Saco Technology ABN 27 951 866 301 (hereinafter referred to as "Saco or Saco Technology") and the Customer (being an entity subscribing to Saco Technology for the provision of Dial Up, Broadband, Business DSL, Wireless Internet, Web Hosting, Domain Names, Landlines, Mobile, VoIP and or inbound ervices, accept, without limitation or qualification, these terms and conditions);

The Customer agrees to be bound by ALL Saco Technology’s Terms and Conditions as displayed on the Saco Technology web site at www.sacotechnology.net.au. The Customer understands that ALL Saco Technology’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 Terms and Conditions, on the Saco Technology web site at www.sacotechnology.net.au. If the Customer fails to comply with any of the conditions set out in this Agreement and/or with Saco Technology’s Terms and Conditions, Saco Technology may terminate this Agreement immediately by giving written notice. On termination, the Customer's right to use the service ceases immediately and Saco Technology will not be liable for any loss or damage suffered by the Customer. This Agreement shall operate and be binding upon the parties from the date of its execution. This Agreement shall be deemed to have been made in Brisbane, 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. Saco Technology reserves the right to change these Terms and Conditions without notice to the Customer. The Customer agrees that information concerning the Customer will be held by Saco Technology and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between Saco Technology and the Customer. This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Saco Technology relating to any of our internet and communication services.

Provision of Service:

In order for Saco Technology to provide the range of services available to customers you will require various hardware including but not limited to modem/router, VoIP phone, ATA, landline phone and mobile. You may also require your telephone line to support ADSL and for you to have an active line. Saco Technology not guarantee that you are eligible for all service even after annitial checks have been made and can’t guarantee service availability till service has been connected at the required location. The Customer agrees and understands that in some cases it may not be possible to provide the a service due to Third Party Carriers Network and in such an event both parties will be released from their obligations under this Agreement and Saco Technology 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 ADSL Service and may not be available to the Customer after connection to the ADSL Network. The Customer agrees and understands that their application may be rejected/delayed by Telstra due to, but not limited to, transpositioning (the line cannot carry ADSL). The Customer acknowledges that this is an issue with Telstra and not directly with Saco Technology. The Customer acknowledges that there may be a minor disruption to the nominated standard telephone service during installation/setup of ADSL, Business DSL and or our landline service. Where the installation of equipment involves a telephone line, the Customer warrants that the Customer is the legal renter of the telephone line. 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 or to the carrier of the Customer's choice. The Customer is required to make sure their telephone line is active at all times. If the ADSL connection is cancelled due to, but not limited to, a client’s telephone service being suspended or a change of lease/retail details, a charge will be payable to reconnect the service. The Customer is not to allow a Third Party to use their service without direct supervision and/or written authorisation by Saco Technology. The Customer is responsible for all use of the service including use that is not authorised by the Customer which includes viruses. The Customer agrees to direct all queries regarding faults and outages of the service to their local agents which will then inform Saco Technology. The Customer is liable for any inquires to Third Party service providers or Telstra. Saco Technology will invoice the Customer for any cost incurred by the Customer calling Telstra or any other 3rd party for any help or queries relating to their service. Equipment provided by Saco Technology to the Customer or agent 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 and the unit is returned from the manufacture. Saco Technology will only deliver the customer's equipment to the shipping address as indicated by the Customer on the registration form. In a situation where a Customer or Agent is not able to receive ordered equipment and the equipment is returned to Saco Technology, the cost of the return is carried by the Customer. If you have a "Back to Base" alarm, depending on the type of alarm, you will need to install a filter or a central splitter. You will need to contact an Austel approved technician to install the central splitter. For further information contact please contact your local. Saco Technology will charge the Customer for redirection of the delivery.

Billing:

The Customer agrees to pay charges for the service/s which are provided in accordance with the Saco Technology Price List. The Customer understands that these charges might be altered from time to time by Saco Technology without prior notice. However, Saco Technology will endeavor not increase the access charge payable by the Customer during the Initial Contract Period. Changes, additions and/or cancellations incur additional charges, as displayed on the Saco Technology website (www.sacotechnology.com.au) and the Saco Technology Price List. 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 direct debit, once the service has been confirmed as available. Payment options may vary depending upon your package/service selection.

