NET READY ACCOUNT AND SERVICE
TERMS AND CONDITIONS
Things you should know
These terms and conditions may be:
- viewed by visiting NET READY'S web site at:
http://www.netready.com.au/terms-and-conditions.html - obtained from NET READY by phoning 1300 300 728.
These terms and conditions cannot be printed out, reprinted, copied, modified, destroyed or terminated without appropriate consent by NET READY.
If YOU believe that YOUR ACCOUNT has become modified by anyone other than yourself or YOUR ACCOUNT'S AUTHORISED USERS then refer to 21 for details on the action to take to limit YOUR liability.
For queries concerning the SERVICE, contact NET READY on 1300 300 728.
Associated documents:
- NET READY Privacy Policy
The meaning of words printed in UPPERCASE throughout these terms and conditions are explained in 1 below.
Meaning of words
1 ACCOUNT means an ACCOUNT, which NET READY has determined, is accessible by the SERVICE. An ACCOUNT holds details of the ACCOUNTHOLDER and all ACCOUNT transactions.
ACCOUNTHOLDER means a person who has an ACCOUNT in their own name or, if in joint names, in respect of which NET READY may act on the instructions of any one or more of them.
AUTHORISED USER means a person who YOU have authorised under 4 to operate an ACCOUNT using the SERVICE.
BANKING BUSINESS DAY means any day on which banks on Gold Coast are able to effect settlement through the Bendigo Bank.
BILLING ACCOUNT means the bank account selected by a USER under these terms and conditions as the ACCOUNT to which fees relating to the SERVICE in respect of valued transactions, such as website development and maintenance SERVICES.
CUT-OFF TIME in respect of a BANKING BUSINESS DAY means, for the purposes of payments or any other purpose under this agreement, the time by which the instruction relating to that purpose must be completed, which times are determined by NET READY from time to time. Different times of the day may be specified for different purposes.
NET READY means Net Ready (ABN 94 120 125 126) and includes it's proprietors, successors and assigns.
SERVICE means the SERVICE that NET READY makes available through personal, telephone and internet consultation to issue instructions to apply on an ACCOUNT or to enable the receipt and transmission of information (including in relation to an ACCOUNT). SERVICES provided by NET READY to an ACCOUNT will remain the property of NET READY.
SOURCE ACCOUNT means the bank account where a debit transaction is recorded to which a fee relating to the SERVICE in respect of the debit transaction will be debited.
USER means YOU or an AUTHORISED USER or both, as the context requires.
YOU means an ACCOUNTHOLDER who has accepted these terms and conditions and YOUR has a corresponding meaning.
Offer
2 NET READY offers to make the SERVICE available to YOU on these terms and conditions.
3 YOU will be taken to have accepted these terms and conditions when:
(a) YOU sign and date these terms and conditions with a black or blue ball point pen; or
(b) an AUTHORISED USER accesses, or seeks to access, through the SERVICE, an ACCOUNT held by YOU; or
(c) a USER accepts to receive the SERVICE provided by NET READY.
Authorised user
4 NET READY may allow YOU to be an AUTHORISED USER if:
(a) YOU are an individual, or
(b) YOU are a proprietor of an Australian registered business, or
(c) YOU are a director or proprietor of an Australian registered company, or
(d) YOU are a proprietor of an Internationally registered business, or
(e) YOU are a director or proprietor of an Internationally registered company.
5 YOU can nominate another individual to be an AUTHORISED USER to the SERVICE, to address additions or modifications to the AUTHORISED ACCOUNT in every way available to YOU.
6 Subject to 7, YOU are liable for any use of an ACCOUNT by an AUTHORISED USER as if the ACCOUNT had been used by YOU. YOU should ensure that any AUTHORISED USER has read and understood these terms and conditions.
7 An AUTHORISED USER'S right to use the SERVICE to access and operate an ACCOUNT will be withdrawn from when YOU have notified NET READY under 40 when YOU want that to happen.
