1--- Definitions
1.1) "Web Prophets" means Web Prophets Pty Ltd (ACN 089 751 593).
1.2) "Service" means access to the computer network known as the Internet, including but not limited to, information services, computer resources, disk storage and computer communications. 1.3) “Broadband” means Web Prophets ADSL Service.
1.4) "ADSL" means Web Prophets ADSL Service. 1
.5) "ADSL Service or ADSL Account or Account" means the Customer’s Account set up by Web Prophets to allow the Customer to access the Service via an ADSL modem/router.
1.6) "Customer" means the person or entity with a Web Prophets Account enabling them to use the Service.
1.7) "Session" means the time period from the time the Customer connects to the service, to the time the Customer disconnects from the service, regardless of the amount of activity which occurs whilst being connected to the service.
1.8) "Email" is the official communication format between Web Prophets and the Customer. Emails that have been successfully sent by Web Prophets shall be deemed to have been received by the Customer. It is the Customers responsibility to ensure that they notify Web Prophets of their correct/current email address.
1.9) "Billing Period" is the period for which the Customer has paid/will pay for access to the Service. For example, if the Customer pays for the Service monthly, and their Service Expiry Date is the 18th of any given month, then the Billing Period shall be from the 18th of that month to the 17th of the following month. Conversely, the previous Billing Period shall be from the 18th of the previous month to the 17th of the current month.
1.10) "Communications Provider" means the company or entity responsible for the customers telephone line and telecommunication services (usually Telstra or a subsidiary).

2 --- Agreement
2.1) These terms and conditions constitute the entire understanding and agreement between the parties with respect to the provision of the Service. All other written or verbal representations, understandings or agreements are hereby excluded.
2.2) While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, to the extent permitted by law, Web Prophets and its employees, agents and consultants, excludes any liability for any loss or damage, whether indirect, special or consequential, which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained in Web Prophets literature , Help Desk and/or website. If any law prohibits the exclusion of such liability, Web Prophets limits its liability to the extent permitted by law, to the resupply of the relevant material or information.
2.3) Web Prophets may contract, transfer or assign any or all of it’s rights, benefits or obligations under this agreement at any time without notification.

3 --- Provision of Service
3.1) Web Prophets shall provide the Customer with an Account to access the Service upon receipt of the Customer’s name, address, contact phone number, current email address, completed Application Form, Telstra Activation Authorisation and other details deemed necessary by Web Prophets.
3.2) The Service shall generally be available 24 hours a day, seven days a week except for scheduled upgrade and maintenance times, which will be notified to the customer at least three (3) business days in advance.
3.3) Web Prophets does not warrant that the Service will be uninterrupted or error free.
3.4) The Customer acknowledges that the Service is not fault free and that they may experience interruptions and/or access difficulties from time to time.
3.5) All warranties of any kind are excluded - except non-excludable warranties implied by State or Commonwealth Statute.
3.6) Web Prophets does not provide unrestricted Internet access for all protocols, and some protocols are only available through proxies. Web Prophets reserves the right to make changes and modifications to its system as it feels necessary without prior notice.
3.7) The Service may be accessed by the Customer using an ADSL modem.
3.8) Web Prophets will provide a username, password and other information required for the Customer to access the ADSL Service.
3.9) Where a Customer’s usage adversely affects the Web Prophets service in general or other ADSL Services in particular, Web Prophets may, at its own discretion, elect to limit the transfer speed or temporarily/permanantly disconnect the Customer’s Service until such time as Web Prophets deems the adverse effects to have concluded.
3.10) Web Prophets does not restrict the size of the Customer's email box(es), on the condition that the Customer shall not store/leave previously read/downloaded emails in their email box(es) situated on Web Prophets equipment. If the Customer is found to breach this Condition, Web Prophets may, at its sole discretion, limit the size of the Customers email box(es) to 10 MBytes. Should this occur, there is a possibility that emails may be rejected if insufficient space is available.
3.11) Web Prophets will provide an additional 10 MBytes storage space for the Customer to create and store a personal website. This storage space shall not be used for any business transaction where the Customer supplies any form of goods or services, and shall not have a domain name attached to this web space. Should the Customer’s conduct breach this clause, Web Prophets may, at its sole discretion, either terminate the Service, charge the Customer with Web Hosting fees as per Clause 4, or both.
3.12) Web Prophets may at its own discretion, elect to provide a ‘Fixed IP Address’ to Dial-up Services and/or ADSL Services. The provision of a Fixed IP Address is not intended to provide the Customer with the ability to host a website/s, database/s, server/s or other equipment. Should Web Prophets determine that such activities have occurred it may, at its own discretion: a) Remove the Fixed IP Address facility from the Customer, b) Charge the Customer additional monies for the ability to host their own website/s, database/s, server/s or other equipment, c) ‘Block Ports’ as required to remove the ability of the Customer to host their own websites, databases, servers or other equipment.
3.13) The Service is not available from all telephone lines and/or locations within Australia. The Customer shall view Web Prophets website to ascertain whether the Service is available in their area.
3.14) Web Prophets will provide a ‘Backup’ Dial-up Service for Customers using the SOHO or PREMIUM ADSL Service. The ‘Backup’ Dial-up Service shall be free of charge if used in the following two ways: a) whilst the Customer is waiting for activation for their ADSL Service, provided the Customer has submitted an ADSL Application Form with full payment of their Set up Fee, first Billing Period and other fees or charges, accompanied by a copy of their Telstra phone bill and a copy of their Driver’s License, or, b) for use during times of disruption to their ADSL Service.
3.15) Should the Customer use the ‘Backup’ Dial-up Service detailed in Clause 3.14 in any way other than as detailed in Clause 3.14 then the Customer shall be liable to pay for use of the ‘Backup’ Dial-up Service as per the standard Dial-up Service charges detailed in Web Prophets website. The Customer shall be bound by the Dial-up Service Terms and Conditions detailed on the Web Prophets websitewhilst using the ‘Backup’ Dial-up Service whether free or charged.

