By subscribing to 21st Century Private Network Services you acknowledge that you accept these terms & conditions. 21st Century may revise these terms & conditions from time to time. It is your responsibility to ensure
that you consult to any changes made to the document by regularly viewing our website at
www.visualsecurityworldwide.com.
Your access to the service is subject to these terms and conditions contained herein and the current terms and
conditions revoke any previous versions.
“21st Century” – refers to 21st Century Security Worldwide Ltd (ABN 35 111 326 295)
“Agreement”- refers to the Terms & Conditions as stated below and any details provided to 21st Century by the Customer through any application for the Service.
“Customer”- refers to all persons, companies or other entities applying for the network service.
“Service” refers to the network access or any other service provided by 21st Century.
“Application” refers to any document signed by the Customer for the provision of Network Services by 21st Century.
1. The Service
1.1- 21st Century Network Service provided is as stated on the Service application for access to data in relation with security/monitoring and paid for in accordance with the prices as chosen according to plan type on the Application.
1.2- 21st Century endeavors to co-operate with other Network Providers and whilst we respect your privacy and right to use this service freely, we reserve the right to monitor your user activity for the purpose of improving your service.
1.3- 21st Century will ask your permission to access your network service using your user name & password in order to maintain or make any necessary changes to your Services.
1.4- Whilst 21st Century endeavors to provide quality and reliable service we will not be held liable for any loss of service. We will however endeavor to rectify the problem as our highest priority.
1.5- 21st Century provide the customer with a dedicated internet connection for the use of their system without interference.
2. Term of Agreement
2.1- The Customer agrees to connect to the Service for a period of no less than 36 months from the date of application. If the service is terminated before the agreed term the Customer must pay equivalent to 12months rental to cover the costs of the modem. Once the Service agreement has expired the Customer must inform 21st Century in writing with no less than 30 days notice to terminate.
2.2- If the Customer chooses to disconnect from the Private Network the system that has been supplied by 21st Century will cease to operate. Operation of the system is dependant on the Private Network.
3. Charges
3.1- The Customer agrees to pay all monthly payments as per plan type specified on the Application which will be deducted from the Customers bank account via direct debit for the amount specified on the direct debit request signed by the customer.
3.2- The Customer agrees that if anyone uses or gains access to the private network by correctly using your password that you will be responsible for any activities or information accessed by this person and you are responsible for any associated charges or costs associated with the use of the service.
3.3- The Customer agrees that it is your responsibility to monitor your monthly usage and any over usage will be charged back to you according to the pricing schedule on the original application.
3.4- Any unused download quota will be disregarded at the end of the month. No fees will be reimbursed for
unused quotas.
4. Customer Responsibilities
4.1- The Customer represents that they are 18 years of age or over and have the right to enter into this agreement.
All persons under the age of 18 years of age must have a signed consent from a parent or guardian and in such
cases your parent or guardian has entered into the agreement.
4.2- You will be allocated a user name and password to gain access to the service. It is your responsibility to keep these passwords confidential and you must notify us immediately if you lose or disclose your password to anyone.
4.3- Whilst we have endeavored to provide you with a secure network service the customer agrees that transmission or storage of data is not necessarily secure or confidential and the customer transmits or stores data at their own risk.
4.4- If you are experiencing service difficulties with your service it is your responsibility to notify us on 1300 736 090. 21st Century will not be held responsible for any charges incurred through problems associated with dialing into our modem.
4.5- You may not assign or transfer any of these rights or obligations under these Terms & Conditions.
4.6- You must not use, suffer or permit anyone to use this Service in an unlawful manner that violates any Local, State, Commonwealth or International law, order or regulation.
4.7- You may make appropriate use of the facilities, which should always be legal ethical, reflect honestly, and community standards and show restraint and consideration in the use of shared resources.
4.8- You must not permit any other party to use the Service for any illegal purpose.
4.9- You must demonstrate respect for intellectual property, ownership of data and information, system security mechanisms and the individuals’ right to privacy and freedom from intimidation, harassment and unwarranted annoyance.
4.10- You acknowledge and accept that you are responsible for your use of the Services including for the content of any data or information, which you may send or receive or store while using the Service.
