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Terms and Conditions

 

Acceptable Use Policy

Internet Acceptable Use Policy

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING SUPERNERD NETWORK AND SYSTEMS.
BY USING ANY SUPERNERD SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.

General Usage

Responsible Usage
You must take responsibility for your actions on the network and systems you access through SuperNerd. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger SuperNerd network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage
SuperNerd requires you to act responsibly when consuming resources on SuperNerd network and systems. If you unreasonably consume excess resources on SuperNerd network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage
SuperNerd requires you to take responsibility for maintaining the security of your SuperNerd Internet service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorised Usage

General
SuperNerd services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage
Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of SuperNerd or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via SuperNerd, sending harassing or threatening email, instant messaging or SMS, and forgery or attempted forgery of e-mail messages and Usenet, news postings.

You will be held liable for, and indemnify SuperNerd for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage
You must not use, or allow any other person to use, the SuperNerd network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright
It is your responsibility not to store on a SuperNerd system, transfer or cause to be transferred over the SuperNerd network, reproduce or make available for distribution through the SuperNerd network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth).

Content
SuperNerd does not and cannot monitor or control the content and information accessed via SuperNerd; SuperNerd only provides access. SuperNerd shall not be held responsible in any way for the content of the information accessed via SuperNerd or offered for public access via SuperNerd.
It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on the SuperNerd network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, instant messaging, SMS, chat or discussion forums and Usenet news.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic), Classifications (Publications, Films and Computer Games) Act 1995 (SA) or under other applicable state and/or Commonwealth Laws, including the Broadcasting Services Act, 1992 (as amended). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities
SuperNerd reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the SuperNerd network and systems is occurring. SuperNerd co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems. SuperNerd reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.


Dialup Terms and Conditions

Internet Acceptable Use Policy
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING SUPERNERD NETWORK AND SYSTEMS.
BY USING ANY SUPERNERD SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.

General Usage
Responsible Usage
You must take responsibility for your actions on the network and systems you access through SuperNerd. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger SuperNerd network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage
SuperNerd requires you to act responsibly when consuming resources on SuperNerd network and systems. If you unreasonably consume excess resources on SuperNerd network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage
SuperNerd requires you to take responsibility for maintaining the security of your SuperNerd Internet service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful or Unauthorised Usage
General
SuperNerd services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage
Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of SuperNerd or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.
Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via SuperNerd, sending harassing or threatening email, instant messaging or SMS, and forgery or attempted forgery of e-mail messages and Usenet, news postings.
You will be held liable for, and indemnify SuperNerd for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage
You must not use, or allow any other person to use, the SuperNerd network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright
It is your responsibility not to store on a SuperNerd system, transfer or cause to be transferred over the SuperNerd network, reproduce or make available for distribution through the SuperNerd network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968 (Cth).

Content
SuperNerd does not and cannot monitor or control the content and information accessed via SuperNerd; SuperNerd only provides access. SuperNerd shall not be held responsible in any way for the content of the information accessed via SuperNerd or offered for public access via SuperNerd.

It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on the SuperNerd network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, instant messaging, SMS, chat or discussion forums and Usenet news.

Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic), Classifications (Publications, Films and Computer Games) Act 1995 (SA) or under other applicable state and/or Commonwealth Laws, including the Broadcasting Services Act, 1992 (as amended). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities
SuperNerd reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the SuperNerd network and systems is occurring. SuperNerd co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems. SuperNerd reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

1. Definitions
SuperNerd (A.C.N. 59 076 598 582 / A.B.N. 076 598 582).
“we / our / us” refers to SuperNerd
“you / customer” refers to the individual who has signed the agreement as a customer. Where these policies refer to the ‘customer’ or ‘you’ this should be read to include anyone who uses your service.
“supplier” refers to a third party carrier or service provider.
“guarantor” refers to the individual who is financially responsible for the account.
“the services / service” refers to a Dialup Internet connection that provides access, via our network, to the Internet and related services. Unless the context suggests otherwise the use of the term ‘service’ means any and all services offered by us to you.
“Mb” refers to Megabyte.
“GB” refers to Gigabyte.
“monthly cost / monthly access” refers to your recurring monthly access fee for connection to our network.
“application / registration / registration form” refers to the form that you completed while applying for this service.
“agreement / terms / terms and conditions” refers to the Dialup Terms and Conditions.
“start date “ refers to the date when your billing cycles begins.

2. What is This Document?

  1. This document contains the general terms and conditions of your agreement that applies between you as the customer and us (SuperNerd) as your Internet Service Provider, of GPO Box 2138 Melbourne VIC 3001.
  2. This is for the supply of an agreed dial up service to you (“our services”)
  3. Under your agreement we provide:
    1. Dial up access to the internet,
    2. 5 email addresses,
    3. 10 Mb of web space,
    4. Associated services (for example, member login for account management and Nerd care technical support),
    5. Individual email messages are limited to 10MB in size. Each email address is limited to 20MB storage space,
    6. 5 hour session limits.
  4. If you have any questions you can call a friendly member of the Nerd Care team on 1300 888 090.

3. Provision of Service

  1. SuperNerd does not provide support for the following: SuperEasy Web Builder; NerdMail.

4. Important Matters

  1. The total amount you pay for our services depends on the plan you select (“your chosen plan”).
  2. Your chosen plan can be monthly (1 month), one quarter (3 months), half year (6 months) or a one year period (12 months).
  3. Your chosen plan then automatically renews for the same period you first chose unless stated otherwise on the Dialup Registration Form. You will not be entitled to receive any free months that may come with the renewable plan. It will then continue to renew to this plan.
  4. The Super Specials are only available for purchase one time only per customer.
  5. If you give us at least 14 days notice in advance prior to your chosen plan expiry period, by email or by any other written manner (as appearing in section 15.0 below), you can cancel this automatic renewal. The Nerd Block plans can be cancelled at any time providing that we are notified before the automatic renewal takes place.
  6. If you give us at least 14 days notice in advance prior to your chosen plan expiry period, by email or by any other written manner (as appearing in section 15.0 below), you can change your chosen plan. Your new chosen plan will start upon the expiry of your current plan period.

5. The Customer (You)

  1. You give your details when buying a Dial up plan from us by using our online sign up page, by telephone, or by any other written manner on our official Registration form.
  2. When you do so you must be at least 18 years old.
  3. If you are under 18 years old you need to have your parent or legal guardian sign for you.

6. Access to Our Services

  1. When you sign with us you will choose a username and password.
  2. You need these to access our services.
  3. You should keep your password secret.
  4. You are personally responsible in using our services.
  5. It is your responsibility to monitor your usage.
  6. Others living in your home or, if applicable, others who are your employees in your office may access our services (subject to Section 11.0 below).
  7. However you are responsible to ensure these others know the Nerd Terms and comply with them.