4 --- Charges
4.1) The charges for using the Service are published by Web Prophets from time to time. Web Prophets may vary these charges at any time and the Customer shall be given one month's notice of any such variation by the publishing of new charges on the Web Prophets website.
4.2) The Customer shall pay monies to Web Prophets via one of the following approved payment methods: (a) Direct Debit of a credit card nominated by the Customer. (b) Cheque payments are only accepted when paid in quarterly installments in advance.
4.3) Customers paying by credit card will be invoiced monthly and have their payments automatically deducted for each billing period. Customers paying by cheque will be invoiced quarterly in advance. The invoice amounts will be calculated according to the previous billing period unless written notification is provided to Web Prophets at least three (3) business days before the Customers invoice falls due. It is the Customers responsibility to view details of plans available on the Web Prophets website. Excess Usage Fees, where appropriate, will be automatically debited at the beginning of each Billing Period for excess hours/downloads used in the previous Billing Period, or invoiced if no account has been nominated by the Customer or the Customer’s Account does not lend itself to automatic debits. Web Prophets may apply a charge for customer requested changes to their Service.
4.4) If payment is not received by Web Prophets because the Customer's credit card details are invalid or Web Prophets is unable to debit charges to this credit card, or the cheque used for payment of an invoice does not clear due to insufficient funds, or for some other reason not within Web Prophets control, Web Prophets may immediately and without notice terminate the Service. Any outstanding amounts, including any fees charged by the Bank, any debt recovery costs associated with obtaining the outstanding monies, and any interest charged on the outstanding monies, shall become immediately payable by the Customer.
4.5) If Web Prophets is obliged to pay any taxes in the nature of a goods and services tax or a value added tax in respect of any payment made or to be made under this Agreement, Web Prophets may charge the Customer an additional sum as may be necessary to ensure that Web Prophets receives a net amount (after payment of such taxes) equal to the full amount which it would have been entitled to receive and retain, had the payment been free and clear of such taxes.
4.6) Web Prophets will issue a Tax Invoice according to one of the following: a) Seven (7) days prior to the expiry of the current Billing Period for ‘no more to pay’ plans b) One (1) day after the current Billing Period for plans where excess usage charges may apply. The non-issue of an Invoice, or untimely issue of an invoice does not remove the need for Customer payments to be paid by the due date of the invoice or start of any subsequent Billing Periods.
4.7) Tax Invoices will be sent to the Customer via email.
4.8) Unless the Service is terminated by the Customer as detailed in Clause 10, Web Prophets will automatically renew Customer Accounts if the Customer has elected to pay for their Service via an approved automatic payment method. The exception to this Clause shall be when the Customer wishes to terminate the Service whilst they are under contract for continued usage of the Service, in which case the Customer remains liable to pay the balance of monies owed on the Contract.
4.9) If the Customer elects to pay outstanding monies to Web Prophets via cheque, money order or cash, then Web Prophets may suspend the Service if it does not receive payment by the close of business on the due date of the Tax Invoice.
4.10) Prepayment of monthly subscription or connection fees is NOT refundable.
4.11) Where Web Prophets has been made aware of continuing customer problems which are directly attributable to Web Prophets, and Web Prophets is unable to satisfactorily remedy the problems, the unused portion of prepaid subscriptions may be refundable to the Customer, less a deduction for any costs associated with terminating the agreement.
4.12) Any cost incurred by Web Prophets as a result of any unauthorised use, misuse or abuse of the Service will be charged to the Customer and added to the ADSL fees payable.

