The ConcordNet website is operated by CASCADEICOM PTY LTD ABN 55 103 893 410 trading as ConcordNet and incorporating Defence Internet. (referred to hereafter as ConcordNet) From time to time, ConcordNet may make Internet Access services available on the ConcordNet website (www.concordnet.com.au ). Your access to and use of these Internet access services is subject to these terms and conditions,  Prior to using the services provided by ConcordNet you should read and understand the Terms and Conditions. Unless expressly stated otherwise in these terms these Internet access services are for Australian residents only.

1. Our services to you

a. ConcordNet will provide you with the products and services that you purchase from us from time to time ("Products" and "Services" respectively) and you agree to purchase and use these Products and Services on these terms and conditions as may be amended from time to time
b. Our agreement will commence on the date as outlined below
(i) The date that we accept your application for the provision of any of the Products and Services, either by notifying you or by providing you with access to those Products and Services; or
(ii) the date you start using any of the Products and Services. We may refuse your
application in our complete discretion.
(c) Our agreement will continue until the end of any fixed term set out in your application, until this agreement is terminated in accordance with these terms and conditions.
(d) We reserve the right to require offline verification of your identity or authority.

2. Provision of ADSL Broadband Access

(a) ConcordNet provides an ADSL Broadband service to customers where the customer will provide a fully functional Telstra telephone line.
(b) The obligation by ConcordNet under this Section is limited to provision of an ADSL Broadband connection.
(c) After an application for ADSL Broadband has been received, approved and any up front fees have been paid by the customer, ConcordNet will establish the ADSL Broadband account for the customer and advise the customer of the User Name and Password to use to access the ADSL Broadband Service

(d)  It is the responsibility of the customer to purchase, set up and maintain in working condition a Telstra approved modem or router, including filter or filters if required.
(e)  ConcordNet will provide support for ADSL Broadband services under the conditions and times as shown on the ConcordNet website.

3. The Customers use of ConcordNet’s Products or Services

a. You agree that you will use the Products and Services in a responsible manner. In particular, you warrant to us that when using the Products or Services, or providing information to us in relation to the Products or Services, you will not, nor will you allow others to;
(i) distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice;
(ii) distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights.
(iii) Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or paedophilia;
(iv) commit a crime or facilitate the committing of a crime;
(v) engage in any activity which is in breach of, or fail to comply with, any applicable law, rule, regulation, standard or code of practice;
(vi) perform or facilitate the mass distribution of advertising material, except to people who have consented to the receipt of that material, and you must cease the mass distribution of advertising material to those people once that consent is withdrawn;
(vii) engage in or fail to engage in any activity in a manner which will expose us to any liability;
(viii) fail to comply with any rules imposed by any third party whose content or services you are accessing or using, or any policy adopted by us;
(ix) use the Products or Services, or invite or direct persons to use the Products or Services, to access any content which it is illegal to publish;
(x) invade the privacy of others or alter the messages of others;
(xi) engage in misleading or deceptive conduct or fraud of any kind;
(xii) fail to clearly identify any material which is advertising or adult only material so that third persons can
determine whether to access that material or not;
(xiii) fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you to enable you to use the Products or Services, and you must change your account, identifier or password immediately on request to do so from us;
(xiv) cause or help to cause the security or integrity of any Products or Services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.
b. In addition;
(i) you indemnify us, our employees, contractors and agents, against any loss, costs or damage we may suffer as a result of the use of your Products or Services (whether or not by you or using your accounts, identifiers or passwords), or as a result of a breach of any of your warranties to us or any other provisions of this agreement;
(ii) you acknowledge that we have no control over any content accessible through use of the Products or Services and you have no claim against us in that regard;
(iii) you must obtain, install and maintain your own access equipment to the Products and Services and any authorization, permission, license, waiver, registration or consent from any person necessary in relation to that equipment. Without limiting this clause, you agree that you must make your own arrangements for the acquisition, installation and maintenance of any satellite dish and associated equipment and, while we may
facilitate those arrangements for you, ConcordNet is not the owner or lesser of that equipment, your agent in this regard, or liable to you in any way in this regard;
(iv) you must, at your cost, ensure full, free and safe access to any of your equipment or premises in order for us to provide the Products or Services to you;
(v) you must promptly provide to us all assistance and information we reasonably require in relation to the supply of the Products or Services to you;
(vi) you warrant that your representative responsible for the purchase of the Products and Services has all authority to do so;
(vii) you are responsible for providing any security or privacy you require for your computer networks and any data stored on those networks or accessed using the Products or Services, and you agree that we will not be responsible for any damage caused by your failure to provide same; and
(viii) you must safeguard and not tamper with any equipment we provide to you, and which is not bought by you from us, and which is
(xiv) cause or help to cause the security or integrity of any Products or Services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way used by you to access the Products and Services, provide that equipment with a suitable physical environment and only permit us to repair, service, move or disconnect that equipment unless otherwise agreed by us. You bear the risk of loss or damage to that equipment while it is in your possession or control, except if it is damaged by our negligence or wilful act.

