Terms & Conditions for use of the services of Netsell Internet, a division of Starnex Holdings Pty Ltd.
1. Refunds
We are not required to provide a refund or replacement if you change your mind.
But you can choose a refund or exchange for a service it it has a major problem..
If our servers experience long periods of downtime
Is significantly different from the sample or description supplied by exchanged emails.
Doesn’t do what we said it would or what you asked for and can’t be easily fixed, this needs to be proved by emails that we have exchanged with you during the course of setting up the service.
If the problem is not major, we will repair the service within a reasonable time. If it is not repaired in a reasonable time, you can choose a refund or replacement. Please keep your proof of purchase . for example, your receipt
2. Your Account
Use of a Netsell Internet account is expressly limited to the applicant. The account may not be transferred to any other party, temporarily or permanently, unless Netsell Internet gives prior authorisation in writing.
The applicant agrees to bear sole responsibility for all use of the account and for the confidentiality of the password. Netsell Internet will suspend or change access to the account immediately upon notification that the password has been lost, stolen or otherwise compromised.
To cancel the account, the applicant agrees to contact Netsell Internet by sending an email to accounts@netsell.com.au or by sending a facsimile transmission to (02) 9557 4505. Termination of the account will be effective 30 days from the date Netsell Internet receives this email or fax directing Netsell Internet to cancel the account.
The applicant agrees to pay Netsell Internet all charges relating to the use of the account, in accordance with the rates and prices at the time the service is used. Usage of certain special features & services and/or data storage may be subject to additional charges.
Netsell Internet reserves the right to charge additional fees for late payment of an account.
Netsell Internet reserves the right to change its rates and prices at any time, without notice to current Netsell Internet clients.
The applicant authorises Netsell Internet to apply all incurred fees to the applicant’s credit card, or – if the applicant does not wish to use a credit card – the applicant agrees to pay a monthly access charge in advance with any outstanding fees or data storage or excess usage.
The applicant must promptly inform Netsell Internet of:
Changes in expiration date of any credit card used in connection with a Netsell Internet account
Changes in home or billing address and telephone numbers.
Breaches of security including loss, theft, or unauthorised disclosure or use of a credit card, ID or password. Until Netsell Internet is notified of a breach of security, the applicant will remain liable for any unauthorised use charged to the applicant’s account.
The applicant may, upon written notification to Netsell Internet, change from one Internet package to another. Such notification must be received prior to the start of the following month in which the change is to take place.
3. Rules of Online Behaviour
The applicant is prohibited from posting any unlawful, libelous, threatening, abusive, disruptive or obscene material or messages that would violate rights of any person or constitute a criminal offence, or otherwise violate any local, state, federal or international law. Use of Netsell Internet’s services for advertising or promotion of a commercial product or service without the express written permission of Netsell Internet is prohibited. Use of distribution lists (spamming) is strictly prohibited.
The applicant is prohibited from uploading or reproducing information that is protected by copyright without obtaining permission from the copyright owner. Only public domain files and files in which the author has given the applicant express consent to copy or redistribute online or otherwise, may be uploaded to Netsell Internet servers, including software files and/or libraries.
Information and materials which the applicant may find published on Netsell Internet may be property of Netsell Internet or another source and may be protected by copyright or may contain protected trademarks. The applicant may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
Netsell Internet may terminate the applicants account if it believes, in its sole discretion, that the applicant has violated any of the above rules.
4. Representations, Warranties and Acknowledgment
The applicant warrants that all material that they submit for publication or posting on Netsell Internet will not violate or infringe any copyright, trademarks, patent, statuary, common law or proprietary rights of others, or contain anything obscene or libelous. By submitting information or materials owned by the applicant for publication or posting on, or distribution through, Netsell Internet the applicant will be deemed to have granted Netsell Internet non-exclusive permission to redistribute by transmission the information or materials world wide with out charge or liability. Netsell Internet reserves the right, but is under no obligation to, refuse, delete, or edit any information that the applicant submits or enters into Netsell Internet, including but not limited to electronic bulletin boards, databases and software libraries. The applicant agrees that they will not hold or seek to hold Netsell Internet liable for the loss of data or the misappropriation or infringement of any intellectual property right to which they claim ownership.
If ordering merchandise and/or services from any provider through any commercial services accessible on Netsell Internet, all transaction terms including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the applicant and the seller of the merchandise or service. Netsell Internet makes no warranties or representations whatsoever with regards to any goods or services provided by the seller of the merchandise or services and shall not be liable for any costs or damages arising, either directly or indirectly, from the products, services, actions or inactions of the seller.
Netsell Internet provides its services on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to Netsell Internet or any information or software therein. Under no circumstances, including negligence, shall Netsell Internet be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to forces majeures, communications line failure, theft, destruction or unauthorised access to Netsell Internet’s records, programs or services.
The applicant acknowledges that Netsell Internet has the right to delete any of the applicant’s personal files on any Netsell Internet service, which have not been accessed for more than 30 days and therefore labeled as “deadweight”.
The applicant agrees to indemnify and hold Netsell Internet, its parent companies, subsidiaries, officers and employees, harmless from any claims or expenses including reasonable solicitors’ fees, related to the violation of the agreement, including any abusive or unlawful behaviour on the part of the applicant or their dependants, or the infringement of any intellectual property or privacy right of any person.
This agreement will remain in effect until either party elects to terminate the agreement in accordance with the terms of this agreement or until Netsell Internet notifies the applicant that a renewal agreement must be entered.
Payment of said fees is considered acceptance to this agreement.
This agreement is and will continue to be governed by and construed in accordance with the laws of the state of New South Wales, Australia.