5 --- Customer Obligations
5.1) The Customer agrees to provide a telephone line, modem, computer and software to facilitate access to the Service at their own expense. If required, an ADSL modem can be purchased from Web Prophets.
5.2) Any modem used to access the Service must have the required Austel approvals. Should a Customer use a non-Austel approved modem, and this modem subsequently damages or interrupts that Service, or any other equipment/services in general the Customer shall be liable for all costs, whether liquidated or consequential, that arise from using this modem to access the Service.
5.3) The Customer agrees not to transfer its rights nor delegate its obligations under these Terms and Conditions or resell the Service without the written consent of Web Prophets.
5.4) The Customer is responsible for the selection and use of security features whilst using the Service. Although Web Prophets may offer or provide security features to minimise SPAM and/or virus transmission on its network, Web Prophets does not guarantee that these measures alone shall be sufficient for Customer security.
5.5) The Customer is solely responsible for the back up of any information on their computer/network and any of their files stored on Web Prophets equipment/servers.
5.6) The Customer is responsible for all use of the Service accessed through the Customer's username and password. Disclosure or loss of log-in information that incurs charges or Service misuse is the Customer's responsibility and should be reported to Web Prophets as soon as the Customer becomes aware of a potential loss or disclosure of log-in information, or the potential abuse/misuse of the Service.
5.7) The use of the Service is at the Customer's sole risk and is entirely the Customer's responsibility. Web Prophets does not and cannot monitor or control the content and information accessed/sent via the Service
5.8) Web Prophets shall not be held responsible in any way for any content or information accessed from the Service, or sent via the Service.
5.9) The Customer shall not use the Service to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer viruses, using the network to make unauthorised entry to any other machine accessible from the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and USENET news postings.
5.10) The Customer agrees not to undertake mass postings of messages to inappropriate USENET newsgroups. The Customer agrees not to undertake mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the Customer is posting including rules more restrictive than, but not limited to the above.
5.11) The Customer agrees not to publish, receive or transmit any material that is offensive, abusive, indecent, obscene or menacing. The Customer agrees to not publish material on their website that provides instructional information about illegal activities, promoting physical harm or injury against any group or individual, displaying material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age. The Customer agrees that any web page that receives an excessive number of "hits", as determined by Web Prophets, is liable for additional charges and/or restriction/termination of the Service.
5.12) The Customer shall not permit any other party to use the Service for any illegal purpose.
5.13) Certain Internet content may contain material which the Customer may find inappropriate, offensive, inflammatory or adult in nature. Web Prophets does not endorse such materials and disclaims any and all liability for their contents.
5.14) The Customer must comply with instructions provided by Web Prophets concerning the Service from time to time.
5.15) The Customer shall pay all costs, fees, charges or other expenses which are or may be incurred in respect to the Customer using any Services of the Communications Provider to allow access to the Service and shall indemnify and keep indemnified Web Prophets in respect to any such costs, fees, charges or other expenses.
5.16) Without in any way limiting Clause 5.15, the Customer shall pay all costs, fees, charges or other expenses which may be incurred in respect to timed telephone calls charged by The Communications Provider to enable the Customer to access the Service and shall indemnify and keep indemnified Web Prophets in respect to any such costs, fees, charges or other expenses.
5.17) Web Prophets shall not be liable for any service interruptions or other problems, whether direct or indirect, caused by the Customer modifying or deleting, whether knowingly or unknowingly, any information resident on their computer(s), modem(s) or any other equipment required for them to access the Service.
5.18) Web Prophets provides usage of a free Help Desk facility for use by the Customer. The Help Desk is provided to assist the Customer to overcome problems experienced in using the Service. The Customer shall not abuse the Web Prophets Help Desk by continually calling to gain assistance with problems with the Service resulting from: a) Misuse of the Customers computer(s), modem(s) or other equipment b) The Customers computer(s), modem(s) or other equipment being unfit for continued use of the Service, c) Problems not within the reasonable control of Web Prophets.
5.19) Web Prophets shall, at its own discretion, determine whether abuse of the Help Desk has occurred. If Web Prophets deems that the Customer is abusing/attempting to abuse the Help Desk, Web Prophets may elect to apply any or all of the following: a) Charge the Customer for additional usage of the Help Desk at the rate of $110.00 per hour including GST billed in 15 minute increments, b) Refuse to provide the Help Desk facility to the Customer, c) Terminate the Service, in which case refund of any monies paid will be at the sole discretion of Web Prophets
5.20) Web Prophets may, at its own discretion, suspend or terminate the Service without notice if the Customer propagates a virus or similar, either knowingly or unknowingly.
5.21) Web Prophets staff may elect to terminate any Help Desk, or other phone calls from Customers who are threatening or abusive. Web Prophets may, at its sole discretion, temporarily or permanently terminate the Service for that Customer. Should this be the case, Web Prophets has sole discretion on whether or not to return part or all of any monies paid by the Customer. Should the Customer be on a fixed term Contract for use of the Service, Web Prophets may terminate the Service and demand full payment of any outstanding monies on the Contract.
5.22) From time to time Web Prophets provides information to customers via its website on security issues and means to avoid/rectify them. Web Prophets does not accept liability for any issues/damages that arises from following these instructions or vice versa. It is the Customer’s responsibility to investigate the suitability of this information, and carry out the instructions if deemed suitable.
5.23) The Customer shall have sole responsibility in determining the suitability of the Service to meet their requirements.

