Terms and Conditions
These are the minimum terms a customer must accept and agree to at login from a location before commencing any session. References to “we,” “our,” or “us” pertain to Superopti Pty Ltd (ABN 26 662 072 844) at the location. “You” or “Your” refers to the customer.
- Provision of Service
1.1 Service Continuity
We will use all reasonable efforts to ensure the continuity and efficiency of the Service. If, due to our negligent act or omission, you are unable to access the Service during the term of these terms, we will, at our sole discretion, issue you with an amount of credit equal to the extent in time that you could not access the Service.
- Log-In Information
2.1 Confidentiality
You are responsible for maintaining the secrecy and confidentiality of your Identification and Log-In information. You will not disclose such information to any other person, corporation, entity, or organization.
2.2 Payment Liability
You are liable for the payment of all User Charges resulting from access to the Service through the use of your Identification or Log-In information, whether authorized by you or not, except to the extent such access is a result of our negligent acts or omissions.
- Your Obligations
3.1 Covenant and Agreement
You covenant and agree that: (a) You shall provide your own hardware necessary to access the Service; (b) Pay all charges associated with your use of the Service; (c) Disconnect your hardware if, in our reasonable opinion, it is or has been the cause of failures, interruptions, errors, or defects in the Service; (d) Not use your hardware (when accessing the Service) in a manner inconsistent with these terms; (e) Warrant that in accessing and using the Service, you will only use software and hardware that you are legally entitled to use; (f) Be responsible for preparing and maintaining sufficient backup files and data storage capacity for all your data requirements, including electronic messages; (g) Acknowledge that we have no responsibility to provide training in the use or access of the Service; (h) Not rely on the Service having any particular performance characteristics, response times, or availability.
3.2 Network Boundary Point
You and us agree that the Network Boundary Point, for the purposes of the Telecommunication Act 1997 (Cwth), is the point where the backhaul fibre connects to the switching equipment in the basement of the Location.
- Use of the Service
4.1 Compliance
You shall comply with all reasonable directions that we may issue with respect to the use of the Service.
4.2 Prohibited Activities
You shall not engage in or permit disruptive activities, including but not limited to: (a) Circulation of unsolicited publicity or advertising material; (b) Propagation of computer worms and other viruses; (c) Unauthorized access to any other computer system or network; (d) Sending harassing, obscene, offensive, or threatening electronic mail; (e) Forgery of electronic mail; (f) Placement or transmission of any defamatory or pornographic material on the Internet.
4.3 Illegal or Fraudulent Activities
You will not knowingly access or permit any other party to access the Service for any purpose or activity of an illegal or fraudulent nature.
4.4 Breach Consequences
If we consider on reasonable grounds that you have breached your obligations, we may refuse your access to the Service.
4.5 Privacy Compliance
You must comply with all obligations related to the collection and use of personal information as provided in the Privacy Amendment (Private Sector) Act 2000 (Cwlth).
- Varying a Service
5.1 Proposed Variations
We may propose variations to these terms by giving you written notice.
5.2 Variation Methods
When giving you notice under clause 5.1, we will inform you of the method by which these terms are to be varied.
- The Data
6.1 Access and Amendments
We reserve the right to restrict access or make unavailable any Data or Database previously accessed by you on the Service or the Internet.
6.2 Amendments and Repairs
We reserve the right to amend, repair, or vary particular programs, information, and facilities from time to time at our discretion, even if it results in a variation, amendment, or limitation of the functionality of the Service.
6.3 Copyright Compliance
You shall not knowingly infringe any party’s copyright or intellectual property in relation to Data and shall not modify, delete, or corrupt the Data.
6.4 Information Accuracy
We make no representation concerning the completeness, truth, or accuracy of any information, Data, programs, and material accessed by you from any Database.
- Protection of Intellectual Property
7.1 Restrictions
You will not knowingly reproduce, distribute, reverse engineer, decompile, transmit, publish, copy, transfer, or commercially exploit any information, data, images, or software programs accessed through or received from the Service that would infringe the intellectual property rights of any other person.
7.2 Consent and Approval
You shall be responsible for obtaining any consent, approval, or license from the holders of any intellectual property rights required to enable you to deal with any relevant Data.
- Service Availability
8.1 Continuous Service
We shall use all reasonable endeavors to provide the Service on a continuous basis during normal business hours. However, we may suspend all or part of the Service immediately under certain circumstances.
8.2 Termination Conditions
If our license or authority to provide the Service is withdrawn or altered, we may elect to discontinue your access to the Service.
8.3 Scheduled Maintenance
We will provide you with seven (7) days’ notice of any scheduled maintenance of the Service, except in emergencies.
8.4 No Liability
You have no claim against us for any loss of access or functionality to the Service, whether such claim lies in contract, tort, or otherwise.
- User Charges
9.1 Payment Agreement
You agree to pay the specified and advertised User Charges for the Service. All Superopti plans are pre-paid services. This means you will be charged within 3 days of activation, (once your internet is active). Each month you will be charged on your anniversary date. If your payment was not made on your anniversary date, your account will be disabled and internet disabled.
9.2 Initial User Charge
Any initial User Charge required by us for processing your Application and providing initial access to the Service is non-refundable and payable in advance.
9.3 Additional Charges
We reserve the right to charge an amount in addition to the initial User Charge required due to unanticipated circumstances.
9.4 Invoice Disputes
If you have not notified us in writing within seven (7) days of the invoice date of a dispute, you shall be deemed to have accepted the invoice amount in full.
9.5 WiFi Router
Superopti provides a WiFi router in each apartment. Superopti owns this device and cannot be removed or used at any other location. A $150 fee may apply if removed without consent.
10. Consent to transfer
10.1 You agree and consent that if transferring from your existing internet supplier to Superopti that you are aware of any cancellation fees or exit fees from that supplier. Superopti does not pay or credit any charges from your existing provider to you as the customer when selecting Superopti as your new provider.
10.2 You also agree that you have Authorization of the Transfer by the Rights Of Use Holder, Authorized Representative of that person or someone else otherwise able to authorize the Transfer e.g. Customers experiencing domestic violence. Please ensure that you speak to a Superopti team member immediately if you are transferring a service based on this clause.
