Terms and Conditions

1. Customer Terms and Acceptable Use Policy
1.1 You have asked ZeeMac Networks (ABN - 34244351597) to provide you with the Service. The basis for the provision of the Products and Services offered by ZeeMac, and your obligations in using these Products and Services are entirely set out in these Terms and Conditions as varied from time to time.
1.2 It is a condition of using the Service that you comply with these Terms, so please read the following carefully.
1.3 You agree that you are over the age of 18 years, or if you are under 18 that you have obtained the consent of a parent, teacher or other responsible adult to install the Service.

2. Your Computer
2.1 In order to access the Service, you must provide a computer, equipped to the minimum recommended computer requirements ('Minimum System Requirements' - refer to the ZeeMac web site (www.zeemac.com.au/sysreqs.html) for the current list specified by ZeeMac, and the power required to run it. You (and not ZeeMac) are solely responsible for your computer and its operation.
2.2 If your computer does not meet the Minimum System Requirements, you may not be able to successfully access, operate or use the Service. In addition, you will not be entitled to receive customer support relating to any issue other than the physical network service. This corresponds to layers 1-4 of the OSI model.
2.3 While ZeeMac will take reasonable care not to cause any damage, ZeeMac' installation, inspection and maintenance of the Service may cause damage to your computer software, hardware or data. It may also invalidate your computer warranty. You agree to accept the risk of any of these things occurring. You also agree to back up all existing computer files by copying them to another storage medium or other computer before ZeeMac performs the installation. ZeeMac does not accept any responsibility or liability for any loss or damage it may cause to your computer, software, files, data or peripherals, even if the loss or damage is caused by a negligent act or omission of ZeeMac or its employees, contractors or agents.

3. Customer Support
3.1 ZeeMac provides a 30 day warranty (Network Uptime), at no extra cost, with any ZeeMac service supplied. If you notify ZeeMac of a fault with the service within this period, ZeeMac will attend, diagnose and resolve the faults in the Network at no cost to you. However, if the fault was caused by:
a. any non-ZeeMac installed equipment (such as your computer); or
b. any interference with or modification to the network or ZeeMac installed equipment, or a failure to use the network or ZeeMac installed Equipment in accordance with instructions
then ZeeMac will charge you for the repair or replacement (refer to Service Card).
3.2 If ZeeMac makes a service call at your request but there is no fault with the physical network or the ZeeMac installed equipment (for example, if the Service is not working because you are not operating your computer properly), ZeeMac may charge you a service fee (refer to Service Card).
3.3 Outside any Manufacturers Warranty period on any ZeeMac installed equiptment, the operation of these products, and any repairs to them, will be your responsibility. If ZeeMac repairs it, ZeeMac will charge you a fee (refer to Service card) for doing so.
3.4 If ZeeMac supplies an Interface Device to you and it fails within 30 days after being installed, ZeeMac will replace it. After this 30 day period, you are responsible for providing any replacement Interface Device required.

4. Risks of the Internet
4.1 There is content on the Internet which may offend you and which may breach Australian laws. For example, it is possible to obtain access to content which is pornographic, obscene or otherwise inappropriate or offensive, particularly for children. ZeeMac cannot control the content of the Internet and assumes no responsibility for it. You have the right to make complaints to the Australian Broadcasting Authority (ABA) about Internet content which is or would be rated R, X or RC. Please refer to the http://www.iia.net.au/ page for links to the ABA and information on ways to control content accessible on the Internet, including the installation of Filtering Software.
4.2 You must take reasonable steps within your power to prevent unauthorised access to the Service. This involves maintaining the firewall provided by ZeeMac. Any misuse, interference with or modification of this firewall is unauthorised and will void any warranty provided by ZeeMac
4.3 ZeeMac will endeavour to provide you with a secure network and may notify you of security breaches that may affect you. However, ZeeMac has no control over the behaviour of Internet users. ZeeMac has no liability for any loss or damage you may suffer from your use of the Internet or because your connection to the Internet has allowed another person to gain unlawful access to your computer or exposed your computer to a virus or similar.
4.4 If you purchase goods or services using the Internet:
a. ZeeMac bears no responsibility for those goods and services; and
b. you are responsible for any charges you incur.
4.5 If you transmit confidential information over the Internet (such as your credit card number), you bear all risk of loss or damage arising from such transmissions.
4.6 Software and other material downloaded from the Internet may introduce viruses or other harmful features to your computer. If you download material from the Internet, you do so at your own risk. ZeeMac has no liability for any loss or damage you may suffer.
4.7 You must notify ZeeMac immediately of any unauthorised or attempted unauthorised use of your Service and any other breach or attempted breach of security.