7. Calculation of Our Services Fee

  1. Your fee is agreed when you sign with us.
  2. It is payable on a monthly, quarterly or a yearly period.
  3. All fees paid are not refundable.
  4. We agree not to increase your fee for the duration of your chosen plan period.
  5. At least 14 days prior to your chosen plan period finishing, we may provide you notice of a fee increase (if any).
  6. Any increase in any fees will not apply to you for the duration of your chosen plan period, but can apply to any renewal periods.
  7. Cancellation without 14 days prior notice or mid contract cancellations will incur an administration fee of $20 providing there is no usage on your account.

8. How Do You Make Payment

  1. All plans can be paid by credit card (“the credit card”) or Direct Debit or Cheque/Money Order, excluding the NerdNet Monthly, Nerd Block 30 and Nerd Block 60 plans which can only be paid by Credit Card or Direct Debit. Note: If paying by Direct Debit your account will not be activated until we have debited your Bank Account. Allow 3 days for this. For faster processing, pay your initial payment by Credit Card.
  2. You need to give us correct credit card information.
  3. You need to keep that information current. You need to inform us if there is any change during your chosen plan period.
  4. If the credit card you use to make payment is not in your name you are responsible to get full authority from the credit card holder to pay us.
  5. If paying by Credit Card or Direct Debit, we debit your fees to the credit card or Bank Account in advance immediately when you agree upon your chosen plan period.
  6. SuperNerd reserves the right to report accounts outstanding for 60 days to Baycorp Advantage Ltd (Formerly CRAA), subject to Credit Advantage Ltd’s terms and conditions. We also reserve the right to perform credit rating verification checks prior to the commencement of call access as and when it sees fit. It is your responsibility to ensure you receive your SuperNerd invoice.
  7. Upon your chosen plan period expiring, we can try to debit your credit card or bank account on a reasonable basis. If we receive a cheque that bounces or we cannot debit your credit card or bank account on the date deemed as the due date for bill payment then you may also be liable for a Dishonour Fee of $11. This Fee will be charged to your account and must be paid before your account is re-activated. It is your responsibility to notify SuperNerd of any changes in your Account details.
  8. If your payment is declined we may immediately suspend or cancel the service and we may charge you a dishonour fee. We may include unbilled service charges in a later invoice(s). You must pay each invoice in full by the due date shown on it, or as otherwise notified by us. If you do not pay your invoice by the date payment is due we will charge you a late fee, suspend or cancel the service (in which case we may charge you a suspension fee and/or reconnection or reactivation fee), engage a mercantile agent to recover the money you owe us, institute legal proceedings against you to recover the money you owe us and on-sell any unpaid amounts to a third party (in which case you will be responsible to the third party for payment of the invoice). Payment terms are strictly 14 days. If we do not receive payment or cannot debit a credit card or your nominated bank account for any reason by your Billing/Due date, we will immediately suspend your account. We will attempt to contact you by phone or mail and if we still don’t receive payment within 14 days after your Billing/Due date, your account will be cancelled.
  9. You may view your invoices by either:
    • Email: A notice that your invoice has been generated will be sent to your correspondance email address. You can then view your invoice from the website by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members and by selecting ‘View Invoices’. It is your responsibility to keep your correspondance email address current which can be updated by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members and by selecting ‘View Account Details’.
    • Post: For an additional fee of $1.50 per invoice, you can have your invoice posted to your mailing address.
      Note: You will automatically be sent an invoice notice via email, unless you specify to receive your invoice via post. To request posted invoices send your request to payments@supernerd.com.au. It is your responsibility to ensure you receive your invoice. Your invoice will outline your Dialup costs.

9. Your Agreement Period

  1. You have the right to end your agreement with us by email or by any other written manner (as appearing in section 15.0 below), by giving us at least 14 days notice before your chosen plan period expires. The Nerd Block plans can be cancelled at any time providing that we are notified before the automatic renewal takes place.
  2. We are under no obligation to provide any reminder to you.
  3. If you do not provide this notice to us your chosen plan period will renew automatically at the end of your chosen plan period for an additional time equal to your original chosen plan period.
  4. This renewal will be on the same terms and conditions as your original agreement except for any special offer or benefit that we may have provided you in your original chosen plan period.
  5. We have the right to end our services to you by giving you at least 14 days notice in advance by email or other written form at any time if you breach your obligations under your agreement.
  6. If we reasonably conclude that you have breached any obligation we may immediately suspend your right to our services.
  7. This suspension will occur while we enquire or investigate if any breach has taken place. In doing so we need not refund any fees applicable to the suspension period.
  8. The Nerd Block plans will expire 12 months from date of registration. Hours not used within the 12 months will be forfeited. Nerd Block plans are automatically renewed after hours have been used or after 12 months, whichever comes first.

10. Service Quality

  1. We work hard to provide our services to you on a continuous basis.
  2. Our doing so however may be slowed or interrupted completely for reasons which could be, for example:
    1. Any maintenance of equipment or anything else that relates to provision of services,
    2. Any failure (hardware or software) of equipment or anything else that relates to provision of services,
    3. Any temporary unavailability of services due to peak demand and network congestion.
  3. Your Internet connection speed, up to 56kbps maximum speed, depends upon many factors which are often outside our control. This can include failure in the internet generally or network congestion.
  4. We cannot promise that you will always connect at any specific minimum speed or have access to all parts of the Internet at all times.
  5. We are not liable for any losses that may occur as a result of any unavailability of our services at any time.
  6. We may block Internet Ports or IP Addresses at anytime without notice for network security reasons.

