A- PROVIDER means 21^st Century Internet Access

B- CUSTOMER means any person or company who applies for the service and is approved by the provider to operate the account.

C- COMMENCEMENT DATE OF THE SERVICE means the date the first Account login was recorded, or the date of application form Acceptance (whichever is first). If application form is received within the same month of billing a pro-rata payment is applicable and is determined by 21^st Century Internet Access

D- ACCOUNT means the authorized user's right to use the service for an agreed fee including any extra charges incurred as per the application form filled and submitted by the customer, but does not imply any obligation for continued service provision.

E- EXTRA CHARGES means any excess consumed over and above the normal prescribed account fee or any extra service used online over and above the actual allocated hours or services as described in the application form relating to the relevant account.

F- BILLING PERIOD means the period the account is allowed to operate in, being monthly or yearly.

G- Customer logon name or username, determines the billing period and is described as follows:

Billing period for customer's logon name or username beginning with letters from A to K inclusive is from the 10^th to the 10^th of each month.
Billing period for customer's logon name or username beginning with letters from L to Z inclusive is from the 15^th to the 15^th of each month.

1. The21^st Century Internet Access Internet Access Agreement (called "Service Agreement") consists of the communication services, electronic data information and all materials (called "Information") provided by 21^st Century Internet Access. These terms and any Rules published over the Service constitute the entire agreement (called "Agreement") between 21^st Century Internet Access and Customer with respect to the Services. Upon any notice published over the Service, 21^st Century Internet Access may modify this agreement, pricing structure, or terms of operation. 21^st Century Internet Access may discontinue, transfer, sell, hire out, all or any of it's services and or subscriber base, or revise any or all aspects of the Service at its sole discretion and without prior notice.

2. Unless otherwise agreed, Customer's right to use the Service is not transferable and is subject to any limits established by 21^st Century Internet Access. The account entitles the user one login at any one instance ONLY, dual logins may result in disconnection of service. Hours are not accumulative.

3. The Customer agrees to indemnify 21^st Century Internet Access against liability for all use of Customer's account. The Customer is responsible for and must provide all telephone and computer equipment and any services necessary to access the service.
The Customer shall pay all fees and charges in accordance with the account option(s) selected, including online time charges, any minimum charges and any other charges incurred by the Customer for the billing period in which those charges were incurred. The charges incurred are inclusive and include any charges for any purchases made through the Service and any extra charges incurred while using the Service including any GST component that becomes due and payable under government or federal tax laws. The Customer shall pay all applicable sales taxes or GST relating to its designated use of the service. The Customer shall be responsible for all use of the Service accessed through the Customer's User ID (Username or login).

4. The Customer's account details shall be recognized by the User Login name and Password and will normally be invoiced for any extra charges according to the type of account agreed upon. All fees on all accounts are to be prepaid. Terms of payment on all extra fees and charges are net seven (7) days. If any payment due is not made by the Customer within seven (7) days from which the invoice (electronic invoice-email) is rendered, 21^st Century Internet Access may, at its sole discretion and without notice to the Customer, suspend its services to the Customer under this agreement, or terminate this agreement and any designated access to use the Service. The service is offered only to persons over the age of 18 years as per the application form and accompanying agreement, signatories must be over 18 years of age. A customer may cancel his/her account by submitting this request in writing ONLY, no later than 7 days prior to accounting period.

5. 21^st Century Internet Access shall not be held responsible for any down time arising from any malfunction to the service or computer hardware or software causing the service to fail for any defined or undefined period of time. 21^st Century Internet Access will endeavor to make good any such malfunctions.

6. The Customer agrees that the use of the service, is at the Customer's own risk. The service is used on an "AS IS" basis without warranties of any kind either expressed or implied. Neither 21^st Century Internet Access nor any of its employees, agents or service providers shall be liable for any damage direct , indirect or accidental arising from the use of the service the provision of this shall survive any termination of this agreement.