8 An AUTHORISED USER will be registered as a USER of the SERVICE by NET READY in their own name.
Use of the SERVICE
9 Once:
(a) YOU are taken to have accepted these terms and conditions under 3; and
(b) NET READY has record of AUTHORISED USER'S required personal and business details; and
(c) NET READY has recorded details of USER'S ACCOUNT BILLING ACCOUNT;
NET READY will:
(d) register YOU as a USER of the SERVICE.
10 YOU do not need to be a registered USER of the SERVICE YOURSELF to be bound by these terms and conditions - see 3.
11 The USER may use the SERVICE in accordance with these terms and conditions. However, NET READY may only allow the USER access to certain functionalities of the SERVICE if NET READY has received in a form, and in the manner, satisfactory to it any document or information, including any document which identifies the USER, as NET READY reasonably requires.
12 The USER may continue to use the SERVICE unless it is cancelled under this agreement.
13 Access to the SERVICE will be denied to a USER if the USER is not successfully identified as an AUTHORISED USER.
Functionalities of the SERVICE
14 NET READY may at any time add to, remove, change or impose restrictions on, the functionalities of the SERVICE in any respect including, without limitation:
(a) generally;
(b) in relation to a USER or a class of USERS; or
(c) in relation to an ACCOUNT.
YOUR responsibilities
15 YOU agree:
(a) not to give false or misleading information to NET READY;
(b) to notify NET READY immediately of any apparent changes required to update YOUR ACCOUNT records;
(c) to notify NET READY immediately if YOUR Australian registered business has been deregistered;
(d) not give, sell or resell any SERVICES supplied by NET READY and any SERVICES provided must remain the property of NET READY unless acceptable authorisation from NET READY under 40 has been approved, eg. Sell website material to another organisation.
16 YOU must ensure that an AUTHORISED USER agrees in the same manner as 15 requires YOU to agree.
17 Subject to 18 and 26, YOU agree that:
(a) an instruction to NET READY by a USER using the SERVICE constitutes a valid and irrevocable authority to NET READY to follow that instruction; and
(b) a payment instruction which is given before the CUT-OFF TIME for a day will be processed on the same day but if it is given after the CUT-OFF TIME it may be processed only on the next BANKING BUSINESS DAY after the instruction is given, otherwise the instruction becomes invalid.
18 YOU also agree that failure to make an instructed periodic or future-dated payment by the expiry date of particular functionalities of SERVICE, YOUR current ACCOUNT and/or selected SERVICES will be cancelled.
19 In the case of an instruction to make a periodic or future-dated payment, a USER may revoke their instruction up until the CUT-OFF TIME on the day payment is due to be made. Otherwise, YOUR current ACCOUNT and/or selected SERVICES will be cancelled.
20 YOU are responsible for all instructions given in relation to YOUR ACCOUNTS which are authorised by a USER'S of the ACCOUNT or undertaken by another person with a USER'S knowledge or consent.
21 YOU must notify NET READY immediately if:
(a) any apparent changes are required to update YOUR ACCOUNT records;
(b) YOUR Australian registered business becomes deregistered;
(c) YOU become aware of any unauthorised transaction or error on YOUR ACCOUNT.
22 It is YOUR responsibility to use other means of effecting transactions and giving and obtaining information if for any reason the SERVICE is unavailable.
Allocation of liabilities
23 YOU are not liable for any losses:
(a) where it is clear that YOU have not contributed to those losses;
(b) that are caused by the fraudulent or negligent conduct NET READY'S employees or agents;
24 Where it is unclear whether or not YOU have contributed to the losses resulting from unauthorised transactions on an ACCOUNT using the SERVICE, YOU are liable to pay the maximum fee involved.
25 Where it is clear that YOU have contributed to the losses because YOU have failed to comply with 15 or 16 or YOU unreasonably delay in notifying NET READY under 21, YOU are liable to pay the maximum fee involved.
