GENERAL TERMS & CONDITIONS
Last Updated 01/07/2022
Effective 01/07/2022
Revision 5.7
1. HELPDESK & SUPPORT
1.1. Support with Eureka Telecommunications Western Victoria Pty Ltd (“Eureka Telco”) is provided on a first come first served basis, except where you, the client are a business, enterprise or wholesale customer or have an extended SLA or maintenance agreement where by your support requests are prioritized.
1.2. Support is delivered by Telephone on 1300 933 038 (option 2) during business hours and Support Ticket (24/7 365 Days) via our website or email (24/7 365 Days).
1.3. Our Network Operations Centre (NOC) is available via email (noc@ausnetservers.com.au) and via telephone (1300 990 293) 24/7/365 days a year for all network related issues or concerns including abuse. This number is not for support, additional fees may be incurred if you abuse this service. Please ensure you have a support ticket open prior to contacting a member of this department.
1.4. All service modifications, upgrades or changes must be lodged through our online ticketing system prior to speaking to one of our agents via telephone support. Please note that we do not accept service modification requests via any other means and as such all requests will not be actioned for privacy and security purposes.
2. BILLING & PAYMENTS
2.1. All invoice charges are shown in Australian Dollars (unless otherwise stated) and includes Goods and Services Tax (unless otherwise stated).
2.2. Your service will be instantly suspended if the payment is declined, charged back or disputed and early termination fees may apply
2.3. Your services will be terminated without further notice if full payment is not received within 7 days of it becoming due and if a payment arrangement has not been entered into and agreed apon.
2.4. Lodging a charge-back through your financial institution will result in an instant charge of $132.00 being applied to your account.
2.5. When an account is more then 5 days over due; payment has not been made; a payment arrangement or Promise to pay (POP) has not been entered into; or service is suspended then a $66.00 administration fee may be added to the invoice. This account charge must be paid by the customer prior to service re-activation.
2.5. Where service payments are not made and no payment arrangement is put in place within 24 hours of the due date your service will be suspended. If your account still remains outstanding after 5 days your service will be terminated and the account send to our collections agency
2.6. Where a client is paying Eureka Telco by Credit Card, the client gives Aus Net Servers Australia Pty Ltd permission to attempt payment capture at midnight of the service due date (unless payment has already been made for the due invoice.
2.7. Eureka Telco generates all invoices for all accounts at least seven (7) days prior the anniversary date. At this time you will be issued with a Tax Invoice via E-mail (as an attachment) or a notification of where you can login and download your invoice
2.8. All simply hosting products including but not limiting cPanel Web Hosting, DNS Server Hosting, Dedicated Servers, Virtual Private Servers and our electronic services are non-refundable
2.9. Payment Gateway Charges are charged on all invoices and are set out as follows: Bank Transfer Free per transaction, Credit Card is 2.90% of invoice value plus $0.30 processing fee per transaction, BPAY is 0% and $1.00 per transaction and PayPal is 3.90% of invoiced total plus $0.30 processing fee. All fees are inclusive of GST and may be subject to change
3. DEBT COLLECTION
3.1. Eureka Telco reserves the right to charge 20% interest on all accounts that are more than 30 days old unless a prior arrangement has been made in writing.
3.2. For the purpose of debt collection, debt recovery or debt purchase, Eureka Telco reserves the right to release your personal information in accordance with our privacy policy
3.3. If Eureka Telco is unable to make contact you the client to clear the account balance via email, phone or text message then Eureka Telco reserves the right to forward the overdue debt onto our debt collection agency whereby the client will be responsible for all collection and legal costs incurred in recovering the money owing.
3.4. Account credit cannot be withdrawn from your account at any point in time. All credit that is on the account will stay on the account until used by a fee or service
3.5. Where collection proceedings fail, Aus Net Servers Australia Pty Ltd reserves the right to lodge the debt owing against the client’s name as a bad credit mark. This may impact your future ability to apply for credit even after the debt is paid in full
4. TERMINATION & SUSPENSION OF SERVICES
4.1. Clients are forbidden, to create more than one account without the written approval of management using the same name or other address and contact details. We use extensive data cross matching systems to detect such activities and if a client is caught doing this they risk instant service termination with penalty
4.2. Eureka Telco may temporarily deny or terminate all your services apon the failure of the customer to pay account charges due or for breach of these Terms of Service. Such termination or denial will not relieve the customer of their responsibility for the payment of all accrued charges, plus any fees and any collection or legal fees if applicable. See “Billing, Payments, Collections & Account Policy for further information
4.3. For clients who do not give the mandatory 30 day’s notice to terminate their ANSA services the following applicable terms will apply:
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- The client will be billed a full months renewal of their services or part there of if applicable contract has expired;
- The client will be billed an administration fee of $66.00AUD;
- The client will be responsible for paying out the remainder of a contract;
- The client may be bill for late fees and charges
4.4. IP Addresses that are assigned to your account are to be used for lawful purposes only, using any IP addresses for illegal purpose will result in service suspension / termination with the appropriate fees being charged for early termination and network termination.
4.5. While reasonable efforts are be made to block all inbound and outbound attacks to other external or internal servers or networks, Eureka Telco are obliged to disconnect any service that may be participating in illegal activities if we receive documented proof that your service(s) have been committing such an attack on an external resource that matches the data packets on your port.