6 --- Variation of Terms & Conditions of Use
6.1) Web Prophets may vary any of these Terms and Conditions from time to time by giving the Customer one month's notice of such variation by posting such variation on the Web Prophets website.
6.2) The Customer shall review the Terms and Conditions on the Web Prophets website at least once a month to check whether any variations to the Terms & Conditions of Use have been made.
6.3) The Customers continued use of the Service shall constitute the Customers acceptance of any variation in the Terms & Conditions of Use.

7 --- Exclusion of Liability
7.1) Except to the extent that liability may be governed by any statute, statement, condition or warranty express or implied, statutory or otherwise as to the quality, merchantability, suitability or fitness for any particular purpose of the Service, is hereby excluded and Web Prophets shall not be liable to the Customer or any other persons for loss or damage (whether special, direct or consequential) arising directly or indirectly from the use of the Service or any modification, variation or enhancement thereof, and any documentation, manual or training, relating thereto.
7.2) If any condition or warranty is implied in this Agreement pursuant to any provision of the Trade Practices Act 1974 (as amended) or relevant State of Territory legislation and has not been excluded from this Agreement, then to the extent that such condition or warranty is binding upon Web Prophets the liability of Web Prophets for breach of the condition or warranty shall be limited to any one or more of the following as determined by Web Prophets at its absolute discretion: (a) in the case of any goods supplied by Web Prophets, any one or more of the following: i) the replacement of goods or the supply of equivalent goods, ii) the repair of goods or the payment of the cost of replacing the goods or of acquiring equivalent goods, iii)the payment of the cost of having the goods repaired; (b) in the case of any Services provided by Web Prophets: i) the supplying of the Service again, ii) the payment of the cost of having the Services supplied again. These remedies shall not apply where Web Prophets has no control over the fault and/or its rectification, which includes but is not limited to: power surges, phone line problems, computer/modem problems, Telephone Exchange problems, viruses, SPAM, etc. For the Customer to receive any remedy, they must inform Web Prophets of the problem within fourteen (14) days of the problem occurring.
7.3) The Customer agrees that Web Prophets shall not be held liable for persons under the legal age accessing, receiving, or transmitting any material that is grossly offensive, abusive, indecent, obscene or menacing. The Customer also agrees that Web Prophets cannot be held liable for instructional information about illegal activities, promoting physical harm or injury against any group or individual, material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age.
7.4) Web Prophets advises parents and/or guardians to investigate and determine measures for restricting viewing of the content detailed in Clause 7.3 by persons under the legal age. Web Prophets cannot and will not undertake the role of censoring material available via use of the Service.

