CUSTOMER POLICIES, NOTICES AND AGREEMENTS

          Acceptable Use Policy

 

        IDXNET Standard Terms and Conditions

        If we accept your application for a credit account with us we will supply you with internet services in accordance with
        these terms and conditions.


1.

Definitions and Interpretation

(The words highlighted in bold in this agreement are definitions)
IDXNET means IDXNET Computing Pty Limited ACN 070 515 481, trading as IDXNET and its employees, officers, agents and affiliates.

Customer means the person, company or other entity on the application form which IDXNET accepts.

Agreement means these standard terms and conditions (as amended or varied from time to time by IDXNET), the details on the customer's application for a credit account, the signed application form and the type of account that the customer selects.

Service or services or internet service means the computing and communication Internet service provided by IDXNET, and any future modifications to the service.('the services')

Customer User ID means as specified in the customer's application form.

Type of account means the type of account that the customer selects to use.

Internet Services IDXNET will provide the services to the customer upon commencement of this agreement.

 

2.

Commencement

The period of service for the services commences when IDXNET registers the Customer's User ID. It ends at the date of termination.

 

3.

IDXNET's Fees and Charges

The customer agrees to accept the pricing and charges for services for the customer's type of account as published on the IDXNET's home page at www.idx.com.au. The customer agrees that these form part of these terms and conditions.

IDXNET may vary the pricing and charges at any time by giving reasonable notice to the customer by e-mail and by publishing the new price or charge on its home page. By continuing to use IDXNET's services after IDXNET publishes its new price or charge the customer agrees to accept the new price or charge.

IDXNET
will send the customer a monthly account at the beginning of each month via e-mail. The customer agrees to pay from the commencement date a one-off charge for each User ID registered. The customer agrees to pay within seven days of IDXNET issuing an account for: all charges for the type of account that the customer selects, incurred by any person using the customer's password. (The customer must pay these charges whether or not the use of the password is authorised); and any additional charges that the customer incurs through using the services.

Business customers agree to pay the minimum monthly usage charge applicable to each business account listed in the selected billing option.

The customer agrees to pay interest on overdue payments at 2% above the overdraft rate from time to time as charged by IDXNET's principal bankers. (This rate is published on IDXNET's home page)

The customer may change the type of account through IDXNET's home page. The change in type of account commences when IDXNET accepts the customer's application for the change. The change may be given electronically and by email.

 

4.

Customer's own costs

The customer agrees to pay for: installing and using telephone lines and all other equipment needed to use the services; all telecommunication charges for using the services; and all government taxes, duties and levies imposed on the customer or IDXNET in providing the services, including GST.

 

5.

Acceptable Use Policy

The customer agrees to abide by IDXNET's Acceptable Use policy published on the IDXNET website: www.idx.com.au. This policy may be changed from time to time and the customer must ensure that they are aware of any such changes.

 

6.

Accounts Administrator

The customer must immediately inform IDXNET in writing if the Nominated Account Administrator changes.

 

7.

Security Deposit

IDXNET may require the customer to pay a security deposit before providing any Services, or as a condition of continuing any of the Services. In its discretion, IDXNET may use the security deposit to pay for any costs, loss or liability caused to it by the customer. IDXNET will refund the balance of the security deposit, without interest, when the customer has fully performed all obligations under the agreement.

 

8.

Amendment of agreement

IDXNET may amend these terms and conditions and the agreement at any time after giving reasonable notice to the customer. IDXNET may give this notice electronically to the customer's e-mail address and by posting it on its website. The customer agrees if the customer continues to use the services after notice is given the customer has accepted the amendment.

 

9.

Publication at Customer's Risk

The customer accepts all responsibility for any information and material that the customer publishes over the services. The customer indemnifies IDXNET from any liability that IDXNET incurs through the customer's publication of anything over its services. The customer acknowledges that IDXNET does not vet or approve anything available through its services and that IDXNET accepts no liability for any material available on the services. The customer accesses and uses such information and material at the customers own risk.

 

10.

Provision of Service

The customer acknowledges that IDXNET cannot provide an uninterrupted or fault-free service. The customer acknowledges that IDXNET provides its services to the customer at times and by means that it decides in its own discretion.

 

11.