Saco Technology will commence the Initial Contract Period on the day Saco Technology confirms that the service has become active. The initial payment will include (but is not limited to):
The relevant Activation Fee
The remainder of current month.
Next month payment in advance

Downloads/Calls/Bandwidth/Storage in excess of monthly allowances may attract an excess charge, as specified in each plan and will result in terminate of the service or in the reduction of speed. You may terminate the Service by giving Saco Technology 14 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 cancellation fee will apply (as stated on our website). Any unused time as at the date of cancellation will not be reimbursed. If for any reason the disconnection is not genuine you will still be liable for the balance of the contract. You authorise Saco Technology to debit these payments to your credit card or bank account on receipt of a termination notice from you. Any support, maintenance and/or consulting by Saco Technology 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. The Customer agrees the services we provide cannot be resold. The Customer understands that changes to the service, such as changing the address at which the service is installed, will incur an additional charge. The Customer agrees to pay the then current administration fee before any changes are made. The Customer understands that a change to their service in the form of but not limited to bandwidth/speed and/or package and a change in type of connection will incur a fee which will be charged at the then current administration fee. The Customer understands they may also incur a disruption to their service. The customer agrees that for all overdue bills that are more then 7 days overdue, Saco Technology reserves the right to charge an interest rate of 10% pa for each day the bill remains overdue. The customer also understands that all accounts which are overdue by 14 days or more will be sent to the debit collection agency and will be responsible for any fees related to the collection of the overdue monies.

Usage:

The Customer is responsible for all usage charges in respect of the use of their, internet, communication and or hosting service whether or not such usage was authorised. It is the Customer's responsibility to maintain the security of the means of access to these 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.

Liability:

The Customer acknowledges that Saco Technology cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Saco Technology network or that of a Third Party Carrier's Network infrastructure. Customers use the entire range of services at the Customers own risk and Saco Technology 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 Saco Technology, its suppliers, agents, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of Saco Technology’s services. Saco Technology will use its best endeavours to make our entire range of services available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that Saco Technology cannot guarantee uninterrupted service, the speed, performance or quality of the services. The Customer further acknowledges that our services are not fault free and there may be interruptions and/or access problems from time to time as Saco Technology depends on the performance of Third Parties over which Saco Technology has no control and therefore can accept no liability for problems that may arise from the Service. The Customer hereby indemnify's Saco Technology against all liability, costs, loss or damage, suffered or incurred by Saco Technology, its suppliers, agents, employees, contractors and assignees arising from their use of any of the internet and communication services which are provided. Saco Technology 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.

Transfer/Port Agreement:

Saco Technology will supply the service which has been requested from the date the transfer takes effect. The customer agrees to pay Saco Technology for all charges associated with the transfer/port of the service being requested. The Customer will still be responsible to their current supplier of the service for any charges incurred and/or billed up to the date the transfer takes effect. Saco Technology may refuse or cancel the Customer’s service on the basis of its credit assessment of them. After the transfer, the Customer may not be able to receive certain benefits they currently receive from their old supplier (e.g. discounts or specific product enhancements). The Customer authorises Saco Technology to act on their behalf to transfer their current service. Saco Technology and its agents do not provide support for equipment which hasn’t been purchased from Saco Technology and or its agents. The Customer’s service will remain active with their current supplier until the transfer takes place. The Customer will need to contact their current supplier about any faults with their service until this transfer takes place. The Customer may experience an outage in their service of up to 4 hours (This will revary depending on the service being ported/transferred and when it occurs) whilst the transfer takes place. Saco Technology is not liable for any delays, as we are dependent on a 3rd party. Saco Technology holds no liability if the transfer/porting is rejected or experiences difficulties. The Customer is the account holder of the service(s) listed above, or is authorised by the account holder to transfer this service to Saco Technology. The Customer understands that it is their responsibility to check the terms of their contract with their current service supplier to determine if there will be any consequences under that contract as a result of this transfer (such as an early termination payment). The Customer authorises Saco Technology to confirm, on their behalf, their current technical data to be used for the transfer process only.

