Warning: People
trying to obtain goods or services from OMCS without intending to pay
please see term 29.
- OMCS makes no warranties what so ever either
expressed or implied as to the services it provides, nor to the
fitness of its services for a particular purpose.
- OMCS will not be held responsible for any damages
suffered, including, but not limited to, loss of data due to
delays, misadventure, service interruptions, misdelivers or errors
and/or omissions.
- OMCS exercises no control what so ever over the
content of the information and data passing through its network
and you indemnify OMCS from any legal action regarding said
information or data.
- OMCS services may only be used for legal
purposes. The transfer of any material limited to, material
protected by trade secret, material legally judged to be
threatening and/or obscene, copyrighted material, material that is
slanderous or in violation of any other law. You also agree to
indemnify OMCS from any claims resulting from the use, of any
services, or any actions that damage any other party, or yourself.
- You agree to comply with the rules and
regulations imposed by any network you access through OMCS
services.
- Any information obtained via OMCS is used at your
own risk. No responsibility or guarantee is made on the accuracy,
quality or validity of the information.
- You agree and accept that random or group
unsolicited e-mail or advertising is unacceptable by the Internet
community and you (this includes companies) will not participate
in any of the above. OMCS reserves it's rights to seek damages and
compensation should such an event occur.
- The holder of the primary account (the account
holder) is responsible for payments and usage of (optional)
additional accounts.
- Accounts are to be settled as per current pricing
which is publicly displayed on the World Wide Web at http://www.omcs.com.au/omcs/accounts.htm
and/or http://www.omcs.com.au/webshop. OMCS reserves the right to
modify its rates by notifying existing subscribers fourteen (14)
days in advance.
- Accounts are required to be in credit at all
times or the account and associated services provided by OMCS will
be temporarily disabled until payment is received.
- Credit or unpaid time (over-time) is a service
provided by OMCS and is not a right of your account and may be
revoked at any time without notice or may not be provided at all.
Credit or unpaid time (over-time) is only provided to those
authorising OMCS to auto-charge a valid credit card or at OMCS'
discretion.
- There is a fifty dollar ($50.00) penalty fee for
unfunded cheques (Dishonoured/bounced cheques).
- Unless your account is paid within seven (7) days
of notification by e-mail your account and/or WWW pages will be
removed and will be treated as an account in default. You agree to
pay OMCS any fees that it incurs in the actions of obtaining money
owed to it.
- Reconnection of an account that has been in
default will be subject to a security deposit and a reconnection
fee. OMCS reserves the right to refuse re-connection.
- You agree to notify OMCS in writing at least
fourteen (14) days in advance if you wish to cancel your
subscription.
- OMCS reserves the right to cancel, disable or
delete your account at any time if you are not adhering to the
Terms and conditions or if your actions are illegal, offensive or
be seen as slanderous or damaging to OMCS, its owners, any of its
employees, or subscribers.
- OMCS reserves the right to refuse service or
subscriptions to individuals, groups, companies, associations or
organisations without having to provide a reason.
- OMCS reserves the right to modify the Terms and
Conditions at any time. The latest terms and conditions are
available at www.omcs.com.au/terms.htm or will be faxed to you by
email request or by phoning (07) 55233 933.
- Use of any services provided by OMCS constitutes
acceptance of these terms and conditions.
- Monthly accounts are subject to fifteen (15)
minutes idle time before disconnect and a maximum session time of
three (3) hours.
- OMCS makes no guarantee to availability of
services at any time.
- Time spent on normally unoffered services i.e.
Editing HTML pages, sourcing software and/or solutions not
previously arranged with OMCS, or any other activity are subject
to a one hundred and ten dollars ($110) per hour fee (inclusive of
GST) with a minimum charge of one hour.
- OMCS takes no responsibility for connection
problems or performance issues.
- OMCS will credit five (5) hours (casual
subscribers) or $5 (monthly subscribers) to any existing
subscriber that refers a new account. This only applies if the new
subscriber pays our usual $27.50 setup fee.
- No sexually related material is to be placed on
any web space made available to any of our clients. You agree that
if you are caught breaking this rule you will not only lose your
web space you will also lose your dial up account without refund.
- Accounts must be paid within seven (7) days. If
accounts are not paid within this time OMCS reserves the right to
cancel services and/or hold equipment pending payment.
- OMCS' bandwidth charges are based on received
data and are subject to change. OMCS will give 14 days notice of
any changes to pricing.
- OMCS does not refund any moneys.
- OMCS is a member of the Australian Creditor's
Association and as such we reserve the right to charge collection
fees on any overdue accounts that are forwarded to a collection
agency for failure to pay within our specified time period.
Collection
fees / Professional fees start at $350.00 and increase per level
of involvement.
- Late payments of any OMCS account automatically
invokes your credit application with OMCS. Once a credit
application is made on your account you instantly receive 30 days
credit and become an OMCS credit customer from that point on receiving
all entitlements herewith.
- OMCS requires payment in advance in full for web
hosting, domain registration and any services provided by the OMCS
Webshop. All accounts charged monthly or yearly are subject to
payment in full regardless of the usage of services during this
period. No pro-rata accounts or refunds for partial terms are
accepted.
- All changes to web sites hosted by OMCS must be
provided in writing by a person or persons authorised to act on
behalf of our client. This person or persons must be authorised by
the original owner of the account in writing.
- OMCS technical support for our Webshop clients is
available from Monday to Friday between 9am and 5pm excluding
public holidays on 07 55233933. If technical support is required
outside these times you can call 0410 559709, leave a message and
a technician will call you back as soon as possible.
|