11. Your Use of Our Services

  1. You are the person responsible for all use of our services.
  2. You must comply with all agreed terms of access and use of our services.
  3. In your access and use of our services you must only use software you are legally entitled to use.
  4. All Email Addresses and aliases have Virus and Spam Filtering automatically activated. Virus Filtering is set by SuperNerd and cannot be changed or disabled. Spam Filtering is set to the default settings which can be adjusted from NerdMail.
  5. SuperNerd will use its best endeavours to filter incoming emails for viruses but will not be liable for any loss or damage that might be incurred as a consequence of preventing emails from being delivered or from permitting any emails to be delivered. Spam & Virus filters are automatically set by us.
  6. We are not responsible for nor obliged to supervise, review, or in any way control the content or form of any information or internet traffic you access through our services.
  7. Hence we do not promise or agree that any information, data or software of any kind available on the Internet is:
    1. Suitable for your use,
    2. Accurate,
    3. Free of viruses, worms, Trojan, unsolicited communications (also known as “spam”) or other malicious programs or scripts,
    4. Does not infringe any applicable law (criminal or civil, including any applicable intellectual property or censorship law).
  8. You are responsible for any content you place through us on the World Wide Web, FTP or any other service to ensure it does not breach any laws that might apply to:
    1. Spam,
    2. Defamation,
    3. Fair trading and trade practices,
    4. Intellectual property, censorship or copyright,
    5. Gaming/gambling.
  9. Notice concerning mailing lists, unsolicited mailings (spam): SuperNerd strictly prohibits the use of our servers to send or relay unsolicited mail (spam). If any services or domain hosted by SuperNerd, participates in the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly know as spam, this will lead to a notice of 3 days to take proper action or the services will be cancelled. You understand and acknowledge that SuperNerd has a zero-tolerance policy against the sending of unsolicited bulk emails or commercial messages over the internet (spam or spamming). Mailing lists hosted on SuperNerd servers are not to be used to develop unsolicited mailing lists or bulk mailing lists. Activity flowing through the SMTP servers hosted by SuperNerd is monitored continuously and new security features and monitoring techniques are being installed in order to detect and prevent unauthorized use of SMTP servers.
    You acknowledge the policy concerning unsolicited mailings as stated above and agree not to use the equipment owned and operated by SuperNerd or any SMTP service for the purpose of sending any unsolicited bulk mailings.
  10. You must not access nor allow any other person to access our services for any illegal activity.
  11. If any claim is made against us, or if we suffer expense or loss of any kind due to your breaching your obligations, you agree to indemnify us in all respects.
  12. We have however, the right to monitor or edit your using our services or any content you place. We have the right to change, alter or remove any of such content we reasonably believe breaches your obligations.
  13. We have no obligation to provide you any training in the use of our services.
  14. We work hard to allow all our customers to access our services at the cost of a local call, but you are obliged to seek information from your telecommunications provider as to your ability to do so in your particular circumstances.
  15. All telephone call charges applicable when you dial up our services are your responsibility.

12. You Must Not

  1. In using our services you must not:
    1. Try to obtain unauthorised access to or cause any malfunction in any computer system.
    2. Breach any laws (civil or criminal).
    3. Upset the rights of any other person, company or body.
    4. In any way maintain a permanent connection.
    5. Download any material or internet traffic, except for your personal use.
    6. Distribute email to anyone who has not consented to receiving it.
    7. Dial in from more than one location at the same time.
    8. Transfer or assign any rights created by this agreement.
    9. Resell our services in any way (unless you first obtain our express written permission).

13. IP Addresses

  1. Any IP addresses that we allocate to you:
    1. Are not transferable.
    2. May be withdrawn or changed by us at any time, after giving you at least 14 days advance notice in writing.
    3. Remain our sole property.

14. Money Back Guarantee
Should you decide to cancel a Dialup account within the initial 3 day period, you will receive a full refund on the initial payment. Any upgrade of the initial account by you within the initial 3 day period will be considered a waiver of the money back guarantee and an acceptance of the then current rates and fees. To be considered valid, all money back guarantee requests must be made by contacting a Nerd Care customer service representative on 1300 888 090 prior to your initial 3 days expiration within our business hours.

15. Additional Matters

  1. $1 = $1 NerdCash. This can be used towards your next due payment or purchasing additional webspace or email addresses. NerdCash can NOT be used as part payment. If you wish to pay using funds in your NerdCash Account, then your NerdCash must pay for the entire payment. To pay your Internet Plan with NerdCash you must pay 2 weeks prior to your billing date.
  2. Additional Email Addresses are available in blocks of 5 and are valid for 6 months from time of purchase. Additional Webspace are available in blocks of 5MB and are valid for 6 months from time of purchase. You can only purchase Additional Email Addresses and Additional Webspace from funds in your NerdCash Account or by Credit Card. Your block will automatically renew if paying by Credit Card. If paying by NerdCash, you will be sent an invoice 14 days prior to the expiration date. If we don’t receive your payment by the expiration date, your account will be suspended.
  3. We may change this agreement at any time by advance notice to you.
  4. This period of advance notice will be at least 14 days or the period of time remaining in your chosen plan period with us (whichever is the longer period).
  5. Our maximum liability to you is limited to the total sum of all fees paid or payable by you during your chosen plan period during which any such liability may arise.
  6. These terms do not limit in any way any additional rights or obligations applicable by any Federal and State legislation, including legislation relating to Trade Practices and Fair Trading.
  7. The law that applies to this agreement is the Law of Victoria and any Federal applicable law.

16. Notices

  1. You acknowledge that we rely on email as our main communication method. Hence we will send notices to you by email as follows:
    1. If you are a current customer and your account is not suspended, the email will be sent to your primary SuperNerd user address or any alternate email address you provide to us.
    2. If you do not have an email address, or it is suspended, we may attempt to contact you by phone or mail.
    3. If we are legally obliged to contact you we will make all reasonable attempts to do so.
  2. Any notice we send you by email is deemed to be received by you at the time this email communication leaves our email servers, unless we receive automated notification of non-delivery within 24 hours.
  4. You may send notices to SuperNerd. You must include your username, password and chosen plan details for your notice to be legally binding.
    1. by email to info@supernerd.com.au. Cancellation notices should be sent via email to: cancellations@supernerd.com.au.
    2. by mail to:
      SuperNerd Customer Service, GPO Box 2138, Melbourne VIC 3001
    3. by fax to 03 9642 1743.
  5. You have the obligation of proof of receipt by us of any notice that you send.

17. Schedule of Fees
The following Fees may be subject to change from time to time and it is your responsibility to check.

Description  Fee
Printed Invoice $1.50
Refund
 $10
Late Payment Fee $8
Payment Dishonour Fee $11
Administration Fee $20
Early Contract Termination Fee No refunds given. A credit may be given if upgrading to SuperNerd DSL.
Cancellation of your internet access after contract period 14 days notice prior to your next billing period.


 

Super DSL Terms and Conditions

1. Definitions

SuperNerd (A.C.N. 59 076 598 582 / A.B.N. 076 598 582).

“we / our / us” refers to SuperNerd
“you / customer” refers to the individual who has signed the agreement as a customer. Where these policies refer to the ‘customer’ or ‘you’ this should be read to include anyone who uses your service.
“supplier” refers to a third party carrier or service provider.
“guarantor” refers to the individual who is financially responsible for the account.
“the services / service” refers to a DSL Broadband Internet connection that provides access, via our network, to the Internet and related services. Unless the context suggests otherwise the use of the term ‘service’ means any and all services offered by us to you.
“Mb” refers to Megabyte.
“GB” refers to Gigabyte.
“monthly cost / monthly access” refers to your recurring monthly access fee for connection to our network.
“application / registration / registration form” refers to the form that you completed while applying for this service.
“agreement / terms / terms and conditions” refers to the Super DSL Terms and Conditions.
“start date “ refers to the date when your billing cycles begins.