Breaches of the agreement

The customer agrees to indemnify IDXNET against any economic loss to or liability to IDXNET as a result of the customer breaching the terms of any agreement with IDXNET. The customer agrees that this includes the period between when IDXNET became aware of the breach and when it was entitled to terminate the agreement. The customer must pay to IDXNET all expenses it incurs in recovering any money that the customer owes to it.

 

12.

Termination

Termination by IDXNET: IDXNET may terminate the agreement or the provision of any services :- If the customer breaches any term of the agreement including those relating to payment or use; or IDXNET believes that the customer is or may be bankrupt or insolvent; or the customer has provided false or incomplete information to IDXNET; or if IDXNET or a regulatory authority believes that it is not in the public interest to continue providing the services to the customer.

Termination by the customer: The customer may terminate the agreement at any time by giving thirty days written notice to IDXNET. The agreement is terminated on the thirtieth day after IDXNET receives the notice of termination. This notice may be given electronically and by email. On termination the customer must return to IDXNET any materials that IDXNET provided to the customer in relation to the services.

 

13.

Liability of customer on termination

Termination by IDXNET: If IDXNET gives the customer notice of termination, the customer must immediately pay all outstanding charges. The customer is not entitled to any refund of payments made under this agreement. IDXNET must use the customer's security deposit to offset any amount that the customer owes IDXNET at termination.

Termination by the customer: IDXNET will refund to the customer any unused advanced payments on monthly accounts. IDXNET will not refund to the customer any payments relating to special or discounted accounts.

 

14.

Suspension of Service

IDXNET may suspend, in its discretion and without notice to the customer, the services or may disconnect or deny the customer access to any of the services: if the customer breaches any term of the agreement - including failing to pay due charges - until the customer remedies the breach; or if the customer does anything that IDXNET believes violates the IDXNET's Acceptable Use Policy. During any technical failure and modification of or maintenance to the services IDXNET may suspend or disconnect the service without notice to the customer. IDXNET will make all reasonable attempts to resume the service as soon as reasonably practicable. The customer remains liable for all charges due throughout the period of suspension.

 

15.

Technical Support

IDXNET may but is not obliged to provide the customer with technical support. IDXNET does not guarantee the support and is not liable for any loss or damage caused to the customer in connection with the support.

 

16.

Disclaimer and exclusion of Liability

To the extent that the law allows, IDXNET is not liable to the customer or any other person or entity for:- negligence; or any economic loss or liability caused by its supply or failure or delay in to supply the services; or the content, context or confidentiality of any communications made using the services. IDXNET cannot provide support for software it does not supply, including software downloaded from the Internet. This disclaimer does not apply to any term or warranty that the law does not allow to be excluded. Any term or warranty that the law implies into this agreement is deemed to be included in the agreement. If the law allows it, IDXNET limits its liability at its own discretion, to: repairing or replacing, or paying to repair or replace any damaged or faulty goods; or resupplying or paying the cost of resupplying the services.

 

17.

Credit checks and the Privacy Act

The customer consents to IDXNET obtaining from a credit reporting agency any necessary personal information to allow IDXNET to assess the customer's application for credit. Information on what personal information IDXNET may obtain and how it may use it is in the Privacy Act box below. Particular information about an individual is governed by paragraph 1.3 of the National Privacy Principles. A copy of the National Privacy Principle 1.3 can also be obtained by reference to IDXNET website.

 

18.

Assignment

The customer must not assign the customer's rights under this agreement.

 

19.

Governing Law

The laws of New South Wales govern this agreement. IDXNET and the customer agree to submit to the jurisdiction of the New South Wales courts.

 

 

CREDIT TERMS

1. In making this application the applicant acknowledges and consents to the terms and conditions in relation to the Privacy ACT of 1988 given below which allows IDXNET access to consumer credit reporting to allow credit assessment of this application.
2. Credit facilities may be withdrawn on overdue accounts at IDXNET's discretion without notice. The applicant allows IDXNET to report to the credit-reporting agency any overdue amounts of more than 60 days and for which debt collection has started.
3. It is understood that payment is due at date of invoice. Should payment be defaulted then the total account becomes due and IDXNET reserves the right to use the services of a debt collection agency or solicitor to collect debts and if necessary report the default to a credit reporting agency. The person making the application is the person to whom IDXNET will look for payment.