7. The provision of paragraph 6 is for the benefit of 21^st Century Internet Access and their, Employees and Agents, and each shall have the right to enforce such provisions.

8. This Agreement contains the full understanding of both parties with respect to the subject matter hereof, and 21^st Century Internet Access reserves the right to add, modify or alter this agreement from time to time to suit current commercial conditions. Notification of changes and alterations will be relayed to the customer by email and the newer version of this document will be available and published over the service at this location http://www.21century.com.au/agreement.htm

9. The customer agrees and is liable to pay a minimum $88.00 Dollar service charge per 60 minutes (inc Travel), upon a request by the customer to 21^st Century Internet Access to visit the customer's premises (non commercial), for the purpose of re-establishing the customers computer for access to the service, or any configuration problem the customer may have requested to be rectified. This is called a callout Fee and is subject to change by agreement with the client.

10. The customer agrees that an administration fee of $5.50 is payable upon an account change request that enables the client to alter the account chosen from billing period to billing period. Account change requests must be received no later than 7 days before the end of the billing period.

11. 21^st Century Internet Access Services may only be used for lawful purposes. Transmission of any material in violation of any Australian or State laws is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. You agree to indemnify and hold harmless 21^st Century Internet Access from any claims resulting from your use of this service which damages you or another party. At our discretion, we may revoke your access for inappropriate usage, including (but not limited to) unsolicited commercial email and other 'spam mailing', unauthorized or illegal access to other computers, and harassment of other Internet users, for forging email headers to disguise your true identity. You agree to pay any damages and/or fees associated with any unsolicited commercial email originating from your account.

12. Access fees which become overdue on accounting day being either the 10th or 15th of the month (depending on username) will render the account suspended for a period of 7 days, after which a $5.50 Late Payment Fee is chargeable to keep the account suspended for a further 7 days. If the account is unpaid by the 14 day limit it is automatically canceled. Once the account is canceled the user will need to re-apply for access. Upon non payment of fees and the resulting cancellation, 21^st Century Internet Access reserves the right to reject future applications by the customer on this basis.

13. The customer agrees to be bound by the account rules 21^st Century Internet Access has put in place.
Accounting shall be handled in the following manner:

A to K usernames or login names will be accounted for used total or combined time on the 10^th each calendar month.
L to Z usernames or login names will be accounted for used total or combined time on the 15^th each calendar month.

Please note this Agreement is kept upto date on our WebSite at this address: http://www.21century.com.au/agreement.asp

DIRECT DEBIT REQUEST SERVICE AGREEMENT

DEBIT DETAILS: Max. amount to Debit is as per prescribed application submitted. Frequency of Debit is Monthly. Payment Date: Monthly on either 10th or 15th of each month (Except when first received)

1.The customer will be advised 14 days in advance of any changes to the Direct debit Arrangement.

2.For all matters relating to the Direct Debit Arrangement, the customer will need to: Call our customer Information Line And/or Send written correspondence outlining the request/issue And Allow for 14 days for the amendment to take effect.

3.The customer should be aware that: Direct debiting through BECS is not available on all accounts And Account details should be checked against a recent statement from the financial institution, if you are in doubt, you should check with your ledger financial institution before completing the Direct Debit Authority.

4.It is your responsibility to ensure cleared funds are in the nominated debiting account when the payments are to be drawn.

5.If the due date for payment falls on a non-working day or public holiday, the payment will be processed on the next working day.

6.For returned unpaid transactions, the following procedures or policy will apply: Account will be terminated.

7.In case of dispute contact 21st Century in the first instance. A Direct Debit Claim may also be lodged through your financial institution

8.To stop a Debit item or cancel a request contact 21st Century. Such requests may also be directed to your financial institution.

All customer records and account details will be kept private and confidential to be disclosed only at the request of the customer or financial institution in connection with a claim made to an alleged incorrect or wrongful debit.