4. The Customers Obligation to Pay ConcordNet

(a) ConcordNet offers ADSL Broadband services on a pay in advance basis using a direct debit system. As a condition of using ConcordNet’s Services the customer must complete a direct debit form supplied by ConcordNet and return the completed form to ConcordNet prior to the ADSL Broadband account being established. The direct debit can be from the customer’s bank account or from a credit card. The minimum payment is one month in advance; however this can be increased if ConcordNet and the customer agree to do so.

(b). In return for us providing the Products and Services to the customer,  the customer must pay all relevant fees, charges and costs notified to you and as may be amended by us from time to time ("Fees"). ConcordNet will give at least 14 days notice of any intended changes to  prices or terms and conditions of any service or product. If you do not agree to those changes in the terms and conditions or pay those increased Fees you must, within 10 days of receiving that notice from us notify us in writing that you do not accept the increase. Upon receiving that notice from the customer, unless agreed by us, your right to use the subject Products and Services will cease.

(c)  Notwithstanding clause 4(b) if ConcordNet does not receive any notices from the Customer in accordance with clause 4(b) and you continue to use the Services after 10 days from our initial notification ConcordNet may at its sole discretion apply the price increase, or allocate another ADSL Broadband plan to the customer. In these circumstances the customer agrees that they have consented to the change in ADSL Broadband plan or increase in Fees and they are responsible for any fees incurred, including excess data download or upload fees that may apply.

(d). If a customer has signed up for a contracted period ConcordNet may only increase or change the conditions if it caused by circumstances beyond the control of control of ConcordNet. This includes but is not limited to the increase in wholesale prices for ADSL Broadband.
(e) The customer is solely responsible for the use of the Products and Services and for all payment of any Fees arising from the use or provision of the Products or Services, whether or not the user had the customer’s authority.
(f). Records held and logging procedures adopted by us in relation to usage by or provision of your Products and Services are prima facie evidence that the customer has used or ordered that Product and Service as indicated.
(g) In relation to excess data download or upload fees, the customer authorizes ConcordNet to deduct these fees via direct debit from their bank account or credit card account when the fees reach $50 in any one month, and make such deductions until all excess data upload or download fees are recovered.
(h) The customer must pay any taxes, duties, stamp duties, imposts, levies or government charges relating to this agreement for the supply or usage of the Services or Products.
(i) You are responsible for the cost of any telephone calls you make to access the Products or Services.
(J). Notwithstanding any of the provisions of these terms and conditions ConcordNet may suspend or cancel an ADSL Broadband service for failure to pay the required fees by the due date. In the event that the customer fails to pay Fees by the due date and we refer the Customers failure to any debt collection agency or other like body, and the customer seeks to reconnect to the Products and Services, you acknowledge and agree that we may require that you initially pay all outstanding fees and charges relating to the ADSL Broadband service plus costs incurred relating to actions taken by the debt collection agency or like body. In addition, the customer agrees Fees representing three months in advance will be required prior to re-connection of the ADSL Broadband service.  