 
 

CONSENT TO ACCESS CREDIT APPLICATION UNDER THE PRIVACY ACT 1988

You have provided IDXNET with information about yourself in your application. IDXNET may disclose your credit information to a credit reporting agency. IDXNET may use this information only in accordance with the Privacy Act 1988. In applying for a credit account with IDXNET you acknowledge that the following summarised sections of the Privacy Act apply to your application:
1. IDXNET may give notice of disclosure of your credit information to a credit reporting agency. Section 18E(1) - Section 18E(8)(c) - Section 18E(3)
2. IDXNET may seek commercial credit information. Section 18L(4)
3. IDXNET may seek consumer credit information in relation to commercial credit. Section 18K(1)(b) and Section 18K(1)(h).
4. IDXNET may use a credit report about you for collecting overdue payments. Section 18K(1)(h).
5. IDXNET may seek from or give to other credit providers details about your credit worthiness. Section 18N(1)(b).
If you have any particular queries you should seek independent legal advice or refer to the Privacy Act 1988 yourself.

 

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ACCEPTABLE USE POLICY

This Acceptable Use Policy specifies the actions prohibited by IDXNET to customers using the Internet. The customer referred to in this document is the customer as defined in Clause 1 of the IDXNET Terms and Conditions or any user whether authorized or not authorized by the customer. IDXNET may vary this policy at any time and effective upon posting of the changed policy on the IDXNET website WWW.IDX.COM.AU.

1. All non-permanent dial-in accounts are subject to our excessive use policy. We define excessive use as more than 360 hours use per month as or more than 1000 MB (1 Gigabyte) download. Download is the count of all bytes of data transferred from the Internet to your computer. Download can happen when you are browsing the Internet, or reading your email, etc. Download is expressed in Megabytes (MB) which is 1,000,000 bytes. Accounts may be terminated if the use is excessive for two consecutive months.

2. We reserve the right to terminate the use of the free web space if the download rate is more than 100MB per month.

3. The email size limit is 4mb per email. Emails more than two months old are deleted from our system.

4. Session time limit on non-permanent dial-in accounts is set to a maximum 10 hours and maybe changed from time to time by our network administrator without prior notice. During peak periods, session time limit maybe reduced to maximum 3 hours. Shorter session times may exist on our special plans.

5. The customer must not use the IDXNET network to break any Australian or International law including criminal, copyright and intellectual property laws.

6. The customer agrees not to publish any illegal material. The customer acknowledges that IDXNET does not vet or approve anything available through its service and that IDXNET accepts no liability for any material available or published using its services.

7. The customer agrees to conform to Internet protocols and standards and abide by the acceptable use policies of other networks that IDXNET services is linked to.

8. The customer abides by the security and authentication protocols of IDXNET and all other network that it is linked to. The customer may not interfere or circumvent any established security or authentication protocols of any hosts, network, account or services available on the Internet. These activities are sometimes referred to as "hacking", "cracking" or "denial of service attacks".

9. The following activities without limitation are prohibited:

- Engage in any activity that may jeopardize or disrupt the normal operation of IDXNET and any network or system that it is linked to
- Breach any security measure or authentication system on the Internet including attempt to scan, probe or test the vulnerability of a system or network.
- Interfere with services of any network or system with the intent of overloading the network or system
- Attempt to conceal or forge any TCP-IP packet header or any part of the header information.
- Unauthorized monitoring of data or traffic on any network or system.
- Attempt to transfer files or computer programs to another network or computer system without the expressed approval or consent of the owner of the network or system.

10. IDXNET consider these acts as abuse of service and will cause immediate termination of the customer's services without prior notice.

11. IDXNET prohibits sending of any unsolicited email messages ("spamming") of any kind. The customer may not use or attempt to use another network's mail server to do spamming. The customer agrees not to send or forward any malicious email or propagate chain emails. The customer must not use another email address that is owned by another person or company without the consent or authorization of the owner.

12. The customer agrees to abide by all the guidelines and acceptable use and posting policy of newsgroups. Any excessive posting or posting of irrelevant material is not allowed.

13. The customer is aware by doing any of these prohibited acts that it may incur criminal or civil liability and IDXNET will fully cooperate with any law enforcement agency in the investigation and prosecution of such activities.