User Responsibilities:

The User shall not use the Service so as to interfere with or disrupt the network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms and or viruses, transmission of excessive traffic (such as flood pings), using the network to make unauthorised entry to any other machine assessable via the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic messages and or Usenet news postings.The User agrees to refrain from posting of messages to inappropriate Usenet newsgroups, to refrain from mass, unsolicited e-mailing, to post advertising only where appropriate, and in venues that specifically encourage or allow advertising. The User hereby indemnifies the Company in respect of any loss or damage claim suit or proceeding against the Company by any person arising out of the use of the service by the User including but not limited to the transmission of any illegal and/or fraudulent material. It is the User’s responsibility to ascertain the full cost of accessing the service, included but not limited to carrier charges imposed by any telephone Company or the charges imposed by any ISP used to access the service. The use of the service is at the sole risk of the User. The Company only controls and/or monitors the content and information accessed via the service to the extent specifically required by law, and the Company, its agents or its employees shall not be held responsible in any way for any content or information accessed by the service. The User is responsible for the selection and use of security features and backup of any information or data. The Company takes no responsibility for any information, data, viruses or worms stored on its machines or passing through its network.
The User takes full responsibility for all uses of the service, whether such usage is the result of deliberate and/or negligent action on their part. The service is not available to any person under the age of 18. The Company may request a copy of identification confirming that the User is over 18 years. If a User allows a minor access to the service, it is the sole responsibility of the User to supervise the minor’s activities. Some of the software that the Company provides is shareware. It is the User's responsibility to ensure that any charges that are payable for use of the software, above and beyond the free trial period, are paid in full to the appropriate entities. The User shall choose secure passwords and ensure that these passwords are not disclosed to any unauthorised person.

Termination:

This agreement may be terminated by either party with the giving of 30 days notice to the non-terminating party. It is the User’s responsibility to notify the Company if the service is no longer required.
The Company reserves the right to temporarily disconnect the User in the event of serious operational faults or security incidents arising through the User’s connection to any of the services provided by Saco Technology or in the event of continued abuse of this agreement by the User. The User will be disconnected without notice for serious breaches of these conditions. Either party is entitled to immediately terminate this agreement by notice in writing to the other party in the event that: an order is made or an effective resolution is passed for the winding up of the other party; or an administrator of the other party is appointed. The forbearance on the part of the Company from terminating the service on the first date the Company is entitled to do so shall not constitute any waiver of the Company’s rights to maintain strict time limits for payment and insist upon standards of User behaviour pursuant to this agreement. Saco Technology reserves the right to terminate any service which is connected or otherwise in use which is considered inappropriate or detrimental to be associated with the Saco Technology trading name.

Cancelling Contract:

Cancelling any of our services during the contract period will result in a cancellation fee or the remaining amount of the contract being paid out and this will be exercised at the discretion of Saco Technology.

Specific Acceptable Use Policies:

All internet and communication accounts are cover by an acceptable usage policy with the management of Saco Technology decided what expectable usage is and reserve the right to change their meaning of acceptable use at any time.

Server/Service abuse:

Any attempt to undermine or cause harm to a server or service, and or customer, of Saco Technology is strictly prohibited. Saco Technology will strongly react to any use or attempted use of our Internet account or computer without the owner's authorization. Such attempts include but not limited to "internet scamming" (tricking other people into releasing their passwords, bank details etc), password robbery, security hole scanning etc. Any unauthorized use of our services will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Commercial Advertisements with E-mail:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

Payment Policies:

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Saco Technology in writing for a request for termination of services. All payment is in Australian currency. In the event any monies are dishonored in the form of either checks being returned or chargebacks, Saco Technology may apply a $50.00 account fee in addition to any monies due and also reserves the right to charge the customer for any costs associated with collection of these due monies by the use of a debit collection firm.

Cancellation:

Saco Technology reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Saco Technology if Saco Technology institutes it's right of cancellation. If the Customer cancels their account, all fees pre-paid will be returned on a pro-rata basis at Saco Technology Internet's discretion. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All customers are required to advise within seven (7) days, in writing or via email, if they wish to cancel their account. Failure to advise within 7 days of your account being due will result in the customer being charged for the following month.

Lawful Purpose:

Saco Technology reserves the right to refuse service to anyone, without explanation. Customers may only use Saco Technology’s servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Saco Technology expressly forbids anyone from using Saco Technology servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Saco Technology management. In addition any site selling or promoting bulk email services is not allowed

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Saco Technology harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Saco Technology, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Saco Technology against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Saco Technology server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Saco Technology server.

Disclaimer:

Saco Technology will not be responsible for any damages your business or home may suffer. Saco Technology makes no warranties of any kind, expressed or implied for services we provide. Saco Technology disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Saco Technology and its employees, agents and vendors. Saco Technology reserves the right to revise its policies at any time.

Pricing:

All prices quoted throughout our website and sales material is inclusive of GST but we reserve the right to change pricing without notice.