5. ConcordNet’s Liability to the Customer

(a) Given the nature of telecommunication systems, particularly the Internet, ConcordNet cannot guarantee that ConcordNet’s ADSL Broadband services will always be available or fault or virus free.

(b)The terms that apply to the supply of ConcordNet products and services are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

(c) Subject to clauses 5 (c) to 5 (f), ConcordNet accepts liability to the Customer for breach of contract or negligence under principles applied by the courts.

(d) ConcordNet is not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment; loss of data or loss of profits or revenue; and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

(e)The messaging services available via ConcordNet’s are provided to the Customer on the basis that ConcordNet does not accept liability for losses that result from the use of the messaging services in connection with the conduct of a business. 

(f) The customer should take reasonable steps to minimize any losses due to ADSL Broadband and any associated services being not available. For example, you should take reasonable steps to ensure that you will not suffer loss if the messaging service is not always available by, for example, maintaining an alternative email service.

6. Actions that May be Taken by ConcordNet under this Agreement

(a). ConcordNet may, at any time and in our absolute discretion, suspend or disconnect your access to the Products or Services, and monitor or intercept your use of the Products or Services, including without limitation any messages you send or receive or data you store or access using those Products or Services if we have reasonable cause to do so.
(b). ConcordNet may delete that data stored using the Products or Services, in our absolute discretion, if we consider that data to be inappropriate, illegal, offensive or otherwise in breach of any law, standard, regulation or code of practice.
(c) Without limiting clause 6(a) above, we may at any time, without notice, suspend your use or access to part or all of the Products or Services:
(d) For such time as is necessary for any maintenance determined by us to be necessary from time to time, and where possible, after giving you as much advance notice as is reasonably practicable in the circumstances;
(ii) to reduce or prevent interference with our systems or the use of Products or Services by others; or
(iii) if required to do so, as a result of a direction from any government or other authorities.
(d). ConcordNet may at our discretion change any telephone numbers or other access numbers required to access any of the Products or Services and we will not be liable to you in this regard.
(e) You authorize us to obtain credit information from a credit reporting agency and information about your commercial activities or commercial credit worthiness from a business, which provides that information to enable us to apply our credit policy. You also authorize us to obtain from and give to any credit providers information about your credit arrangements. This information may include any information about your credit worthiness, credit standing, credit history, credit capacity or other information that credit providers are allowed to give or receive from each other under the Privacy Act, 1988 (Cth) (as amended from time to time).
(f) You acknowledge that we may be obliged to provide assistance to law enforcement agencies in respect of your acquisition or use of the Products and Services and that you will not make any claim against us in relation to that assistance.
(g). We may access and store certain content accessible using some of the Products or Services (known as caching) for faster and easy access by you. That content is updated on a regular basis but there may be delays in that updating and therefore cached content accessed by you through the Products or Services may not be the most up to date

7.Termination of ADSL Broadband Service

(a) Unless this agreement is subject to a fixed term as referred to in any accepted application, either party may terminate this agreement by giving 21 days written notice to the other.
(b) Notwithstanding the above, ConcordNet  may immediately terminate this agreement in relation to any or all Products and Services acquired by or provided to you if:
(i) you are in breach of any provision of these terms and conditions and you have not remedied that breach within 10 days of receiving notice from us;
(ii) you fail to pay any Fees by the due date or breach any of the provisions of clause 4 above;
(iii) immediately if a receiver, provisional liquidator, administrator or other like person is appointed over any of your undertakings or assets or if you enter into arrangement with any of your creditors or any class of your creditors or you become insolvent or otherwise are unable to pay your debts when they fall due.
(c) On termination, your rights to use Products or Services cease, you must return to us any materials we have provided to you in relation to the Products or Services, you must pay to us immediately all outstanding Fees in relation to the Products or Services and you are not entitled to any refund.