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Privacy Policy

IDXNET COMPUTING PTY LTD (IDXNET) (ACN 070 515 481) advises that it will collect personal information for the purpose of processing your application, confirming your identity, addressing any feedback or complaints you have, answering any queries you may have and for any purpose for which it was requested or which directly or indirectly relates to developing and improving its products and services.

IDXNET proposes to abide by the National Privacy Principles espoused in the Privacy Act 1988 (Cth).

Personal Information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can be reasonably be ascertained from the information or opinion.

IDXNET may exchange personal information:

  • with any entity to which it is required or authorised by or under law to disclose such information (for instance, Federal or State law enforcement agencies and investigative agencies, courts, and various other Federal or State government bodies);
  • with others that you have been informed of at the time any personal information is collected;
  • with our business associates and others for purposes directly related to the purpose for which the personal information is collected
  • with our professional advisors and other contractors (for example IT consultants and mailing houses); or
  • with your consent (express or implied), to others.

IDXNET may also obtain personal and other information from some or all of the above to enable it to provide its services or products to you. When it obtains personal information and other information from third parties to whom it is referred by you, IDXNET will assume you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information.

If IDXNET use or disclose your personal information for a purpose (a "secondary purpose") other than the main reason for which it was originally collected (the "primary purpose"), to the extent required by law, we will ensure that:

a) the secondary purpose is related to the primary purpose of collection and you would reasonably expect that IDXNET would use or     disclose your information in that way; or
b) you have consented to the use or disclosure of your personal information for the secondary purpose; or
c) the use or disclosure is required or authorised by or under law; or
d) the use or disclosure is otherwise permitted by law.

You can ask to obtain access to your personal information which IDXNET holds, although under some circumstances permitted by law, it may not provide such information to you. Also IDXNET may not be able to require our contractors to provide personal information to you.

You may be asked to put your request in writing and to pay a reasonable fee levied by IDXNET for that purpose. If any of the information obtained by IDXNET is incorrect or inaccurate, it is expected that you provide the correct information so that the information hold by IDXNET is complete and accurate and up-to-date.

Please let us know if you believe that any personal information relating to you is incorrect.

If you have any complaints about the way IDXNET has dealt with your personal information, you are asked to contact IDXNET by telephone on 1300 138 788 and IDXNET will attempt to respond to the complaints or requests made.

If you are unsatisfied with the outcome, you may refer the matter to the Office of the Federal Privacy Commissioner at:

Website: www.privacy.gov.au
Phone: 1300 363 992

If it is necessary this Privacy Policy may be amended at any time. If that occurs, the amendments will be available on the IDXNET website so that you may be aware of how IDXNET manages your personal information.

Please contact IDXNET if you have any questions about personal information that it holds about you or the way it handles your personal information.

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Privacy Principle 1.3

IDX Computing Pty Ltd trading as IDXNET/(IDXTEL) may be contacted by telephone 1300 138 788 or via email on www.idx.com.au. The purposes that personal information is collected from individuals are for use of credit assessment and network security. The organisation to which the information would be disclosed is a credit reference bureau and the main consequences for you if the information is not provided, is that your application for Internet or voice services may be refused.

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Complaint Handling Process – Summary

 Our principles:

You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process.

We strive to solve any problems you may have during your first contact with us.

Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code) and responsibility for compliance with the process lies with our Chief Executive Officer.

 

Free of charge:

We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first.

We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge as per our Standard Form Customer Contract or our Critical Information Summary.

If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution, e.g. the Telecommunications Industry Ombudsman (TIO).

 

How to make a complaint?

If you wish to complain, please contact us:

Customer Support – 1300 138788 Mon-Fri 9AM-9PM Sat 9AM-6PM

Use “CONTACT US” on our website www.idx.com.au anytime

If you are calling us from a landline, your call is billed at a local call rate. Note that calling us from a mobile may be more expensive.

We will help you formulating, lodging and progressing your complaint if you request this.

Of course you can appoint an authorised representative or advocate to make a complaint on your behalf. For help with how to appoint an authorised representative, please go to :

http://www.idx.com.au/Terms.php#authrep

What we will do:

Acknowledge…

We will acknowledge your complaint immediately if you complained to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a message on our answering machine (e.g. outside our office hours).

When we acknowledge your complaint we will give you a unique reference number or similar to enable you to easily follow up on your complaint. We will also give you an indicative timeframe for resolving your complaint. You can follow up on your complaint by emailing accounts@idx.com.au attention CUSTOMER SUPPORT MANAGER if your complaint has not been given the proper attention.