2. Agreement

This agreement constitutes the full and entire understanding and agreement between you and us in regards to the supply of the services. The services are provided on the assumption that you have read and fully understood these Terms and Conditions. These services are not be resold to 3rd parties and cannot be used for any form of FTP or web hosting services.

This service must not be used for any illegal or fraudulent activities, including those prohibited under the Australian Government Telecommunications Act 1999 or under any other Australian State and Commonwealth laws.

This Agreement begins if and when we accept your application for the service and continues until terminated by either party in accordance with this Agreement. SuperNerd reserves full rights to terminate this Agreement at any time. You shall fully and wholly forfeit all outstanding amounts.

Under your agreement we will provide:

  1. DSL access to the internet.
  2. 5 email addresses.
  3. 20 Mb of web space.
  4. Associated services (for example, member login for account management and Nerd care technical support).
  5. Individual email messages are limited to 10MB of transferable data. Each email address has the capacity to store 20MB of data.
  6. Dialup Backup Account with 10 hours free per month, thereafter $1.50 per hour.

3. Changes to our Agreement

We may need to change our Super DSL Terms and Conditions from time to time. For example, if one of our suppliers changes the terms on which they supply services to us, or changes the functionality or nature of a service, or its underlying technology, we may need to change the terms on which we supply the services to you. Consequently we do not offer to provide you with an ongoing supply of service on the same Terms and Conditions that existed when we first commenced providing that service to you after the completion of your contract period. You acknowledge and agree that from time to time the nature of your services and the terms on which we supply those services may change.

This may include changes to:

  1. Your Fees and Charges
  2. These Terms and Conditions
  3. Our Website Terms and Conditions
  4. Ongoing supply of services
  5. Becoming a SuperNerd Customer

4. Becoming a SuperNerd Customer

When you apply for a service with us, we decide whether to supply our services to you, based on the following:

  1. the particular terms for that Service;
  2. your eligibility for the Service;
  3. its availability to you;
  4. your ability to meet our credit requirements;
  5. your being over 18 years of age;
  6. if you are under 18 years of age then you will have to have your parent or legal guardian agree to act as guarantor for the account, and complete their details as well.
  7. Access to Our Services


5. Access to Our Services

You must comply with the following terms:-

  1. When you sign with us you will choose a username and password;
  2. You need these to access our services;
  3. You should keep your password secret;
  4. You are personally responsible in using our services;
  5. Others living in your home or, if applicable, others who are your employees in your office may access our services;
  6. You are responsible to ensure these others know the Super DSL Terms and Conditions and comply with them.

5.1 Nominated DSL Phone Number

    1. All other DSL services currently operating on the nominated telephone line must be cancelled prior to registering for SuperNerd DSL products unless you are Churning from a participating ISP. Existing DSL services will result in a Telstra order rejection.
    2. Your nominated phone number for this DSL service must be active and belong in the Telstra public switched telephone network.
    3. Your nominated phone number for this DSL service must not have any other services on it. It must be a voice or fax line only (eg. the nominated number must not reside in a rotary group, PABX system, belong to an ISDN BRI or PRI, have conference call facility associated with it, etc).
    4. Should you choose to change a number that the DSL Broadband is connected to then you understand that a reconnection fee may be required.

6. Contract Start Date

Your agreement to purchase a DSL Broadband service with us starts on the date that we receive your registration and an order is placed for a permanent DSL connection to the Internet through us. If an order is placed for the DSL connection and you decide to withdraw the request for a DSL Broadband connection, then we reserve the right to charge full termination fees, as set out in Section 29 – ‘Schedule Of Fees’.

Your Contract begins with us when we start providing our DSL Broadband services to you. This is referred to as your "start date". Your first monthly billing cycle will occur on your “start date” and will be continued on a consequent monthly basis.

7. Contract Completion Date

Upon expiry of your chosen plan period, your agreement then automatically renews for subsequent periods each of one month unless:

  1. You give us at least 14 days advance notice by email or any other written form (as appearing in Section 13 – ‘Cancellations’ below) prior to your chosen plan period expiring that you wish to cancel this automatic renewal, or
  2. We give you at least 14 days advance notice of discontinuing our services to you if we reasonably believe you have breached your obligations under your agreement, or
  3. We are unable to provide our services to you, due to arrangements with our suppliers coming to an end, or
  4. Immediately you become bankrupt, or
  5. If you are a company, immediately you become insolvent or an administrator, receiver or liquidator should be appointed.
    This renewal will be on the terms and conditions that are current at the time of your monthly renewal and will exclude any special offer or benefit that we may have provided in your original chosen plan period. We may change the fee before the start of any renewal period providing we give you at least 14 days advance notice of any change. We are under no obligation to provide any reminder to you that your plan will continue to renew on a month by month basis, and it is your responsibility to inform SuperNerd of your intention to cancel the service.

8. Fees and Charges

You are responsible for paying the fees and charges for the service, any additional fees and charges under the agreement (including your registration) and those fees and charges which are notified by us in accordance with the agreement. You must pay all fees and charges incurred for the service, even if you did not authorise its use, or the service is unavailable or you are unable to access the service. (For further information see Section 9 – ‘Complaints and Disputes’) Charges may include: usage charges, monthly access fees, set up fees, administration charges, suspension or cancellation fees, late payment fees, payment dishonour fees and reconnection or reactivation fees. We may ask you to make a pre-payment usage charge or an interim good-faith payment (including for example, if there has been an unusually high use of the service). We may offer promotions or offers in connection with the service (special). If you accept a special, the price and terms of the special will prevail over those otherwise applicable under the agreement for the duration of the special until the special expires and then the full terms of the agreement will apply.

8.1 Set Up Fees

New SuperNerd DSL Broadband Applications
You may select from the following contract lengths and corresponding set up fees if registering for a New SuperNerd DSL Broadband Application:
a. 0 month contract with $149.00 Setup Fee (credit of $50 applies to customers – see Section 8.4 – ‘Loyalty Refund’)
b. 6 month contract with $110.00 Setup Fee (credit of $50 applies to customers – see Section 8.4 – ‘Loyalty Refund’)
To receive the cheaper Monthly Access Fees, you must select the 6 month contract.

Rapid Transfers / Churning DSL Broadband Applications
You can select from the following contract lengths and corresponding set up fees if registering for a Rapid Transfer / Churning DSL Broadband Application:
a. 0 month contract with $55.00 Setup Fee
b. 6 month contract with $0.00 Setup Fee

8.2 Monthly Access Fees

Your ‘Monthly Access Fees’ are based on the plan / setup fee stated on your contract under “Plan” and are payable monthly in advance.

