’s existing carrier.

20.          The Customer must not create any conflict with the normal operation of the ADSL Service or any related facility of service.

21.         The Customer is responsible, for all usage charges in respect of the use of the ADSL 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 ADSL Services and to ensure unauthorised use does not occur.

22.         CCOZ will commence the Initial Contract Period and the billing cycle for data traffic on the first usage or 14 days after Telstra activates the ADSL line whichever comes first.

23.         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, EFT or Direct Debit once the ADSL line has been confirmed as available.

24.         All notices shall be in writing and shall be hand delivered, or sent by post, or facsimile to the parties hereto at their respective addresses.

25.         ADSL changes, additions and/or cancellations incur additional charges, as displayed on the CCOZ website www.ccoz.com and the CCOZ Internet Price List.

26.         Migrating to another CCOZ ADSL 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 CCOZ. 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 to the end of the Initial Contract Period.

27.         The Customer agrees that if CCOZ is asked to investigate a breakdown in the service and upon investigation it is found that the fault is not due to CCOZ equipment then the Customer agrees to pay CCOZ its standard hourly rate for time and travel.

28.          CCOZ reserves the right to change these ADSL Terms and Conditions without notice to the customer.

29.         CCOZ reserves the right to terminate the service immediately and recover all monies owing, including the cost of recovery, when payments are overdue.

30.         CCOZ assumes no responsibility or liability arising neither from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. CCOZ assumes no responsibility or liability arising from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

31.         CCOZ reserves the right to suspend or terminate, with or without notice, any Customers’ account, which in CCOZ’s opinion, directly or indirectly is involved in activities, which are detrimental to CCOZ’s Internet service or jeopardise the use of CCOZ’s service or its performance for other customers or how the wider community will perceive CCOZ. 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 CCOZ or its Customers on any Real-time Black List, e-mail bombing 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.

32.         CCOZ has the right to recover revenue from the Customer for any costs incurred for damages and/or repairs and/or maintenance and/or loss of business caused by, or resulting from, any of the above activities (clause 30 and 31).

33.         The Customer must not use the CCOZ service in a way or post to or transmit to or via the CCOZ 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 CCOZ service. The Customer must not use the CCOZ 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.

34.         CCOZ reserves the right to suspend without notice any Customers’ 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.

35.         CCOZ is not liable for any indirect loss or damage, loss of profits, loss of business or anticipated savings, loss, corruption or destruction of data or for any other type of indirect or consequential loss or damage whatsoever, as a result of using this service.

36.         CCOZ 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.

37.         These ADSL Terms & Conditions are subject to change without notice.

38.         The Customer agrees to be bound by CCOZ’s Standard Terms and Conditions as displayed at the CCOZ Internet web site www.ccoz.com. The Customer understands that CCOZ’s Standard Terms and Conditions and CCOZ’s ADSL Terms and Conditions can be amended from time to time.

39.          CCOZ makes no warranties or representations as to the accuracy of Information in or linked to the CCOZ web site and assumes no liability or responsibility for any errors or omissions in content.

40.         This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and CCOZ relating to ADSL Internet Connection Services.

41.         This Agreement shall be deemed to have been made in Melbourne, 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.

Signature (Applicant)            Print Name               Position Held             Date

Please FAX Completed Application to (03) 9387-0919