In this document, the following words have these meanings:
“Ozot”, “We”, “Us”, “Our” means Ozot (ABN 57 619 004 009).
“You”, “Your”, “Customer(s)”, or “User(s)” means a “Subscriber” to the Service(s).
“Sub-User(s)” means a User of the Subscribers local area network that isn’t the Subscriber.
“Service(s)”, “Subscription(s)” means any product(s) or service(s) the Customer has ordered for use.
“TaC” means Terms and Conditions.
“SLA” means Service Level Agreement.
“AUP” means Acceptable Use Policy.
“Website” means Ozot.com.au
Any participation in our Service(s) will constitute acceptance of this Agreement. This Agreement governs your use of our Service(s). Ozot is required by Acts of Parliament to follow the following Commonwealth Laws:
1. Telecommunication Act 1997 – Determination under subsection 51(1), No 1 of 1998;
2. Telecommunications Act 1997;
3. Telecommunications (Consumer Protection and Service Standards) Act 1999;
4. Telecommunications (Interception and Access) Act 1979;
5. Telecommunications (Emergency Call Service) Determination 2009;
6. Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015;
This agreement applies to all Users of the Service(s), including without limitation any Sub-User of a User’s Service(s). Using the Service(s) in any manner constitutes your acceptance and agreement to be bound by this Agreement.
In Subscribing to our Service(s) and entering into this Agreement, you warrant that you are no legal impediment from doing so and that this Agreement will be legally enforceable against you in accordance with its terms.
Ozot reserves the right, at any time and from time to time, to amend or to modify this Agreement without prior notice to you, provided that if any such alterations constitute a material change to this Agreement, Ozot will notify User’s through email.
Limit of Service(s)
We are responsible for making sure your service(s) are working up to the nbn™ NTD demarcation point. We are not responsible for the Router or Modem installed at your premises. We are not responsible for your local area network (LAN). We are not responsible for your Wifi.
Your responsibility for equipment
You are responsible for any equipment at your premises including equipment that belongs to nbn™. You have to pay nbn™ for any loss or damage to their equipment at your premises.
You have to arrange and pay for any electricity supply needed for a Service(s) at your premises.
The billing period is for the calendar month. Your first invoice will be pro-rated to the days of the month. The due date of your first invoice is at the start of your billing period. Your second invoice will be for the full calendar month. The due date of our invoices are on the 1st of each month. If your invoice is 3 days overdue then your service will be slowed to 1Mbps. If your invoice is 6 days overdue then your service will be cancelled immediately.
To cancel your service(s) we require 3 business days notice. We are only able to cancel services on business days. We refund partial monthy fees to Subscribers for the pro-rated days from the day after the actual service cancellation date. To cancel your service(s) email email@example.com
1. Customer notifies us they want to cancel their service(s) on x date.
2. Service(s) are cancelled on x date.
3. We will provide a partial refund pro-rated to the days remaining after your service(s) cancellation date. The refund processing fee will be deducted from the pro-rated refund amount. The partial refund will be to your most recent payment method made to us. The partial refund will typically take 5-10 business days.
Certain Service(s) carry a setup fee charged by Ozot to Subscribers, which must be paid by the Subscriber in order to have use of said Service(s). If a Subscriber terminates this Agreement, the Subscriber is responsible for any and all outstanding fees owed to Ozot.
Speed Upgrade Process
To upgrade the speed of your internet plan you will need to email firstname.lastname@example.org . You will receive an additional invoice that will bring your months total to the costs of the new speed plan. The next billing month will be for the new speed plan. If you are downgrading to a lower speed plan we will complete this at the end of the month and you next billing month will be for the lower speed plan.
We have an affiliate program that allows Twitch streamers to make recurring revenue from referring viewers that turn into customers of ours. We will donate $10/month to you for each viewer referral that becomes a customer of ours. We will donate $10/month for each referral for as long as they stay a customer of ours up to a period of 12 months ($120 total). The affiliate link does not change the price of internet plans for the viewer. Affiliates are not allowed to breach spam laws. We are not able to provide the names, addresses, or emails of customers associated with an affiliate due to privacy. We are able to inform an affiliate of the total number of customers that have used their affiliate code upon request. Ozot does not specify any specific date the recurring revenue will be donated to the streamer. Ozot reserves the right to refuse to pay the affiliate at our discretion. Ozot reserves the right, at any time and from time to time, to amend or to modify this Agreement without prior notice to you, provided that if any such alterations constitute a material change to this Agreement, Ozot will notify User’s through email.
Recruit a Friend Program
We have a recruit a friend program that allows our customers to receive $20 credit for each individual referral that turns into a customer of ours. Customers are not allowed to breach spam laws. Ozot does not specify any specific date the credit will be added to the customers account. Ozot reserves the right to refuse to credit the customer at our discretion. Ozot reserves the right, at any time and from time to time, to amend or to modify this Agreement without prior notice to you, provided that if any such alterations constitute a material change to this Agreement, Ozot will notify User’s through email.