8.3 Hardware Fees

Your ‘Hardware Fees’ are based on the hardware (equipment) stated on your contract under “Hardware” and are payable upon submission of your SuperNerd DSL Broadband Application. A Delivery Fee will apply to all requests for hardware to be sent to your nominated delivery address (refer to Section 3 of the Registration Form – ‘Hardware’). If you choose to receive your Hardware by Regular Post, we hold no liability and are not obligated to replace the Hardware.

8.4 SuperNerd Loyalty Refund

Customers that remain with SuperNerd for 7 consecutive paid billing cycles are entitled to a $50 credit on your 7th month. On your 7th monthly Billing Date, you are entitled to receive a $50 credit to your account. To be eligible for this offer you must have:

    1. Registered for a New SuperNerd DSL Broadband Plan from 27th October 2005.
    2. Paid the appropriate Set Up Fees in relation to your plan and have not used the Rapid Transfer / Churning DSL Broadband method.
    3. Received a $50 credit voucher in your Welcome Pack.
    4. Paid for 7 consecutive months on a DSL Plan.
    5. One claim per person.
      To claim the offer, you need to send your voucher by Post: SuperNerd Customer Service, GPO Box 2138, Melbourne VIC 3001 or Fax: 03 9642 1743. This should only be sent to SuperNerd from the date of your 7th monthly Billing Date.

9. Complaints and Disputes

If you have any complaints in connection with the service, you may complain in writing or by calling us. If we are unable to resolve your complaint to your satisfaction you may take your complaint through other avenues, such as the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the Department of Fair Trading or the Department of Consumer Affairs in your state or territory. If your complaint is about a fee or charge for the service, we may suspend payment obligations for that fee or charge until the complaint is resolved. All other fees and charges not in dispute remain due and payable. Where your complaint is about a significant and sustained loss of access to, or use of, the service and the loss was not as a result of circumstances reasonably attributable to you or non SuperNerd owned equipment, you may be entitled on request to a refund or a rebate of any access fee for the period in which you access or use was interrupted. It is up to SuperNerd to determine the amount of this refund or rebate.

10. Billing

We will bill you on a regular basis (either in advance or in arrears), and will try to include on your invoice all charges for the relevant billing period. However this is not always possible and we may include these unbilled charges in a later invoice(s). During the monthly billing process;

  1. If you are on an Unlimited Downloads plan, we will automatically charge your Monthly Access Fee, monthly in advance for your chosen plan.
  2. If you are on a Limited Download plan where excess usage may be charged then we will automatically charge your Monthly Access Fee, monthly in advance for your chosen plan. At the same time, we will also charge you the excess usage fee (if any) for the previous month of your chosen plan.

11. Payments

You must pay the service charges by direct debit payment from your credit card or nominated bank account. Payment of your first Monthly Cost, Setup Fee, any DSL Hardware you order plus a Delivery Fee, must be made at the time that you order our services. These initial costs can be paid by Credit Card, Direct Debit, Cheque or Money Order, or a Direct Deposit into our nominated bank account. If your payment is declined we may immediately suspend or cancel the service and charge you a dishonour fee. We may include unbilled service charges in a later invoice(s). You must pay each invoice in full by the due date shown on it, or as otherwise notified by us. If you do not pay your invoice by the date payment is due we may charge you a late fee, suspend or cancel the service (in which case we may charge you a suspension fee and/or reconnection or reactivation fee), engage a mercantile agent to recover the money you owe us, institute legal proceedings against you to recover the money you owe us and on-sell any unpaid amounts to a third party (in which case you will be responsible to the third party for payment of the invoice). Payment terms are strictly 14 days. If we do not receive payment or cannot debit a credit card or your nominated bank account for any reason by your Billing/Due date, we will immediately suspend your account. We will attempt to contact you by phone or mail and if we still don’t receive payment within 14 days after your Billing/Due date, your account will be cancelled. If you wish to re-activate the account, your Phone line will need to be re-provisioned and you will need to register for your account again which includes any Setup Fee’s. You may also incur an Administration Fee and you will still need to pay any amounts outstanding on your previous Accounts. SuperNerd reserves the right to report accounts outstanding for 60 days to Baycorp Advantage Ltd (Formerly CRAA), subject to Credit Advantage Ltd’s terms and conditions. We also reserve the right to perform credit rating verification checks prior to the commencement of call access as and when it sees fit. It is your responsibility to ensure you receive your SuperNerd invoice. If you have overpaid as a result of a billing error, your account will be credited with the amount you have overpaid and may be used at any stage to pay future accounts that become billable.

You may view your invoices by either:
• Email: A notice that your invoice has been generated will be sent to your correspondance email address. You can then view your invoice from the website by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members and by selecting ‘View Invoices’. It is your responsibility to keep your correspondance email address current which can be updated by logging in to the ‘NerdCentre’ online at: supernerd.com.au/members and by selecting ‘View Account Details’.
• Post: For an additional fee of $1.50 per invoice, you can have your invoice posted to your mailing address.
Note: You will automatically be sent an invoice notice via email, unless you specify to receive your invoice via post. To request posted invoices send your request to payments@supernerd.com.au. It is your responsibility to ensure you receive your invoice. Your invoice will outline your DSL costs.

11.1 Taxes

Unless indicated otherwise, the fees and charges set out in the agreement include any taxes (for example, goods and services tax). Where the fees and charges do not include taxes, we may increase those fees and charges in accordance with the agreement.

12. Suspending the service

12.1 Our rights to suspend the service

We may suspend the service at any time without liability if: there is an emergency, to allow us or a supplier to repair, maintain or service any part of our network or a supplier’s network, we reasonably suspect fraud by you or another person, we believe there has been an unusually high use of the service, any amount owing to us in respect of the service is not paid by the due date or you fail to pay an amount owing in full within 10 business days after we give you notice, we reasonably consider you a credit risk because any amount owing to us, you breach a material term of this agreement and you either cannot remedy the breach or do not remedy the breach within 30 days after we give you notice to do so, we are required to do so to comply with an order, instruction, request or notice from a regulator, emergency services organisation, other competent authority or under law, there are problems connecting our network to a supplier’s network, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, or you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due or we are otherwise entitled to do so under the agreement. This suspension will occur while we enquire or investigate if any breach has taken place. In doing so we need not refund any fees applicable to the suspension period.

