Terms and Conditions



Definitions


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.

“Agreement(s)” means “TaC”, “SLA”, “AUP”, and “Privacy Policy”.

“Website” means ozot.com.au



General


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.



Power Supply


You have to arrange and pay for any electricity supply needed for a Service(s) at your premises.



Billing


Billing is due at the end of each calendar month.

Your first bill will be pro-rated in accordance with the end of the calendar month.

You must pay for your services before the due date.

Invoices are emailed 7 days before their due date.

If you have automatic payments setup on our portal then you will be automatically charged on the invoice due date.



Affiliate Program


Every customer that signs up using an affiliate code will receive monthly recurring revenue for each customer up to 1 year from when the customer signs up. Affiliates will not receive recurring revenue for the 1st calendar month of a customer signing up due to the 1st calendar month being pro-rated. Affiliates will receive their monthly recurring revenue deposited into their bank account up to 14 days after the end of the calendar month. Affiliates are not allowed to spam their affiliate code to customers. 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 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


If a customer signs up using 'Recruit a Friend' their friend will receive once off credit to their portal account. Their friend will only receive the credit to their portal account after the 1st calendar month billing cycle due to the 1st calendar month billing cycle being pro-rated. 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.



Elite Player Discount


If a customer is eligible for the Elite Player Discount then the discount is applied to their service(s) in perpetuity. The 'Elite Player Discount' cannot be used in addition to 'Affiliate' or 'Recruit a Friend'. 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.



Lowest ping


Ozot provides the lowest ping to AU LoL, Dota 2, CS:GO, Valorant, WoW, Rainbow Six Siege, Teamfight Tactics, Hearthstone, Overwatch, Rocket League, Starcraft II, Fortnite, CoD Warzone, Apex Legends, FIFA 21, Escape from Tarkov, CoD Cold War, and H1Z1 game servers. If another ISP is using the same lowest latency cable Perth <-> Sydney then we can only provide equal ping. The ping during NBN CVC congestion is not included. The ping of the customers home network (LAN) is not included. The ping during network failure or congestion is not included. 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.



Failure to Pay


Ozot may temporarily deny Service(s) or terminate this Agreement upon failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of the responsibility for the payment of all charges.



Cancellations


To cancel your service(s) with us you can email cancel@ozot.com.au . The email address used for your portal access has the authorisation to cancel your service(s). The authorised person has the authorisation to cancel your service(s).



Service Fees


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. Because the Service(s) is provided on a monthly basis, the Subscriber will be responsible for Service Fees incurred each month, regardless of when the Subscriber provides notice of termination. We do not partially charge Subscribers for a subscription only on a month by month basis. This means that if you were to terminate your subscription on the 20th day of a particular month, the Subscriber will be responsible for Service Fees for the entire month, and such fees will not be pro-rated or refunded.



Refunds and Chargebacks


We do not refund partial monthly fees to Subscribers. Only authorised account holders or an authorised contact may cancel the account. Authorised contacts are appointed only by the account holder.



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.



Content


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).



Infringement


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.



Complaint Handling


If a customer has a complaint about their account or service(s) that needs to be resolved they can email complaint@ozot.com.au 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).



Dispute Resolution


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:

(b) contact@ozot.com.au;

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.