We have a discount program that allows our customers to receive discounts based on their in-game rank. Ozot reserves the right change the discount percentages at our discretion. Ozot reserves the right to refuse to discount the customer at our discretion. Ozot reserves the right, at any time and from time to time, to amend or to modify this Agreement without prior notice to you, provided that if any such alterations constitute a material change to this Agreement, Ozot will notify User’s through email.
Customers accept we may communicate with them via multiple different methods. Our primary methods of communication is via email and sms. We reserve the right to use other forms of communication with our customers (email, sms, call, mail, and more).
Failure to Pay
If your invoice is 7 days overdue then your service will be slowed to 1Mbps. If your invoice is 14 days overdue then your service will be cancelled immediately.
We understand that there are times when you may have trouble paying your bills, for a variety of reasons. This may be short or long term. We are committed to helping any customer facing financial hardship to retain their internet access, and working with them to find a sustainable solution. If you are experiencing financial hardship then reducing your plan to the cheapest internet plan is the first option. We permit payment extensions on a case-by-case basis. Email email@example.com with your situation to discuss options.
Limitation of Liability
In no event shall we, our director(s), employees, contractors, suppliers, be liable for contract, negligence or any other legal or equitable theory with respect to the Service(s):
(a) For any lost profit, data loss, cost of procurement of substitute goods or services;
(b) For any faulty, misconfigured equipment;
(c) For any non-renewal of the services;
(d) For any bugs, worms, viruses, trojan horses, distributed denial of service, denial of service, or the like;
You acknowledge that the fees that are paid by you reflect the risk set forth in this Agreement and that Ozot would not enter into this Agreement without these limitations. You hereby waive any and all claims against Ozot arising out of your Subscription or use of our Service(s), or any conduct of our directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the Service(s) or any other grievance shall be:
(a) In the case of a consumer able to reply upon the Australian Consumer Law;
(b) In all other cases, your termination and discontinuation of access to or use of the services.
You, as an Ozot Subscriber, are solely responsible for the content you access served by Ozot. You acknowledge that you are responsible for accessing all content served by Ozot. If the content you access is incriminating or illegal Ozot will comply with Australian Law and is not responsible for Subscribers content served by Ozot.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
(a) What Content you access via the Service(s);
(b) How you may interpret or use the Content;
To the maximum extent permitted by law, you release us from all liability for you having acquired illegal Content through the Service(s).
You are solely responsible for the Use of Ozot’s Service(s) to transmit any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. You are required to follow Australian Law when using Ozot’s Service(s) and are solely responsible for all actions made on our Service(s).
Termination & Suspension
We can terminate or suspend your Service(s) by telling you with as much warning as we can reasonably can if:
(a) The law requires us to do so;
(b) Providing the Service(s) becomes illegal or we believe on reasonable grounds that it may become illegal;
(c) You die;
(d) There is an emergency that affects our ability to provide the Service(s);
(e) We are not able to provide the Service(s) to you due to an event outside our reasonable control (such as failure in equipment);
(f) You fail to provide payment by the due date;
Governing Law & Jurisdiction
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of Western Australia and the Commonwealth of Australia, without regard to principles of conflict of laws. You agree that any dispute from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the courts of Western Australia and the Commonwealth of Australia. You consent to service of process via email address(es) provided by you and waives any requirement under any judicial treaty requiring that legal process is translated into any language other than English.
Ozot is required by Acts of Parliament to follow Commonwealth Law such as Part 14 of the Telecommunications Act – Nation interest matters to put in place measures to prevent telecommunications networks and facilities from being used to commit offences. Ozot will give law enforcement agencies such help as is reasonably necessary for enforcing the criminal law and laws imposing pecuniary penalties, protecting the public revenue and safeguarding national security. Ozot may be requested to suspend supply of carriage service(s) to an individual if requested to do so by a law enforcement agency.
If a customer has a complaint about their account or service(s) that needs to be resolved they can email firstname.lastname@example.org and we will respond within 10 business days. We will do our best effort to find a resolution to your complaint that both parties agree upon as soon as possible. We want our customers to have a great experience with us and will do our best to make sure issues are resolved as soon as possible.
Further Options: If you are not satisfied with our handling of your complaint you may make a complaint to the Telecommunications Industry Ombudsman (TIO).
You and Ozot agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to:
(a) the Website;
(b) this Agreement;
(c) the Services;
(d) The breach, enforcement, interpretation, or validity of this Agreement;
(e) Any other dispute between you and Ozot;
The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. The notice shall be sent to:
Both you and Ozot agree that this dispute resolution procedure will be followed that must be satisfied prior to initiating any legal proceedings against the other party.