Soul Communications Pty Ltd and TPG Internet Pty Ltd are fully owned subsidiaries of SP Telemedia Limited. This agreement is with SOUL Communications Pty Ltd (Soul ABN 99 085 089 970) and TPG Internet Pty Ltd (ABN 15 068 383 737)
1.0 General Agreement
1.1 TPG Internet Pty Ltd ACN 068 383 737 (hereinafter referred to as "TPG") and the Customer (being an entity subscribing to TPG for the provision of Internet services) agree that by accessing TPG services, you accept, without limitation or qualification, these terms and conditions:
2.0 Provision of Service
1.2 The Customer agrees to be bound by TPG’s Dial-up Terms and Conditions, and TPG’s Standard Terms and Conditions as displayed on the TPG web site www.tpg.com.au. The Customer understands that TPG’s Dial-up, and Standard Terms and Conditions can be amended from time to time. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current Terms and Conditions displayed on the TPG web site at www.tpg.com.au. 1.3 This Agreement shall be deemed to have been made in Sydney, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of New South Wales. Each of the parties submits to the jurisdiction of the Courts of New South Wales. 2.1 Unlimited Pack and Wild, Pack: TPG may disconnect an Internet session if an extended period of idle time is detected or if a session exceeds 4 hours. Automated methods to avoid disconnection are not permitted. 3.1 Unlimited Pack and Wild Pack have a minimum 3 month contract and are billed quarterly in advance. 3.2 With some TPG dialup plans the Customer will be charged for all downloads in excess of a specified monthly download limit according to the current pricing on the TPG website www.tpg.com.au and will be debited monthly in arrears directly from the Customer’s credit card. Failure to pay the additional charges may result in TPG terminating the subscription, and there will be no refund of any unused subscription fees paid in advance As a courtesy, TPG may issue a warning via e-mail advising the Customer they are approaching the limit. The Customer can view their recent download history, and total downloads for the month, by logging into their TPG account online at https://cyberstore.tpg.com.au/your_account/. TPG recommends that Customers monitor their usage regularly. 3.3 The Customer hereby authorises TPG to charge any excess usage of their account at the current rate applicable to TPG Customers at the time the excess hours were used, and to debit any amounts due to TPG from any credit card account previously given to TPG for billing purposes. The Customer notes and agrees that any accounting and/or administration and/or registration fees are non-refundable and that cancellation fees may apply. 3.4 Payment options are cheque, money order payable to TPG Internet or credit card. Accepted credit cards: Visa, MasterCard, American Express, Diners Club. Accounts paid with an American Express or Diners Club card will incur a surcharge of 2.75% (incl. GST) of the payment amount when TPG debits the card. 3.5 The Customer is responsible for ensuring there are sufficient funds available in their nominated credit card or direct debit account at any time TPG bills the account. Dishonour fees and any other charges, expenses or losses resulting from TPG attempting to debit the credit card or direct debit account will be borne solely by the Customer. 4.1 TPG will debit new Easy Pack Customers $22 at the time of registration for 20 hours Internet Access paid in advance, this is non-refundable on cancellation. Once the 20 hours are used, Easy Pack Customers are billed when their hourly charges reach $22, or monthly, for the previous month’s usage, whichever comes first. The billing month begins on the date of purchase or the date of the last invoice. Usage is calculated in one-minute increments and charging is rounded to the nearest cent. A minimum access charge of 11 cents inc. GST per session applies. 4.2 Easy Pack payment is by Credit Card only. 4.3 Easy Pack is available in all TPG Locations. 4.4 Easy Pack Customers may login for Internet access as often as they wish whilst their subscription is current. Use of the same Username to login from more than one computer is permitted; however, all usage from multiple logins will be charged and is the responsibility of the registered TPG Customer. 4.5 Easy Pack customers renewing to an alternative package must inform Customer Service on 13 14 23. 4.6 Easy Pack is activated from the day of registration. 5.1 Unlimited and Wild Pack are available in locations as shown on the TPG website www.tpg.com.au. 5.2 Unlimited and Wild Pack Customers will not be able to connect via Points of Presence (PoPs) other than to those specified in 5.1. 5.3 The Unlimited Pack has a minimum 3-month contract for credit card only payment, paid quarterly in advance or minimum 12 month contract for cheque payment paid annually in. Value Pack has a minimum 3 month. 5.4 Wild Pack payment is by Credit Card only and is billed quarterly in advance. Wild pack has a minimum 3 month plan and an 80MB download limit. If the 80MB limit per month is exceeded, each extra MB is charged according to the current pricing as on the TPG website www.tpg.com.au. These extra charges will be capped at $14.96. 5.5 All Wild Packs and Unlimited Packs paid quarterly in advance by credit card will be automatically renewed for the next subscription period, unless written notice of cancellation is received at least two weeks prior to the expiration of the then current subscription. If such written notice is not received, TPG will automatically debit your credit card one-week prior to expiration for the next period. TPG may not necessarily contact the Customer to advise renewal. 5.6 The monthly time period for Unlimited and Wild Packs is calculated from the date of the first access connection or one week from the date of purchase, whichever occurs first. 5.7 Any unused time as at the date of cancellation will not be reimbursed. 5.8 Unlimited and Wild Packs are not available for users of permanent IP addresses. They do not provide for and are not designed for continuous connection. Continuous connection is available through a TPG Permanent Internet Connection or TPG ADSL. 5.9 Unlimited and Wild Pack Customers may login for Internet access as often as they wish whilst their subscription is current. Use of the same Username to login from more than one computer at the same time is NOT permitted, and will lead to immediate disconnection and termination of the user’s subscription without further warning. |