TERMS AND CONDITIONS OF USE OF EAST COAST NETLINK SERVICE
“Supported application” includes, MS Outlook, Netscape, Internet Explorer and any other application which East Coast Netlink may from time to time nominate.
“Supported computer” means a computer running a recognized version of Microsoft Windows or a recognized version of the Apple Macintosh Operating Systems.
“East Coast Netlink” means East Coast Netlink the registered trading business name of East Coast Group Ltd and its Logos are trademarks of East Coast Group Ltd
“Client” means the person or company using the services provided by East Coast Netlink, named on the invoices issued
“Contention Ratio“ means the number of users (Clients) sharing the assigned bandwidth. This means on a 1:1 Contention Ratio only 1 Client will be using the bandwidth or on a 1:4 Contention Ratio up to 4 Clients will be sharing that bandwidth at any one time.
East Coast Netlink will provide the client with the ability to access the internet. Access will be available 24 hours a day, 7 days a week subject to regular scheduled maintenance, breakdown of equipment or force majeure. East Coast Netlink will use its best endeavors to ensure continuous delivery of the service but does not warrant that the access will be neither uninterrupted nor free from errors.
(a) East Coast Netlink will provide the client with technical assistance necessary to connect any supported computer to the internet and the installation and use of any supported application.
(b) East Coast Netlink does not agree to provide services relating to the configuration of an internal network or the installation and use of any non-supported application.
(c) Problems caused by faulty, poor quality or misconfigured systems (including modem and phone line) are not the responsibility of East Coast Netlink.
(d) Subject to any Service Level Support Agreements, East Coast Netlink reserves the right to charge a service fee for provision of any on-site support beyond initial installation.
(a) The client agrees to pay the amount calculated at the appropriate rate for all logins to East Coast Netlink made in their username. (in other words if you tell someone your password, or they guess it, you are responsible for the time they spend online.) We will change your password for you at any time during ordinary business hours for free if you have reasonable concerns that someone has already or may in the future use your username.
(b) All invoiced accounts are payable within 14 days of the date upon the invoice. East Coast Netlink may suspend the service until payment is received for this or any other debt accruing to it. East Coast Netlink may suspend the provision of services to the client if the client has a prepaid account which is no longer prepaid or an invoice account where the balance has exceeded 30 days owing and prior arrangements have not been made with East Coast Netlink. No notice of suspension is required to be given.
(c) No accounts will be credited with funds until a cheque given to East Coast Netlink in respect of that account has cleared or payment is made by cash or credit card. The client will be responsible for any fees incurred in relation to cheques which are not met on presentation. Where the client has given East Coast Netlink its credit card number, the client hereby authorizes East Coast Netlink to debit the client’s credit card for the amount payable by the client for provision of the services in accordance with the terms of this agreement. East Coast Netlink may at any time increase the client’s access fees or otherwise vary the fee structure applying to the client and such change shall take effect immediately upon the posting of notification of the change on the East Coast Netlink home Page (or by written notification direct to the client). Pre-paid clients are not affected by subsequent price changes up to the date to which they are pre-paid.
5. THE CLIENT:
(i) The terms of this agreement with the client are not transferable or assignable.
(ii) The client will keep their password secret and choose and maintain secure passwords.
(iii) The client also agrees not to use the service to transmit viruses, worms, Trojan horses or other destructive programs, to breach copyright or other intellectual property laws relating to trademarks or passing off, to publish materials which may be in breach of consumer protection legislation, to publish defamatory or pornographic material, to breach netiquette, to commit any other criminal offence or to attempt to do any of these things whether in Papua new Guinea or elsewhere. East Coast Netlink retains the power to inspect materials kept by the client in East Coast Netlink server, and to remove in whole or part any materials which East Coast Netlink in its absolute discretion considers inappropriate.
(iv) The client will refrain from inappropriate postings to email list-servers or newsgroups especially unsolicited advertising which can result in thousands of “hate” emails sent to them or East Coast Netlink . The client will be disconnected and charged a fee if their actions in breach of this condition result in excess mail being sent to or through East Coast Netlink as a result of their actions.
(v) The client agrees to indemnify and keep indemnified East Coast Netlink against any loss relating to a breach of clause 5(iii) and (iv)
East Coast Netlink is not responsible for and does not warrant the delivery of or content of any material available through provision of its service. The client uses the service and the material at their own risk including the risk of attack by virus or hackers or exposure to material including unsolicited email, pornography, offensive or inflammatory material or any other unwanted material. East Coast Netlink is not liable from any damage however arising either directly or indirectly or consequential upon the provision of the service or the failure of the service to operate at any time. We strongly advise all computer owners to backup regularly whether or not they use the internet.
7. WEB PAGES:
East Coast Netlink reserves the right to refuse to publish any material deemed to be illegal, unethical or offensive. All clients’ web pages are subject to scrutiny and may be removed without further notice. No CGls or other executable codes may be loaded onto our server without prior approval. The client may incur charge for East Coast Netlink to test scripts or to resolve any problem caused by unauthorized files.
The client accepts that in the ordinary course of business records will be kept of their activities upon the internet and they consent to same. East Coast Netlink may use these records for security or billing purposes but will not disclose them without the consent of the client unless required to do so by law.
This agreement is valid for a period of 12 months and shall continue, automatically renewed, until terminated by either party
(i) Either party may terminate this agreement by the giving of 60 days notice in writing or by email.
(ii) East Coast Netlink may terminate or suspend the agreement at any time for breach of any of the conditions contained herein and retains the right to sue for monies outstanding.
(iii) In the event that the client requests to terminate service prior to completion of the 12 month term of service, and unless the termination is on the grounds of failure or inadequacy of the service to provide acceptable performance, the client is obliged to pay an early termination fee of 50% balance remaining of term of contract and
(iv) Where grounds of failure or inadequacy of the service is stated, the client seeking to terminate must issue a written notice to East Coast Netlink, evidence supporting specific material breaches observed; and
(v) The Client allows inthe case of a breach of being remedied, a period of 60 days after the receipt of written notice for East Coast Netlink to remedy the observied breaches.
(vi) Termination can only proceed should the breach not be remedied to the satisfaction of the client.
11. VARIATION OF TERMS AND CONDITIONS:
East Coast Netlink may at any time vary the terms and conditions of this contract and such variation shall take effect immediately upon the posting of notification of the variation to East Coast Netlink website or by written notification direct to the client.