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APANA® Connection Services Terms & Conditions

(Last updated - 13 April 2000)
Australian Public Access Network Association Inc.
ARBN 081 355 722

Rule 5 - Rights of Membership of APANA®, governs all terms and conditions of Connection Services. See Rules of APANA® for further details.
The following document is provided for information purposes so all members know how Rule 5 applies to them.
1. Connection Services
1.1 On and from the Connecting Member paying the relevant subscription fee (as set by APANA® from time to time), APANA agrees to provide Connection Services to the Connecting Member for the period of this Agreement, according to the terms of this Agreement.
1.2 APANA endeavours to maintain the continuity of Connection Services to the Connecting Member for the term of this Agreement.
2.  Exclusions and Limitations
2.1 This clause does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would: 
  1. contravene that statute; or 

  2. cause any part of this clause to be void.
2.2 APANA excludes all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ('Non-excludable Condition').
2.3 APANA's liability to the Connecting Member for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at APANA's option, to refunding the price of the goods or services in respect of which the breach occurred or to providing, replacing or repairing those goods or providing those services again (except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, in respect of which APANA's liability is not limited under this Agreement).
3. Connecting Member Obligations
3.1 The Connecting Member agrees at all times to maintain its membership of APANA, according to the Rules.
3.2 The Connecting Member agrees to comply strictly with the Rules, APANA's network Acceptable Use policy and any other policy APANA promulgates from time to time, each of which as amended or varied by APANA from time to time.
3.3 The Connecting Member undertakes to APANA not at any time to transmit on the Network or the Internet any material that infringes any third party's intellectual property rights or any other rights. The Connecting Member further agrees to comply strictly with all relevant laws, regulations, ordinances or any other delegated legislation, of whatsoever character, as amended or varied from time to time.
4. Indemnity
The Connecting Member agrees at all times to indemnify APANA for any expenses, costs, damages, penalties, imposts and any other liabilities APANA incurs from time to time, whether directly or indirectly, as a result of the Connecting Member transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by, or in any other way connected with, APANA providing the Connecting Member with Connection Services.
5. Term and Termination of the Agreement
5.1 This Agreement terminates forthwith in the following circumstances:
  1. on the expiration of the appropriate period, of which APANA notifies the Connecting Member prior to receiving the said Connection Service or such other period as APANA promulgates from time to time. 

  2. if the Connecting Member ceases to be a member of APANA; 

  3. if the Connecting Member at any time in the reasonable opinion of APANA breaches sub-clauses 3.2 or 3.3; and 

  4. on the Connecting Member at any time becoming insolvent.
5.2 APANA may otherwise terminate this Agreement by giving one (1) month's notice in writing to that effect to the Connecting Member.
5.3 APANA agrees to pay the Connecting Member an amount equal to the unused portion of the Connection Fees as at the date of termination where termination is not a result, whether directly or indirectly, of any act or omission of the Connecting Member.
6. General
6.1 APANA is at no time liable for any failure to perform, or delay in performing, its obligations under this Agreement, if that failure or delay is due to anything beyond its reasonable control. If that failure or delay exceeds sixty (60) days, the other party may terminate this Agreement with immediate effect by giving notice to APANA.
6.2 This Agreement is governed by the law applicable in Victoria.
6.3 Each party submits to the exclusive jurisdiction of the courts of Victoria.
7. Interpretation
7.1 'Agreement' means the agreement between the parties hereto, on the terms and conditions set out herein;
7.2 'Connection Fees' means the fees payable under sub-clause 4.2 in consideration of APANA providing Connection Services pursuant to clause 2, which fees APANA sets from time to time in its absolute discretion;
7.3 'Connection Services' means any services APANA provides to the Connecting Member pursuant to this agreement directly or indirectly concerning the Network.
7.4 'Network' means the network of computers which are owned and operated by APANA members and which are connected by virtue of APANA providing Connection Services; and
7.5 'Rules' means the Rules of APANA, as amended or varied from time to time.

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