26 YOU acknowledge that, subject to YOUR rights implied at law which cannot be excluded, NET READY is not liable:
(a) for any breakdown or interruption in the SERVICE due to circumstances beyond its control;
(b) for any corruption of data and any breakdown, interruption or errors caused to a USER'S computer or computing equipment as a result of using the SERVICE;
(c) for the failure of the SERVICE to perform in whole or in part any function which NET READY has specified it will perform;
(d) for any delays or errors in the execution of any instruction in respect of an ACCOUNT because of any breakdown or interruption in the SERVICE due to circumstances beyond its control;
(e) to a party to a payment instruction made by a USER, who does not receive funds because of a problem with the information provided by the USER;
(f) for any delays or errors by other parties (eg. the failure of a financial institution to process information in a timely manner); or
(g) for any refusal by a party to a payment instruction to accept, or acknowledge receipt of, the funds the subject of that payment instruction.
NET READY'S responsibilities
27 YOU acknowledge that, subject to YOUR rights implied at law which cannot be excluded, NET READY need not act or may delay acting on any instruction given to it by a USER through the use of the SERVICE, including processing any instruction on the next BANKING BUSINESS DAY after the instruction is given. YOU acknowledge that NET READY is not liable for any loss or damage caused to YOU as a result of NET READY'S failure to act or delay in acting.
28 YOU acknowledge that the correctness of information about a USER is subject to verification by NET READY as part of its normal procedures and reflects the entries that have been posted to the relevant ACCOUNT at the time the information is obtained.
Changes by NET READY
29 NET READY may:
(a) vary the amount, frequency or time for payment of any fees or charges relating to the SERVICE;
(b) vary these terms and conditions by introducing a new fee or charge relating to the SERVICE; and
(c) vary any other provision of these terms and conditions.
30 NET READY may notify YOU of any variation before it takes effect, but is not compulsory to do so. This notice will be in writing or in electronic media format.
Fees
31 YOU must pay NET READY'S standard fees as indicated in NET READY'S Price List relating to the SERVICE, including the use of the SERVICE, in accordance with 32 to 35.
32 NET READY may debit YOUR BILLING ACCOUNT or the SOURCE ACCOUNT with its standard fees relating to the SERVICE, including the use of the SERVICE, the amount and nature of which are detailed in NET READY'S Price List available from NET READY at any time. Fees are calculated at time of instruction to the SERVICE, and where the fees relate to the use of the SERVICE and are debited on execution of the instruction.
33 If insufficient funds are not received by NET READY for relevant fees or charges to the relevant ACCOUNT, the relevant SERVICE instruction, USER ACCOUNT and/or selected SERVICES may be cancelled.
34 If YOUR BILLING ACCOUNT is not satisfactory to NET READY, NET READY may immediately cancel the availability of the SERVICE and cancel YOUR account until such time that YOU provide a BILLING ACCOUNT acceptable by NET READY.
35 NET READY will not transact any refunds or exchanges regarding any ACCOUNT SERVICE discrepancies under any circumstances unless associated with Clause 23.
Termination
36 YOU or NET READY may end this agreement at any time by giving a notice to the other. If a USER does not use the SERVICE for 12 months, NET READY may end this agreement without notice to YOU.
37 NET READY may at any time choose to terminate YOUR ACCOUNT, it's SERVICES and these terms and conditions due to any reason whatsoever.
General matters
38 Clause 23 of the terms and conditions relating to NET READY SERVICE also form part of these terms and conditions except that if YOU have a query or complaint in respect of the SERVICE, YOU should contact NET READY.
39 NET READY have information available for YOU upon request concerning NET READY'S current Price List.
Notices
40 Notices, certificates, consents, approvals and other communications in connection with this agreement must be given using the SERVICE unless:
- otherwise specified in this agreement; or
- NET READY otherwise determines.
41 NET READY may send notices to the USER reporting updates or changes to the SERVICES and associated documents by NET READY as stated in the NET READY Privacy Policy.
42 NET READY must receive communication of any modification, instruction, fees or cancellation in the form of written media or electronic media that is acceptable by NET READY.
43 Any communication is deemed to be sent from where the sender has its place of business and is deemed to be received where the recipient has its place of business. For the purposes of this clause:
(a) if the sender or recipient has more than one place of business, the place of business is the sender's or recipient's principal place of business; and
(b) if the sender or recipient does not have a place of business, the place of business is the sender's or recipient's usual place of residence.
Governing law
44 This agreement and the communication contemplated by this agreement are governed by the law in force in Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of those courts.