1. Definitions
1.1 By using or subscribing to TRUBLUE you are subject to the following terms and conditions which constitute the entire agreement between you and TRUBLUE.
1.2 "The user", "you" or "your" refers to any person or device that connects to TRUBLUE for the purpose of gaining access to the system and the system refers to any computer, network, concentrator, terminal, or device that is used to supply services by TRUBLUE. Members Area refers to the area on the TRUBLUE Web Site used by members to access notices and account information.
1.3 "ISP" or "the ISP" refers to Auctions Classifieds Pty Ltd Trading as, TRUBLUE Internet Services, its networks and its system.
1.4 This agreement is governed by the law in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.
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2. Registration
2.1 During the subscription process you will be asked for personal information and you authorise TRUBLUE to obtain personal information about you to support your application to become a TRUBLUE member and to conduct all relevant credit checks and searches to enable TRUBLUE to determine your credit worthiness. TRUBLUE reserves the right to refuse any application for an account without giving a reason. Your privacy will be respected at all times, however TRUBLUE may monitor or keep any records necessary that relate to your use of the service.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform TRUBLUE of any changes to your personal details.
2.3 All accounts fall due on the anniversary of your registration to our service. If paying other than by credit card, payment must be received by within 9 days of your registration anniversary. If no payment is received by this time the system will automatically suspend your account on the 10th day.
You will be responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 4% calculated daily and compounded monthly.
2.4 All New members pay 2 months plan value up front. This includes a one month subscription fee which is held in advance at all times.
The balance will be left in credit on your account, till the following month when you will be charged just the balance for that month so as to align with the next due date, being the 1st of the month. The pro rata is calculated on 4 weeks to the month.
2.5 The user hereby authorises TRUBLUE to charge any excess usage of their account at the current rate applicable to the TRUBLUE user at the time the excess hours or download was used and debit any amount due to TRUBLUE from any credit card account previously given to TRUBLUE for billing purposes.
2.6 The user notes and agrees that any accounting and/or administration and/or registration fees are not refundable and that cancellation fees may apply. Dishonoured cheques incur a $20.00 (inc GST) handling charge.
2.7 Registrations will not be processed without prior payment.
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3. Notices
3.1 Regular notices are sent to your TRUBLUE e-mail address and or posted on the TRUBLUE website and via the Members page for your information. You must regularly check your TRUBLUE e-mail address and or the Members Area for important notices from TRUBLUE. Notices have been sent when Date Stamped by the sending TRUBLUE mail server and or posted in the Members Area.
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4. Your Conduct
4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system and that your TRUBLUE account will be debited $150 per hour for any repair work needed as a consequence of your actions.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to TRUBLUE.
4.3 If you use obscene language, abuse, threaten or harass any TRUBLUE staff member in person, via the telephone, fax or e-mail your account may be terminated immediately.
4.4 You agree to monitor your TRUBLUE account and usage and to select an appropriate plan using the Members facility provided on the TRUBLUE web-site and you agree that the system is designed to be shared in a fair and equitable manner with other TRUBLUE members.
4.5 You agree, that as the system is designed to be shared in a fair and equitable manner with other members, to monitor your TRUBLUE account usage and not to exceed the "Acceptable usage policy".
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5. General Conditions
5.1 TRUBLUE provides a service that is available twenty four hours a day to the standard active telephone jack in your premises and it is your responsibility to ensure that the access number provided by TRUBLUE is a local call as calls from outside your local call areas, may be subject to long distance or community call charges by your telephone company.
5.2 TRUBLUE supplies a connection disk suitable for Win95,98,2000,NT,ME,XP and Vista to configure your computer correctly and you are responsible if you tamper with the settings or allow another Internet service provider's installation disk to alter or disrupt TRUBLUE Internet settings and connection.
5.3 Your use of, or subscription to, TRUBLUE (including any additional services offered from time to time) constitutes acceptance of, and is governed by, these Terms and Conditions.
5.4 This service is subscription based only. Non usage of the account will continue to incur your monthly subscription fee unless you cancel in writing as per clause 13.1.
5.5 The ISP reserves the right to delete the client's personal files and email on termination.
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6. Technical Conditions
6.1 During peak periods, network capacity may become limited and access is not guaranteed. Multiple logins are not allowed, except by specific written permission and the account being setup specific for the user and the appropriate membership fees being paid as per applicable at the time and the standard terms and conditions. Terminal logins are not permitted and this service may not be used as a Permanent Modem Connection, Permanent IP address, Mail or Web Server so as to provide any Publicly Available service.
6.2 For security reasons the system requires that you re-authenticate on a regular basis. The period re-authentication period varies depending on the Plan, subscribed to. Automated attempts, devices or practices to avoid re-authentication are not permitted and your access to the system will be restricted if in our opinion you engage in activities which restrict or deprive access to fellow TRUBLUE members.
Depending on the plan chosen, the system monitors for inactivity on your account and will automatically disconnect you if your session is inactive for more than 20 minutes (20 minute inactivity idle) to ensure fair access to all Members.
6.3 To ensure security on the network you can only access your e-mail address, provided you are connected to the TRUBLUE service however you can collect your e-mails using our WebMail system from anywhere in the world without any restrictions.
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7. Limitation of Liability
7.1 TRUBLUE is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed telephone calls charged by a telephone company to you.
7.2 TRUBLUE is dependent on external network and data services, therefore you indemnify TRUBLUE for any inability to provide such services which are beyond its control. TRUBLUE does not guarantee that access to any system either internal or external to TRUBLUE, will be available at any given time or that the files, information or services will be error free or fault free.
7.3 The failure of TRUBLUE at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. TRUBLUE reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
7.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to TRUBLUE, this agreement is legally binding on your parents or legal guardians.