12.2 Results of suspending the service?

If the service is suspended you must pay the Monthly Access Fee while it is suspended. If the suspension was not as a result of circumstances attributable to you or non SuperNerd owned equipment you may be entitled on request to a refund or a rebate of access fees for the suspension period. If the suspension was a result of circumstances attributable to you, you may have to pay us a suspension fee and, if you wish to reactivate the service, a reconnection or reactivation fee. Refunds will not be given for any reason unless SuperNerd deems it necessary.

13. Cancelling the service

13.1 Your right to cancel the service

You may cancel the service at any time by giving us 14 days notice prior to the renewing of the billing period. You may also cancel at any time without liability, by giving us notice, if we breach a material term of this agreement and cannot remedy the breach or do not do so within 30 days of you giving us notice to do so. Cancellation without 14 days prior notice or mid contract cancellations or if we lawfully cancel our services, requires you to pay $100 plus 50% of the remaining contractual payments, plus an administration fee: refer to Section 29 – ‘Schedule of Fees’.

13.2 Our right to cancel the service

We may cancel the service at any time if: there is an emergency, we reasonably suspect fraud by you or another person, any amount owing to us is not paid by its due date or you do not pay an amount within 10 days of receiving notice from us, we reasonably consider you a credit risk because of an amount owing to us, you breach a term of this agreement and cannot remedy the breach, or do not remedy the breach within 30 days of receiving notice from us, we are required to do so to comply with an order, instruction, request or notice of a regulator, emergency services organisation, other competent authority or under law, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due, the service is suspended for more than 30 days, an intervening event prevents the supply of the service for more than 30 days or we are otherwise entitled to do so under this agreement.

13.3 How you can cancel the service
You cannot cancel your account over the phone. You can notify us that you wish to cancel the service by providing us written notification at least 14 days prior to the renewing billing period. You may send notices to SuperNerd that must include your username, password and chosen plan details for your notice to be legally binding. You may send your written notification by either:

    1. Email: cancellations@supernerd.com.au
    2. Mail: SuperNerd Customer Service - GPO Box 2138, Melbourne, VIC, 3001
    3. Fax: 1300 887 866

13.4 What happens if the service is cancelled?

If the service is cancelled:

    1. you are liable for any charges incurred up to and including the date the service is cancelled;
    2. you authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges;
    3. if you are required to pay for the service by direct debit payment you authorise us to debit any undisputed outstanding charges (including cancellation fee) from your credit card or bank account.
    4. If the service is cancelled during the minimum term of a fixed-length agreement due to circumstances attributable to you, you must pay us the cancellation fee.
    5. If the service is cancelled due to circumstances attributable to you and we reinstate the service, you may have to pay a reconnection or reactivation fee. Refunds will not be given for any reason.

14. Excess Usage Charges

Plans that don’t have Unlimited Downloads include a free number of Downloads as stated in your Registration Form, “Plan”. Thereafter you will be charged an excess fee of 10c / per Mb. Your excess Downloads are capped at $40 per month excluding the 1500/256K Plans where the excess is capped at $80 per month. These are the maximum capping prices charged and all excess charges are made up to the maximum of the capped rate depending on your download excess amount.

For example:
1) If you were on the 256/64k Super DSL 500Mb Plan and you were to use a total monthly allowance of 600Mb then your monthly charge would come to a total of $24.95 + $10.00 = $34.95.
2) If you were on the 256/64k Super DSL 500Mb Plan and you were to use a total monthly allowance of 1GB then your monthly excess usage would be capped at $40.00 and your total monthly fee would be $24.95 + $40.00 = $64.95.

15. Plan Changes

15.1 Download Allowance Upgrade / Downgrade (same speed)

All requests for plan changes must be made in writing at least 14 days prior to your billing period renewal and cannot be requested over the phone. You may request a plan change as long as you comply to the following regulations:

    1. Your plan upgrade will only take effect as of the next billing period;
    2. If you are under contract you may only downgrade to the plan that you originally began the existing contract on;
    3. If you have completed your contract you are able to upgrade or downgrade to any plan;
    4. All plan changes must be made within the same speed range.

15.2 Speed Changes Upgrade / Downgrade

All requests for plan changes must be made in writing at least 14 days prior to your billing period renewal and cannot be requested over the phone. You may request a speed change as long as you comply to the following regulations:

    1. Your speed upgrade will only take effect as of the next billing period.
    2. If you are under contract you may only downgrade your speed to the speed that you originally began the existing contract on.
    3. If you have completed your contract you are able to upgrade or downgrade to any speed at any time.
    4. All speed upgrades / downgrades are subject to a $55 fee as described in Section 29 – ‘Schedule of Fees’. This must be paid before the speed change can occur.

16. Personal information about you

Personal information about you includes your name, address, phone number, credit card or banking details, credit rating and may include numbers you have called and the time and / or providing the location of a call.
We may collect, use and disclose personal information about you for the following reasons:

  1. to decide whether to start, stop or limit supply to you of credit, the service, or products and. If you do not supply part or all of the personal information we request, we may refuse or limit the supply to you of credit or the service.
  2. for purposes related to the supply of the service (including account management, business planning, product development) and to provide you with information about promotions, as well as products and services of SuperNerd. You may opt out of receiving communications that are not related to your account or legally required by contacting customer service.
  3. from and / or to credit reporting agencies, credit providers (but only for the purposes set out above).

We may be required or permitted by law to collect, use or disclose personal information about you from and to, for example; emergency services organisations or to law enforcement agencies. Subject to applicable law, you may access and correct your personal information by contacting us. If your payment methods are by Credit Card or Direct Debit, you will need to supply SuperNerd with the correct account information. SuperNerd will attempt to contact you as a courtesy, should we notice that your details are incorrect, however it remains the responsibility of you (the customer) to keep your personal information up to date with SuperNerd. SuperNerd holds no responsibility for incorrect information not being updated or its consequences.

17. Credit Card Transactions

The credit card being used for billing must be in the name of the person applying for the service. If the credit card you use to make payment is not in your name you are responsible to get full authority from the credit card holder to pay us. The credit card holder will then act as a guarantor for the account and will assume full responsibility for its payment. If credit card payment is unsuccessful then we can try to debit the credit card on a reasonable basis. We may charge a $2 administrative fee for each attempt up to a maximum of 3 unsuccessful credit card attempts, after which your service will be suspended until we receive payment.

18. Direct Debit Transactions

Direct Debit transactions may occur upon or around the due date shown on the valid invoice for the month. Please allow up to 72 hours for the transaction to appear on your bank statement due to differences in inter-banking policies. If paying by Direct Debit, your order will not be sent to provisioning until we have debited your account. Allow 3 days for this. For faster processing, pay your initial costs by Credit Card.