4.6. When a server is found to be excessively using the resources available, Eureka Telco reserves the right at its sole discretion to disconnect that server immediately to avoid slowing down other servers on our network. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and our network. Where appropriate account holders may be offered an option whereby Eureka Telco reactivate the server with additional resources for an additional fee.
4.7. As we run our own domain name registry any name server change requests for any domain name hosted by Eureka Telco must be put in writing and addressed to the Network Operations Centre at least 48 hours prior to the changes been undertaken to ensure relevant changes are made on our end to prevent any outages to your website.
5. ABUSE
5.1. IP Addresses that are ordered and not used within 14 days in accordance with our terms of service and APNIC’s terms and conditions will be removed from your service(s) and returned to the address pool.
5.2. You as the client are solely responsible for the content stored and used within your account and all attached services which is serviced to the general public from our network.
5.3. The client agrees not to abuse any staff member under any circumstances. Abusing a staff member will result in service termination without warning and you will be billed accordingly as per the terms of service for early termination and or where applicable network port termination. We take abuse of our staff very seriously.
5.4. Clients who abuse the network capacity / resources of the Eureka Telco by attacking other servers and or networks or constantly having their service(s) attacked with DDOS, SYN Attacks or BOTNETS will have their services suspended on the first occasion and terminated thereafter. Clients who commit or allow other people to commit such actions will be reported to the Australia Federal Police (AFP) and be forced to pay for the data that their service consumed in such illegal activities.
5.5. Eureka Telco’s network may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper written authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Committing such offense will result in service termination with penalty as set out in the terms of service above.
5.6. Eureka Telco forbids its clients and users to use our network for unacceptable behaviour. Examples of unacceptable behaviour, content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots, Denial of Service Attack, Hack, and any other scanning tools that cause harm to others; child pornography; email spam/bombing/opt-in; fraud activity / Credit card trading; harassment; making copy of unauthorized software; distribution of viruses. Committing such offense will result in service termination with penalty as set out in the terms of service above.
6. ACCOUNT SECURITY
6.1. Eureka Telco takes the account security of our customers extremely seriously. We urge you not to share your client area account login details with any other 3rd party company, contractor or individual. If you are found to be doing so your access to your account and applicable services may be suspended.
6.2. If you would like to have account representatives or authorized people added onto your account then please contact us via phone during business hours and we will endeavor to have them added to your account.
6.3. Eureka Telco will not release any account information which includes but does not limit, names, addresses, phone numbers or login details to any 3rd party without the consent of you the customer unless in accordance with our privacy policy or a court order.
7. PAYMENT GATEWAY PROCESSING FEES
7.1. When using a credit card with Eureka Telco, a processing fee of 5.00% of the total amount (inclusive of GST) + 0.30 cents per transaction
7.2. When using a our direct debit with Eureka Telco the following conditions apply:
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- You give GoCardless permission to debit your bank account on behalf of Eureka Telco.
- You acknowledge that personal information needs to be provided to GoCardless to be able to process the payments in accordance with our terms of service.
- A monthly fee of $5.50 will apply per transaction.
- A once off establishment fee of $66.00 will apply for each new client loaded into the system.
- In the event of a payment failure or be reversal a dishonour and administration fee of $99.00 (inclusive of GST) will be applied to your next invoice.
9. CREDIT & REFUND POLICY
9.1 Eureka Telco provides credits for its services in line with the relevant service level agreement or if required to do so by law for the product type provided. If no service level agreement is specifically outlined (eg. a residential connection) for your product then credits are assessed on a case by case basis for faults with a disruption to services for at least two business days. Credits are usually assessed after the disruption is resolved.
9.2 Eureka Telco provides credits for the cost of the loss of our services only, not for the usage of third party alternatives during downtime on our services (such as dongle or mobile hot-spot usage).
9.2 When a Eureka Telco service is cancelled, any amount paid in advance is credited back to your Eureka Telco account. This can then go towards charges on your following invoice(s). If you’ve closed your Eureka Telco account, the credit will go towards your final invoice. If there is any remaining credit on your account after your final invoice has been paid, you may request it to be refunded. Typically the Customer Service Rep handling your account closure will advise if they’ll monitor your account to action any refunds after your final invoice. If this wasn’t arranged, please call us on 1300 933 038 for assistance.
9.3 Eureka Telco does not provide refunds for change of mind purchases, however will provide an account credit that can be used on future invoices for further assistance please call us on 1300 933 038.
10. CREDIT REPORTING
10.1 Where required to by law, Eureka Telco Western Victoria Pty Ltd “Eureka Telco” may use a credit reporting agencies such as DnB (Dun & Bradstreet) or Creditor Watch for the purpose of:
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- Preforming credit history checks before delivering contracted internet and or other hosting services, in accordance with our Privacy Policy and any relevant Australian Local, State and Federal laws.
- The lodgements of credit defaults against you or your business if your account remains unpaid and debt collection has been exhausted.
11. FORCE MAJEURE
11.1. In the event of our being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment we shall not be liable for any loss, damage or expenses incurred by you
12. SEVERANCE CLAUSE
12.1. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.