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8. Plan Information
8.1 All current plans are published on our web site and on all TRUBLUE Registration Forms which are available at all locations where TRUBLUE services are sold.
8.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes and may be withdrawn at any time without notice and are subject to special conditions which are in addition to TRUBLUE Terms and Conditions. Some plans may also be subject to additional specific Terms and Conditions and we reserve the right to alter these conditions at any time to ensure appropriate network performance (inline with standard conditions). (These plans are identifiable and accessible on the Plans & Prices page/s).
8.3 Monthly plans are billed on the anniversary or your registration. Excess fees for the current billing period are charged in the next billing period.
8.4 Annual plans are credited to your account as 12 equal payments. One month's fee may be held in advance. Excess fees are deducted from the total. Plans are renewed automatically.
8.5 Excess fees for services are as per specified on the appropriate prices pages on this website.
8.6 Excess Data fees are calculated on Download.
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9. Payment Information
9.1 All services provided are pre-paid and inclusive of GST.
9.2 For credit card users TRUBLUE will automatically renew your subscription for the next period debiting the subscription charges from the credit card provided unless written notice of cancellation is received at least 7 clear days prior to the expiration of the current subscription so as to maintain at least one month in advance, subscription. If such written notice is not received, TRUBLUE will automatically debit your credit card up to one week prior to the expiration of the current period. TRUBLUE may not necessarily contact the user to advise renewal.
9.3 For other forms of payment, it is the users responsibility to contact TRUBLUE to renew their membership for the next period so as to maintain at least one month payment in advance at all times. Unless written notice of cancellation is received prior to the end of the current period, as per point 9.2. TRUBLUE may not necessarily contact the user to advise renewal.
9.4 The user is required to inform TRUBLUE if their credit card is due to expire two weeks prior to the expiry of the current membership and is required to provide TRUBLUE with details of a current credit card.
9.5 All Non-Credit Card (cash, cheque, direct deposit, Direct Debit) accounts are subject to a $2.00 per month/transaction administration fee. (eg: pay 2 or 3 months in advance with one payment, $2.00 fees applies only once).
9.6 To establish this service, you are charged two months (the first month and the last month) fees in advance as per your selected plan. The first month's fee is applied to the first month of access (or as per clause 2.4) and the last month's fee is held until you notify TRUBLUE that you wish to close your account. TRUBLUE will then apply the last month's fee to your account and schedule your account for closure at the end of the following month. eg: closure notice received 7 days prior to the end of February, your account will remain open until the last day in March.
For new Direct Debit accounts a $5.00 once of, setup fee will be applied to your account.
9.7 All accounts are billed during the first week of the anniversary of your subscription, for the current month, and must be paid by the 9th day. A payment reminder may be sent on or about the 6th day to any unpaid accounts. On the 10th day of the same month any still unpaid accounts are automatically suspended. You will be charged a re-connection fee of $20.00 should your account be suspended. Dishonoured cheques will incur a Dishonour Fee of $20 which is applied to your account. Dishonoured Credit Cards and Direct Debit transactions will incur a Dishonour Fee of $2 which is applied to your account.
9.8 If you make a Direct Deposit to the TRUBLUE bank account you must either fax a copy of the original bank receipt, including your account name and reference number, to the TRUBLUE office or use our Direct Deposit Form provided to have the payment applied to your account. A $20.00 discovery fee is applied to your account for locating and identifying payments to the TRUBLUE account that you have not sufficiently or correctly identified.
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10. Changing Your Plan
10.1 You may select a different plan at any time by calling TRUBLUE Customer Services, or using the form provided. The system will allow you to make one plan change every 24 hrs. If you change your plan, the change will take effect on the first day of the next month. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect.
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11. Credits
11.1 Any money deposited by you to the TRUBLUE bank account that was not requested by a valid TRUBLUE Tax Invoice or where there has been a procedural oversight, will be credited to your TRUBLUE account. Money held by TRUBLUE is not refundable and will be applied to your account until the credit has expired. TRUBLUE will only refund money when ordered by a competent authority.
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12. Complaint Procedure
12.1 If you have a complaint, you must first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party. Your complaint must be made in writing to TRUBLUE on the appropriate Complaint Form provided here. TRUBLUE will investigate your complaint and provide you with a written response within 21 days of receipt of your Complaint Form.
12.2 Failure by you to first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party is a breach of this agreement.
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13. Cancellation
13.1 To cancel this service, you must provide notice in writing, preferably using the Unsubscribe From provided and received by TRUBLUE a clear seven days prior to the end of your billing period. The notice must be signed by the account holder. To protect your security and privacy, e-mail and telephone cancellations are not accepted.
13.2 TRUBLUE may close, suspend or terminate your service without a refund or credit if in the opinion of TRUBLUE you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement.
13.3 If an account is cancelled for any reason, any unused time will not be refunded for the current period. If you instruct TRUBLUE to cancel your account immediately, your account will be closed the same day and you will not be entitled to any refund. Otherwise your account will be closed in the manner described in clause 9.6.
13.4 An Administration fee will be charged if the account is cancelled within the first month, being the month held in advance.
13.5 If an account has not been paid within one month of subscription fees falling due and their has been no contact from the subscriber, the account will be closed and the months subscription held in advance will be forfeited in lieu of payment for that month. The account may be reactivate up to 3 months after it's closure for a reconnection fee of $40.00, you will also have to pay the two months in advance as per the new membership agreements, clause 2.4 to bring your account back into line within normal billing cycles. TRUBLUE will not open a new account for a subscriber that has let their account lapse, without any notification being given to TRUBLUE to close, suspend or put their account on Hold. Without first receiving a $40.00 administration fee for the old account and normal fees in line with new membership agreements.
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