18.1 Dishonoured / Bounced Payments

Payments that are deemed to be dishonoured or bounced from your banking facility will incur a dishonourment fee. Please see Section 29 – ‘Schedule of Fees’ for the appropriate fees. In the case where a monthly access fee has been dishonoured or bounced, SuperNerd will attempt to contact you to inform you of the situation and will either arrange for the account to be debited again, or arrange for an alternative payment method to be made. We may also suspend your service until we receive payment for the service.

19. Provision of Our Services

SuperNerd aims to provide the following services:

  1. We will provide you with our services in such way as we believe appropriate.
  2. We will provide our services on a continuous basis, to the best of our ability, during your chosen plan period and any renewals of this plan.
  3. We will provide you with all the individual settings necessary to activate our services and your member privileges.
  4. If you change premises a number of fees apply. (See Section 29 – ‘Schedule Of Fees’)
  5. Any increase in any fees will not apply to you for the duration of your chosen plan period, but can apply to any renewal periods upon completion of your contract period.
  6. When provisioning the service to your allocated phone number, please allow up to 21 working days for the finalisation to occur after receiving your signed contract.
  7. If we are later unable to provide our services to you, we will refund fees as follows:
    1. Any set up fees in the provision of our services during your chosen plan period, will be refunded within 14 days.
    2. Fees for any DSL hardware if purchased from us will be refunded when we receive this hardware back from you, provided that this hardware is not damaged, is in its original packaging and is in saleable condition. You will not receive a refund for your Delivery Fee. The cost of returning Hardware shall be incurred by you.

20. Your Obligations

You are responsible to provide the following:

  1. You are responsible for your access including your phone connection.
  2. You should keep secret all your individual settings necessary to access our services and your member privileges.
  3. You must pay all fees resulting from use of our services accessed through your DSL connection, as authority to use our services is presumed upon this use taking place.

21. Your Use of Our Services

You are responsible for the following when using our services:

  1. You are the person responsible for all use of our services.
  2. In your access and use of our services you must only use software you are legally entitled to use.
  3. All Email Addresses and aliases have Virus and Spam Filtering automatically activated. Virus Filtering is set by SuperNerd and cannot be changed or disabled. Spam Filtering is set to the default settings which can be adjusted from the SuperNerd website which can be found at www.supernerd.com.au/members
  4. SuperNerd will use its best endeavours to filter incoming emails for viruses but will not be liable for any loss or damage that might be incurred as a consequence of preventing emails from being delivered or from permitting any emails to be delivered. Spam & Virus filters are automatically set by us.
  5. We are not responsible for nor obliged to supervise, review or in any way control the content or form of any information or internet traffic you access through our services.
  6. We do not promise or agree that any information, data or software of any kind available on the Internet is:
    1. Suitable for your use,
    2. Accurate,
    3. Free of viruses, worms, trojan, unsolicited communications (also known as “spam”) or other malicious programs or scripts,
    4. Does not infringe any applicable law (criminal or civil, including any applicable intellectual property or censorship law).
  7. You are responsible for any content you place through us on the World Wide Web, FTP or any other service to ensure it does not breach any laws that might apply to:
    1. Spam,
    2. Defamation,
    3. Fair trading and trade practices,
    4. Intellectual property, censorship or copyright,
    5. Gaming/gambling.
  8. Notice concerning mailing lists, unsolicited mailings (spam): SuperNerd strictly prohibits the use of our servers to send or relay unsolicited mail (spam). If any services or domain hosted by SuperNerd, participates in the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly know as spam, this will lead to a notice of 3 days to take proper action or the services will be cancelled. You understand and acknowledge that SuperNerd has a zero-tolerance policy against sending of unsolicited bulk emails or commercial messages over the internet (spam or spamming). Mailing lists hosted on SuperNerd servers are not to be used to develop unsolicited mailing lists or bulk mailing lists. Activity flowing through the SMTP servers hosted by SuperNerd is monitored continuously and new security features and monitoring techniques are being installed in order to detect and prevent unauthorised use of SMTP servers. You acknowledge the policy concerning unsolicited mailings as stated above and agree not to use the equipment owned and operated by SuperNerd or any SMTP service for the purpose of sending any unsolicited bulk mailings.
  9. You must not access nor allow any other person to access our services for any illegal activity.
  10. If any claim is made against us, or if we suffer expense or loss of any kind due to your breaching your obligations you agree to indemnify us in all respects.
  11. We have however, the right to monitor or edit your using our services or any content you place. We have the right to change, alter or remove any of such content we reasonably believe breaches your obligations.
  12. Responsibility for maintaining back up files and/or the storage of data is yours. We are not responsible for any loss you may suffer by your failure to do so.
  13. We have no obligation to provide you any training in the use of our services.

22. You Must Not

In using our services you must not:

  1. Try to obtain unauthorised access to or cause any malfunction in any computer system.
  2. Breach any laws (civil or criminal).
  3. Upset the rights of any other person, company or body.
  4. Download any material or internet traffic, except for your personal use.
  5. Distribute email to anyone who has not consented to receiving it.
  6. Transfer or assign any rights created by this agreement.
  7. Resell our services in any way (unless you first obtain our express written permission).

23. Services Quality

SuperNerd works hard to maintain quality through:

  1. We work hard to provide our services to you on a continuous basis.
  2. Our doing so however may be slowed or interrupted completely for reasons which could be, for example:
    1. Any maintenance of equipment or anything else that relates to provision of services,
    2. Any failure (hardware or software) of equipment or anything else that relates to provision of services,
    3. Any temporary unavailability of services due to peak demand and network congestion.
  3. Your Internet connection speed depends upon many factors which are often outside our control. This can include failure in the internet generally or network congestion.
  4. We cannot promise that you will always connect at any specific minimum speed or have access to all parts of the Internet at all times.
  5. We are not liable for any losses that may occur as a result of any unavailability of our services at any time.
  6. We may block Internet Ports or IP Addresses at anytime without notice for network security reasons.

24. Existing Phone Connection

You agree and understand:

  1. We can only provide our services to you if the cable running between your premises and the exchange nearest to you is owned by Telstra. This means you must have a standard telephone service from Telstra or a Telstra re-seller to receive our services.
  2. At this time if you do not own or purchase such a service, we are unable to provide our services to you.
  3. If, after you start receiving our services, your standard phone service becomes disconnected, you move premises, or you transfer your phone service to a provider other than Telstra this may mean you will not be able to receive our services. We need not refund any fees you have paid in these circumstances and you will be responsible for the continuation of the remainder of your chosen plan period.
  4. Any installation of our services to your phone connection may interfere with other services you have, such as security alarm monitoring services.
  5. You may be required to install additional equipment at your cost to ensure our services operate sufficiently when an DSL service has been installed.
  6. It is your obligation to inform any security alarm monitoring services provider of your installation of the DSL service that may affect your monitoring alarm system and that you may require additional equipment.

