These conditions apply to all services provided by Riverland Web & Email Services.
“The Service” includes all services provided to the subscriber by Riverland Web & Email Services (RWE).
The Subscriber undertakes that he/she is over the age of 18 years old and understands the terms of this agreement.
Extent and Limitations of Service
- The subscriber is entitled to use the Service at any time, subject to the limitations of the type of service for which he/she has subscribed, and subject to the limitations and exclusions of this contract. The Service described above does not include any Support or Consultancy, initial or otherwise, except as specifically agreed. The Service does not include provision of transmission lines between the Subscriber and the Service, nor the provision of any software or hardware, unless as otherwise specifically stated herein and agreed by RWE.
Software provided by RWE
- If RWE provides software to the Subscriber, the Subscriber undertakes to abide by any and all licensing terms contained in or relating to such software.
Payment and Variation of Fees and Charges
- All charges are due and payable as per the RWE Fees and Charges schedule or as per any invoice tendered to the Subscriber by RWE unless otherwise agreed. RWE reserves the right to increase or decrease the charges for the Service and/or to charge on a volume basis where at any time such charges are imposed upon RWE, or any other Network or Service Provider, in relation to the provision of the Service to the Subscriber. The Subscriber agrees to pay the invoiced amount in full within 30 days from the date of invoice, and to pay reasonable collection costs incurred by RWE if this becomes necessary.
- Refunds of previously paid invoices are not available except as required by law. However RWE will refund payments for invoices that were in error.
- RWE undertakes to ensure, as far as is practicably possible, that the Subscriber’s information and the Subscriber’s account on RWE’s systems, and all matters related thereto, will be kept private and confidential.
Responsibilities of the Subscriber
- The Subscriber shall, in respect of the use of the Service, at all times conduct herself/himself in a responsible and considerate manner. The Subscriber shall not use or allow the Service to be used for any unlawful or illegal purpose or involve the use of the Service in any breach of any civil or criminal law. The Subscriber shall be held responsible for any virus activity reported to RWE by our wholesale suppliers or other agencies and cannot hold RWE responsible for any interuption to supplied service due to malware or spyware incidents. The Subscriber is responsible for the maintenance and security of her/his access facility to RWE’s system and the security and integrity of login and password procedures to the Subscriber’s own account. The Subscriber shall remain responsible for any use by unauthorised persons logging in through the Subscriber’s account via the use of the Subscriber’s access facility and/or as a result of the obtaining and use of the Subscriber’s login and password procedures.
- The customer is required to provide RWE with correct and up-to-date contact details for billing and technical notification purposes. It is the customer’s responsibility to ensure these details are kept up to date. RWE takes no responsibility for any disruption to services due to inability to contact the customer.
Breaks or interruptions in service
- RWE is entitled at any time, with or without notice to the Subscriber, to temporarily withdraw the Service for any purpose, including maintenance, service, upgrades, emergency procedures and/or repair. RWE is not responsible for any break or interruption of the Service howsoever caused except and to the extent that such liability is imposed upon RWE by any law currently in force. RWE does undertake, where such a break or interruption has taken place, to endeavour to restore the Service as soon as is practicably possible, where this is within the control of RWE.
- While we make all reasonable efforts to deliver email, our storage capability is limited. We do not promise to keep email forever, but only for a period determined by us. Long term storage of email is your sole responsibility and RWE will not be held liable for any loss or damage to email left on our servers.
Term of Contract
- This contract shall, subject to the provisions hereof, remain in force from the date stated at the head of this contract until such time as the account is terminated in writing either by the Subscriber or by RWE.
Rights of termination of service:
By the Subscriber
- The Subscriber may, upon 30 days notice in writing given to RWE, terminate his/her/its subscription. However, any fees and/or subscriptions paid to RWE are not refundable to the Subscriber.
By Riverland Web & Email Services
RWE may at its discretion, terminate the Service to the Subscriber at any time upon the following events:
• upon RWE giving to the Subscriber no less than 30 days notice in writing of termination.
• immediately and without notice upon a breach of this Contract.
• immediately and without notice upon any breach by the subscriber of any law, civil or criminal, relating to or connected with the use or involvement of the Service.
• upon any invoice/statement, having been tendered by RWE to the Subscriber, remaining unpaid beyond the payment date stated on the invoice.
- The Subscriber hereby agrees to indemnify RWE against all loss, damage, liability and/or expense of any nature, howsoever caused or incurred, as a result of or arising out of any claims made or proceedings commenced against RWE by any third party. This clause does not apply where the claims and/or proceedings mentioned above did not arise from or were not connected with the use of the Service by the Subscriber, or by the involvement of RWE through or caused by the Subscriber in any matter or circumstance from which such claim or proceeding arose.
- RWE shall not be held liable for any loss or damage arising from or in connection with the use of or in relation to any matters arising out of the provision of the Service, or in consequence thereof except and to the extent that such liability is imposed upon RWE by any law currently in force. RWE shall not be held liable for any loss or damage arising from or in connection with or in relation to any matters arising out of any Support or Consultancy provided to the Subscriber by or on behalf of RWE pursuant to the terms of this contract.
- This Agreement, together with the terms for the specific service (such as the Dialup Terms for a dialup service) constitutes the entire agreement between RWE and the Subscriber in respect of all matters covered by this Agreement and all prior agreements and representations are hereby superseded. However, you may have certain inalienable statutory rights under such legislation as the Trade Practices Act 1974 (C’th) or other such Commonwealth or State legislation. This Agreement should be read as being subject to and shall not override any such statutory rights.
- This Agreement is governed by the laws in force in the State of South Australia and the parties hereby agree to submit to the jurisdiction of this State.
Last Revised 30/3/2015 and subject to change without notice.