Version 3.0, applicable from 1 November 2006.
1.1. These are the standard General Terms of Trade under which Prussia.Net supplies its Services to our Clients, whether under the Prussia.Net brand or otherwise. These Terms apply to all of our Services. Additional Terms and Conditions may apply to specific Services.
1.2. Please read this document carefully as it outlines your rights and obligations as a Prussia.Net Client. It is a condition of your use of our Services that you comply with these Terms.
2.1. “Provider”, “we” and “us” refers to Stilgherrian trading as Prussia.Net, ABN 25 231 641 421.
2.2. “Service” refers to the provision of any and all of our products and services.
2.3. “Client” and “you” refers to the individual, business or group using Prussia.Net’s Service.
1.4. “Service Package” refers to a specific list of Services selected by the Client. A specific Service Package is identified by an item number, for example “pnh00901”.
1.5. “Pussia.Net website” refers to the website accessible through the URL http://prussia.net/.
3. Application and Variation
3.1. These Terms supersede any prior agreement.
3.2. Use of the Service by the Client constitutes an agreement to these Terms.
3.3. At the commencement of the provision of any Service, the Provider will issue to the Client a notice listing the starting date of the agreement, and identifying the Service package selected by the Client and any additional Terms and Conditions which apply.
3.4. This agreement continues until terminated under the relevant Terms and
Conditions described herein or in any additional Trerms and Conditions, or upon 30 days written notice by either party.
3.5. The Provider may modify these Terms or any additional terms and Conditions, the pricing structure for any Service or the terms of the operation. Any such modification will be notified to the Client by email and on the Prussia.Net website. Any use of the Service by the Client after that publication will constitute an acceptance of that modification.
3.6. The Provider and the Client may agree to a variation of these Terms. However, any such agreement must be in writing.
4.1. The Client must pay for the Service as agreed. In particular, the Client must pay all Service charges incurred by the Client or any designated users, or through any access to the service which resulted from the use of th Client’s username and password or other access codes, whether authorized or not.
4.2. Clients must pay all amounts billed by the date indicated on the invoice. Late payments may incur a late payment fee as specified below:
- Up to 30 days overdue: $10 or 1% of the balance, whichever is greater
- 31-60 days overdue: $20 or 3% of the balance, whichever is greater
- 61+ days overdue: $30 or 5% of the balance, whichever is greater
Clients experiencing difficulties should contact our office or firstname.lastname@example.org to discuss payment terms.
4.3. If a Client’s payments are in arrears, the Provider may suspend the Service without notice. If a Client’s payments are more than 30 days in arrears, the Provider may terminate the Service without notice.
4.4. Acceptable payment methods are cash, company cheque, direct deposit to the Provider’s bank, or American Express. Payments by personal cheque are only acceptable with prior approval.
4.5. The Client consents to the Provider obtaining a credit reporting agency report containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
4.6. Prussia.Net’s normal invoicing method is via email. Additional charges may apply to invoices sent via fax or through the post.
5. Warranties and Liabilities
5.1. The Provider does not warrant that the Service will be uninterrupted or error free, or that the Service will meet the Client’s requirements, other than as expressly set out in this agreement and any additional Terms and Conditions.
5.2. Except as expressly provided to the contrary in these Terms, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the Provider’s liability for any breach of the term will, if permitted by that statute be limited, at the Provider’s option, to the resupply of the services again; or payment of the cost of having the services supplied again.
5.3. The Client warrants that at the time of entering into this agreement you are not relying on any representation made by the Provider which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
5.4. The Client accepts full responsibility for keeping secure any passwords or other access codes used to access the Service.
5.5. Except as provided in section 5.2 the Provider is not liable to the Client or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; or for the content, context or confidentiality of any communications made using the Service.
6. Suspension of Service
6.1. If Service is suspended for any technical failure, modification or maintenance, the Provider will use reasonable endeavours to restore the Services as soon as reasonably practicable.
6.2. The Provider reserves the right to suspend the Service if the Client fails to comply with any agreement (including failure to pay charges due), or does, or allows to be done, anything which in the Provider’s opinion may have the affect of jeopardising the operation of the Service. The Provider may continue the suspension until the breach (if capable of remedy) is remedied.
6.3. Notwithstanding any suspension of any Service under this clause, the Client shall remain liable for all charges due throughout the period of suspension.
7. Termination of Service
7.1. The Provider may terminate this agreement and the provision of Service immediately and without prior notice if the Client breaches these Terms or any additional applicable Terms and and Conditions.
7.2. The Provider or the Client may terminate this agreement by giving 30 days written notice to the other party.
7.3. Upon termination of the Service, any outstanding fees shall be payable immediately by the Client. The Client shall not be entitled to any refund of payments made in advance. In addition, the Client is responsible for paying any cancellation fee applying to their Service Package.
7.4. Upon termination of the Service, the Provider may delete all Client data from any storage media.
8.1. Any notice served by the Provider to the Client shall be deemed to have been duly served when sent via email to the Clients’s mailbox, or by post or facsimile to the contact address provided by the Client.
8.2. Any notice served by the Client to the Provider shall be deemed to have been duly served when sent via email to the Provider’s mailbox, or by post or facsimile to the Provider’s current business address.
9.1. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
9.2. This agreement and the transactions contemplated by this agreement are governed by the law in force in New South Wales and the Commonwealth of Australia.
9.3. The Client may not assign its rights and obligations under this agreement without the Provider’s prior written consent.
9.4. The Client may not re-sell the Service to any other party.