25. IP Addresses

Any IP addresses that we allocate to you:

  1. Are not transferable.
  2. May be withdrawn or changed by us at any time.
  3. Remain our sole property.

26. Churning from your existing ISP to SuperNerd

The following terms apply when churning to SuperNerd.

  1. You are only liable to receive the discounted churn offer if you are transferring from an active DSL connection and if your current DSL supplier is from the participating Transfer Internet Service Provider list.
  2. SuperNerd will supply the DSL service from the date the transfer takes effect (you will be notified when this happens).
  3. You will still be responsible to their current DSL supplier for any charges incurred and/or billed up to the date the transfer takes effect.
  4. SuperNerd may refuse or cancel your service on the basis of your credit assessment.
  5. After the transfer, you may not be able to receive certain benefits you currently receive from your DSL supplier (eg. discounts or specific product enhancements).
  6. Your DSL service will remain active with your current DSL supplier until the transfer takes place.
  7. You will need to contact your current DSL supplier about any faults with your DSL service until this transfer takes place.
  8. You may experience an outage in your DSL service of up to 4 hours whilst the transfer takes place. SuperNerd is not liable for any delays, as we are dependent on a 3rd party.
  9. SuperNerd holds no liability if the DSL transfer is rejected.
  10. You are the account holder of the DSL service(s) listed above, or is authorised by the account holder to transfer this service to SuperNerd.
  11. You understand that it is your responsibility to check the terms of your contract with your current DSL supplier to determine if there will be any consequences under that contract as a result of this transfer (such as an early termination payment).
  12. You authorise SuperNerd to confirm, on your behalf, your current technical data to be used for the DSL transfer process only.

27. Churning away from SuperNerd

  1. If you are planning to Churn your DSL service to another Internet Service Provider (ISP) you must first complete the agreed contractual period with SuperNerd to avoid the Cancellation Fee. Although your Monthly Access Fee is paid in advance, it is important to note that your Contract requires a permanent connection for the agreed contractual period.
    For Example: You sign a contractual Agreement with SuperNerd for a 256/64k SuperDSL Broadband Plan for an agreed 6 month period and your DSL Broadband is connected on the 14/01/2006. Your contractual agreement would then require you to fulfil a continuous 6 month connection from the 14/01/2006 to the 14/07/2006. After your contract period, we require payment of the following month as the Churn process can take up to 10 working days before it is completed. We will then refund you a pro-rated amount of any un-used time.
  2. Upon completion of the 6 month period you may then inform your new ISP that you wish to Churn. If you apply for a churn prior to the completion date of your agreement and the contractual agreement / connection is not completed you will incur the Cancellation Fee.
  3. You must wait until you have completed the ENTIRE Contract before you can inform your new ISP to begin the Churn process. If you don’t, you may be liable to pay the Cancellation Fee of $100 plus 50% of the remaining Contractual payments.
  4. Your SuperNerd account will be automatically cancelled after you have been Churned to your new ISP.

28. Additional Matters

The following additional SuperNerd services apply.

  1. $1 = $1 NerdCash. This can be used towards your next due payment or purchasing additional webspace or email addresses. NerdCash can NOT be used as part payment. If you wish to pay using funds in your NerdCash Account, then your NerdCash must pay for the entire payment. To pay your Internet Plan with NerdCash you must pay 14 days prior to your billing date.
  2. Additional Email Addresses are available in blocks of 5 and are valid for 6 months from time of purchase. Additional Webspace are available in blocks of 5MB and are valid for 6 months from time of purchase. You can only purchase Additional Email Addresses and Additional Webspace from funds in your NerdCash Account or by Credit Card. Your block will automatically renew if paying by Credit Card. If paying by NerdCash, you will be sent an invoice 14 days prior to the expiration date. If we don’t receive your payment by the expiration date, your account will be suspended.
  3. We may change this agreement at any time by advance notice to you. This period of advance notice will be at least 14 days or the period of time remaining in your chosen plan period with us (whichever is the longer period).
  4. Our maximum liability to you is limited to the total sum of all fees paid or payable by you during your chosen plan period during which any such liability may arise.
  5. To the extent to which we provide you with any goods, our liability is limited to the replacement or the payment for the cost of the goods being repaired under the Manufacturers Warranty excluding all shipping and handling costs.
  6. These terms do not limit in any way any additional rights or obligations applicable by any Federal and State legislation, including legislation relating to Trade Practices and Fair Trading.
  7. The law that applies to this agreement is the Law of Victoria and any Federal applicable law.

29. Notices

The following procedures apply.
You acknowledge that we rely on email as our main communication method. Hence we will send notices to you by email as follows:

  1. If you are a current customer and your account is not suspended, the email will be sent to your primary SuperNerd user address or any alternate email address you provide to us.
  2. If you do not have an email address, or it is suspended, we may attempt to contact you by phone or mail.
  3. If we are legally obliged to contact you we will make all reasonable attempts to do so.
    Any notice we send you by email is deemed to be received by you at the time this email communication leaves our email servers, unless we receive automated notification of non-delivery within 24 hours.
    You may send notices to SuperNerd. You must include your username, password and chosen plan details for your notice to be legally binding.
    1. By email to: info@supernerd.com.au
    2. By mail to: SuperNerd Customer Service
      GPO Box 2138
      Melbourne VIC 3001
    3. By fax to: 1300 887 866
      You have the obligation of proof of receipt by us of any notice that you send.

30. Schedule of Fees

The following Fees may be subject to change from time to time and it is your responsibility to check.

Description  Fee
Service Relocation fee (within 6 months of DSL connection on your current phone number) $150
Service Relocation fee (after 6 months of DSL connection on your current phone number) $100
Hardware Delivery Fee $10 for Regular Post
$15 for Registered Post
Fee to upgrade or downgrade line speed $55
Fee to carry our a Service Qualification of a Pair
(in the absence of an Order)		 $10
Fee for an incorrect fault call-out $75 per hour
Variation to order details (speed) before line installation date is advised by Telstra + delay of 2 working days $15
Variation to order details (address) before line installation date is advised by Telstra + delay of 5 working days $15
Printed Invoice $1.50
Refund
 $10
Late Payment Fee $8
Payment Dishonour Fee $11
Reconnection / Reactivation Fee (after service cancellation) $150 (no contract extension)
Administration Fee $20
Cancellation of your order after processing has commenced and before your contract period has expired $100 plus 50% of the remaining contractual payments.
Early Contract Termination Fee $100 plus 50% of the remaining contractual payments.
Cancellation of your internet access after contract period 14 days notice prior to your next billing period.

 

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