8 --- Indemnity
8.1) The Customer hereby indemnifies Web Prophets in respect of any loss, damage, action, claim, suit or proceeding against Web Prophets by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any obscene, pornographic, illegal and/or fraudulent material.

9 --- Force Majeure
9.1) Web Prophets shall not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes or other industrial action, riots, fire, explosions, power or communications outages, Acts of God, War, terrorism, governmental action, or any other cause which is beyond the reasonable control of Web Prophets.
9.2) Web Prophets is not liable for: a) any delays in installing any Service, b) any delays in correcting any fault in any Service, c) failure or incorrect operation of any Service, or, d) any other fault in performance under this Agreement, if it is caused by any event reasonably beyond Web Prophets control, including but not limited to the reasons listed in Clause 9.1.

10 --- Termination
10.1) Web Prophets may terminate the Service for any reason by giving the Customer seven (7) days notice.
10.2) In the event that the Customer terminates use of the Service, refunds will be dealt with as described in Clauses 4.11, 4.12 and 4.13.
10.3) Notwithstanding anything herein contained, Web Prophets may terminate the provision of the Service without notice if the Customer breaches any of these Terms and Conditions.
10.4) Web Prophets, in its sole discretion, reserves the right to temporarily suspend the Service to the Customer.
10.5) Should the Customer modify/suspend/terminate their application for an ADSL Service prior to activation of the ADSL Service, Web Prophets will charge a $77.00 administration fee for the modification/suspension/termination.
10.6) Web Prophets may charge a fee of $77.00 for any changes to an ADSL Service following Service Activation but prior to the expiry of the ADSL Service Contract.
10.7) Should the Customer suspend/terminate their ADSL Service following the date of ADSL Service Activation, the Customer shall be liable for the full amount of the ADSL Service Contract.
10.8) Following the expiry of a fixed-term ADSL Service contract, the Service shall continue to be supplied by Web Prophets on a monthly basis. Should the Customer wish to terminate an ADSL Service, they must notify Web Prophets three (3) days prior to the required termination date.
10.9) Web Prophets shall at it’s sole discretion, determine any applicable refunds/costs for termination of the service.

11 --- Privacy and Your Credit Rating
11.1) For the purposes of processing your application and ongoing credit management of your account, Web Prophets may need to disclose to a credit-reporting agency: a) all your personal or business identifying details; b) all your personal and business credit history and limits
11.2) The Customer authorises Web Prophets to carry out all necessary credit checks on the Customer through a credit reporting agency, or similar, for the purpose of providing our Services under the law.
11.3) The Customer shall indemnify Web Prophets for all legal and other expenses arising from any invalid credit cards, cheques or any other forms of payment used by the Customer to pay for the use of Web Prophets Service.
11.4) Web Prophets may suspend or terminate the Service based on the information contained in a Credit Assessment Report on a Customer. The customer is entitled to see, and to correct, their own credit information retained by us upon payment of a fee of $55.00 gst inc.
11.5) Web Prophets shall provide any and all personal and other confidential information concerning the Customer and any details concerning the Customer’s use of the Service to any organisation, department or other such entity with a lawful right to obtain this information.

12 --- Notices
12.1) All notices to be served upon either party by the other shall be in writing and shall be sent by email to the parties hereto at their respective addresses as specified, or posted on the Web Prophets website on the Home Page, within the Members Area or in the Terms and Conditions for Use.
13 --- Governing Law
13.1) These terms and conditions shall be governed by the laws in force in the State of Victoria and each party hereto irrevocably submits to the exclusive jurisdiction of the Courts of that State.