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

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.

Cancellations

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 cancellations@ozot.com.au

Cancellation Process

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.

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.

Speed Upgrade Process

To upgrade the speed of your internet plan you will need to email contact@ozot.com.au . 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.

Affiliate Program

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.

Discounts Program

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.

Communication

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.

Financial Hardship

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 contact@ozot.com.au 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.

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;