Our goal is to always fix your problem during your first contact with us.

Sometimes this is not possible and we need to investigate the matter. We will then agree with you on how to fix your problem (this may include waiving of fees or other commercial solutions) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this.

Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe.

If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution such as the TIO.

We will implement all actions required to fix your problem within 10 working days unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.

 

What if your complaint is urgent?

Your complaint will be treated as urgent

        if you have applied for being in financial hardship under our Financial Hardship Policy and the issue you are complaining about directly contributes to the Financial Hardship you are experiencing, or

        if your service has been disconnected or is about to be disconnected and due process has not been followed, or

        if you are receiving Priority Assistance (e.g. because of a severe medical condition) for the service you are complaining about.

In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.

 

If you are unhappy with our efforts:

If you tell us that you are not satisfied with the complaint timeframes, its progress or the outcome or if you tell us your complaint ought to be treated as urgent, we will escalate your complaint internally. If you are still dissatisfied, we will inform you about your options for external dispute resolution such as the TIO.

We will never cancel your service only because you have contacted an external dispute resolution scheme.

 

Telecommunications Industry Ombudsman (TIO)

We encourage you to always contact us first if you experience any problem or are unhappy. We will do our best to solve your problem during our first contact.

You can contact the TIO as follows:

Phone: 1 800 062 058

Fax: 1 800 630 614

Online: http://www.tio.com.au/making-a-complaint

The services of the TIO are free of charge.

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Notice To Customers With Regards To
Calling Number Display

In compliance with the provisions of the Industry Code - Calling Number Display, specifically clause 7.2.3 which states :

"Carriage Service Providers receiving CLI must inform their Customers:
(a) that they are receiving the Customer's CLI regardless of whether the Customer has Blocked sending it; and
(b) any privacy implications for the Customer.",

IDXNET would like to inform all our customers how it is complying with this provision.

(For a complete text of the Code, please refer to http://www.acma.gov.au/WEB/HOMEPAGE/industry_codes)

IDXNET's use of the Calling Number Display is primarily guided by its Privacy Policy as stated above. IDXNET will also obey and implement the provisions of the Industry Code. If you have any concern or complaints regarding the use of your CLI by IDXNET, please call 1300 138 788 or send an email to info@idx.com.au.

Alternatively, you can address your complaints to the Telecommunications Industry Ombudsman (www.tio.com.au) or the Federal Privacy Commissioner (www.privacy.gov.au).

Appointment of an Authorised Representative

Customers are able to appoint an authorized representative to assist them in operating their account or with regards to technical  issues. The authorised representative must provide some details in order to identify them. The customer must send an email to accounts@idx.com.au to provide details of the authorised representative. The details required are name, address, contact number and date of birth. These details are entered on the customer accounts information. The use of the information provided is guided by the same privacy rules as applied to the customer's information.

Financial Hardship Policy

 Customers may experience financial hardship from time to time. Financial hardship arises due to a change in customer's situations like unemployemnt, illlnes, natural disaster, etc. Also, an unexpected large bill may contribute to this hardship.

IDXNET is always willing to assist and negotiate with customers in meeting their financial obligations.

To assist customers in this process, the following procedure must be done:

1. The customer must inform IDXNET as soon as possible of the financial hardship situation. The Customer should send the email to accounts@idx.com.au specifying the bill that the customer has a problem paying.

2. Customer must state the amount owed and the reason(s) for not being able to pay the amount owed.

3. IDXNET will reply to the email within 24 hours and will start negotiating with the customer for a payment arrangement.

4. IDXNET will consider all proposals made by the customer to pay the account and will do so in a cooperaive and symphatetic manner. All late payment and notices fees will be waived during this negotiation period.

5. Once the payment plan is agreed, IDXNET will confirm this via email and the plan will be effective.

6. If in the course of the payment period another financial hardship is experienced by the customer, then the process will be repeated and a new payment arrangement will be negotiated.

7. If the customer refuses to pay the amount owing after several attempts at negotiation, then the debt may be referred to our credit reporting agency. The debt can also be written-off depending on the amount and circumstances of the customer.

Customers seeking assistance on financial hardship and counselling may consult the following website:

www.moneysmart.gov.au and click on financial counselling.  

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