5. Extent of ZeeMac Responsibility
5.1 ZeeMac provides the Service on an 'as is' basis and does not warrant that the Service will be uninterrupted or error-free.
5.2 ZeeMac excludes all implied conditions and warranties from these Terms, except those implied conditions and warranties (such as those implied by the Trade Practices Act) the exclusion of which would be illegal or render this clause void ('Non-Excludable Condition'). Except to the extent that the Service is deemed to be a service ordinarily acquired for personal, domestic or household use, ZeeMac limits its liability for breach of any Non-Excludable Condition (except any warranty as to title) to re-supplying the goods or services which gave rise to the loss or damage or paying the cost of re-supply.
5.3 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
5.4 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
5.5 Subject to clauses 5.2 and 5.6, ZeeMac limits its liability for breach of these Terms and all loss, damage, costs and expenses suffered or incurred by the Customer in connection with the Service (whether arising in contract, tort (including negligence) or under statute) to re-supplying the goods or services which gave rise to the loss or damage or paying the cost of that re-supply.
5.6 ZeeMac excludes all liability to you (whether arising in contract, tort (including negligence) or under statute) for any indirect or consequential loss and damage you may suffer or incur in connection with the Service, including, but not limited to, loss of revenue, profits or business opportunities.
5.7 You indemnify ZeeMac for any costs, expenses, loss or liability directly or indirectly suffered or incurred by ZeeMac arising from your breach of these Terms or misuse of the Service.

6. General
6.1 ZeeMac does not waive its rights under these Terms or the Acceptable Use Policy unless the waiver is in writing and signed by an authorised representative of ZeeMac.
6.2 Any provision of these Terms which is void, voidable or unenforceable may be severed from these Terms and the remainder of these Terms will continue unaffected.
6.3 ZeeMac may amend these Terms (including the Charges) by giving you 30 days notice, by mail, email or by notice on the ZeeMac web site. ZeeMac may communicate with you by email in relation to the Service.
6.4 These Terms are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

7.Definitions
In these terms:

'Filtering Software' means Internet filtering software approved for use under the IIA Codes.

'IIA Codes' means the Internet Industry Codes of Practice registered under the Broadcasting Services Act 1992.

'GST' has the same meaning as the in the A New Tax System (Goods and Services Tax) Act 999.

'Interface Device' means a connector or network interface card.

'ZeeMac' means ZeeMac Networks (ABN 34244351597) and/or its distribution affiliates.

'ZeeMac Equipment' means the network equipment such as cabling and a wall socket, used to connect your computer to the ZeeMac network.

'Service' means the ZeeMac Service described in installation contract.

'Service Application Form' means the form attached to these Terms on which you apply for the Service.

'Software' means the software referred to in clause 2.1(c).

'Tax' means any tax (excluding GST), withholding tax, charge, rate, duty or impost imposed by any authority, but does not include any income or capital gains tax.

'Terms' means the terms set out in this document, including any modifications of those terms made by ZeeMac from time to time in accordance with clause 16.3.

'OSI' Open Systems Interconnection (OSI) model

8 Disclaimer and limitation of liability
8.1 TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF ZEEMAC INSTALLED NETWORK.