4.11- You acknowledge that neither 21st Century nor its providers will be responsible for ensuring that any material sent or received by means of the Service is sent or received correctly.
4.12- The Customer agrees not to use the service to:
1.12.1- store, send or distribute material which is unsolicited, offensive, obscene, indecent, pornographic, confidential, menacing, may cause annoyance or needless anxiety, or that could give rise to civil or criminal proceedings;
4.12.2- distribute unsolicited advertising or spam or overload any network or system;
4.12.3- do anything including store, send or distribute any material which defames, harasses, threatens, abuses, menaces , offends or violates the privacy of any person;
4.12.4- do anything including store, send or distribute any material of an illegal or fraudulent nature, including activities prohibited under any applicable state & commonwealth law;
4.12.5- breach any laws, code, standards, and content requirements if any relevant authority;
4.12.6- do anything including store, send or distribute material which interferes with the normal operation of the service or its use by others;
4.12.7- access, monitor or use any data, systems or networks including another persons private information, without authority or attempt to probe, scan or test the vulnerability of any data system or network;
4.12.8- compromises the security or integrity of any network or system including any part of our network;
4.12.9- place any virus or similar programs onto the network or service;
4.12.10- store, distribute or reproduce commercial software, or reproduce a third parties software or material without the legal owners permission;
4.12.11- use another persons name, user name or password to gain access to the account of another customer;
4.12.12- forger information, email source address or other user information;
4.12.13- tamper with, hinder the operation of or make unauthorized modifications to any network or system;
4.12.14- attempt any of the above or permit another person to attempt any of the above.
4.13- You acknowledge that we monitor your use of the network data (not pictures) from time to time to ensure your compliance with these terms. In conjunction of relevant law enforcement agencies we may investigate the misuse of the Service by you.
4.14- You acknowledge that any changes to the Service must be made by the original service agreement applicant.
These changes must be received in writing to 21st Century with no less than 14days notice.
4.15- Where the Customer is a body corporate; the Directors jointly and severally accept any liabilities arising from the agreement.
4.16- The Customer agrees that any use of the Service under this agreement will not exposes 21st Century to the risk of any claim, legal or administrative action or prosecution.
4.17- The Customer agrees if there is any claim against 21st Century due to a breach of the Customers warranties or otherwise attributable to the Customers Data, the Customer must indemnify and hold 21st Century harmless against all liabilities, losses, damages, costs and expenses ( including legal fees & expenses) associated with or arising out of the claim.
4.18- The Customer agrees they have been recommended to use a dedicated internet security line in order to
receive the most effective service and avoid interference. 21st Century will not be held liable if this should occur.
5. Account Payments
5.1- Any excess usage charges will be invoiced to the Customer and payable within 7 days of Invoice.
5.2- Any invoices that exceed 30 days outstanding will result in an interest charge of $5 per month.
5.3- The Customer shall be liable for any additional costs or expenses incurred to recover any outstanding amounts on the Account for use of Service.
6. Account Cancellations
6.1- The Customer must inform 21st Century via written correspondence with 30 days notice in advance of the
billing cycle if they wish to terminate the Service. A monthly fee according to the original agreement will still apply
for the duration of the original term of service.
6.2- 21st Century reserves the right to delete, and obliterate all Customer data files, or any other information that
21st Century holds in storage once the Customers account has been terminated by either party.
6.3- 21st Century reserves the right to cancel the Customers Service at anytime for failure to comply with the
agreement. Should the Customer wish to reconnect at a later date a connection fee will apply.
7. Disclosure
7.1- The Customer consents to 21st Century obtaining a credit report from a credit reporting agency containing
personal information as well as information concerning credit worthiness and activities for the purpose of
assessment by 21st Century of an application or for the purpose of collecting payments which are overdue in respect of any credit provided by 21st Century as permitted under The Privacy Act 1988.
7.2-The Customer agrees that 21st Century may give or obtain from another credit provider any information derived from a report to access an Application, a Customers credit worthiness and continuing credit worthiness.
Items of personal information regarding the Customer including information in an application and information arising from the conduct of an account may be disclosed to a credit reporting agency.
©21st Century. 2008
