1.    The Customer is the person named in the "Personal Details" section. By clicking on the check box on our signup page labeled 'YES, I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS' , you will be requesting Infoxchange Australia to provide to the Customer a residential Internet DSL service provided by Infoxchange Australia, together with associated services and software such as email facilities, web space and customer support ("the Services"). If Infoxchange Australia chooses to provide the Services to the Customer, the Customer agrees to be bound by these terms and conditions. Infoxchange Australia will be referred to as IXA within this document.
2.    The Customer has requested IXA to provide him or her with Internet access and IXA agrees to do so on the terms and conditions set out below.
3.    The customer agrees that the service agreement automatically applies to any new billing period. It is the customer’s responsibility to cancel an account before the end of the billing period.
4.    By entering into this agreement, the Customer represents to IXA that he or she is at least 18 years old. IXA may immediately terminate this Agreement if it comes to the attention of IXA that the Customer is less than 18 years old.
5.    IXA will provide to the Customer access to the Internet and use of one or more e-mail accounts ("the Customer Account(s)") via a designated login identification ("Customer Login").
6.    The Customer and members of the customer's household are the only individuals who are authorized to use the Services.
7.    The Customer: must ensure that all use and users of the Services comply with this Agreement; and
is liable for all use of the Services.
8.    The Customer is responsible for supervising all persons under the age of 18 years who use the Services . IXA does not guarantee the suitability of material able to be accessed through the Services and recommends that Customers who have concerns in relation to Internet content accessed by children provide supervision or acquire filtering software.
9.    The Customer must keep safe and confidential any access numbers, codes, passwords or other security information provided to them by IXA and notify IXA without delay of any disclosure of which he or she becomes aware.
10.    The Customer is responsible for providing and maintaining all equipment and software necessary to access the Services.
11.    The Customer must pay the Fees for the Services to which he or she subscribes and any Additional Charges for excess Services, calculated in accordance with the pricing plan selected by the Customer, as set out on the IXA website. All Fees are payable in advance, and Additional Charges are payable within 14 days of delivery of an invoice to the Customer by or on behalf of IXA via e-mail. IXA may charge interest at a rate of 10% per annum on any overdue Fees and Additional Charges from the date they fall due until the date of payment, inclusive. If IXA has received no payment by the due date, the Customer authorises IXA to directly debit monies owing to IXA using the credit card account details provided by the Customer upon registration.
12.    The Customer agrees to pay all taxes, duties, or levies, including any goods and services tax, which are incurred or payable by Infoxchange IXA in providing the Services, whether or not they were applicable at the time this agreement commenced. The Customer authorises IXA to increase the Fees and Additional Charges to include any additional or changed taxes, duties or levies from such time as the relevant tax, duty or levy comes into operation and in such amount as is applicable in accordance with the law.
13.    To the extent permitted by law, IXA will not be liable for any defect in the provision of Services which is caused by a reason beyond the reasonable control of IXA. In particular (but without limitation) the Customer acknowledges that :
continuity and connection speed of the Customer's Internet access depends on a wide range of factors, many of which are beyond the control of IXA.
IXA has no control over the accuracy or appropriateness of any information on the Internet.
IXA is not responsible for any software available on the Internet.
The Customer's Internet access may be interrupted by a variety of factors, including, but not limited to, equipment failure, the need for routine maintenance, and peak demand. Connection speeds at the maximum theoretical speed of the Customer's equipment may not be achievable in practice.
14.    IXA will use reasonable commercial endeavors to provide the Services continuously. However, IXA makes no guarantees that access will be available at all times and, to the extent permitted by law, will not be liable for any losses whatsoever that may be incurred as a result of the unavailability of the Services. The Customer acknowledges that there may be a reduction in availability during periods of maintenance and enhancement of the Services.
15.    The Customer indemnifies IXA against any liability, claim, action, suit, demand, loss, cost or expense whatsoever (including third party claims) arising out of or in any way connected with a breach of this Agreement by the Customer, or use of the Customer Account(s), or the Customer Login.
16.    The Customer must comply with the Rules made by IXA from time to time, including (without limitation) rules as to conditions of use and terms of payment. The Rules, as varied from time to time, will apply as if they were set out in full as terms of this agreement. In particular, the Customer must comply with the Acceptable Use Policy (which forms part of the Rules and is set out here).
17.    IXA may alter the Rules at any time by written notice to the customer. A copy of the Rules certified by an officer of IXA is conclusive evidence of the Rules applicable at any time.
18.    The Customer must not do anything which may damage IXA's equipment, software, setup or services.
19.    The Customer acknowledges that to the extent permitted by law IXA will not be liable for the Customer and the Customer releases IXA from any liability in relation to:
(a) the accuracy, appropriateness or lawfulness of any information on the Internet, or
(b) any software obtained through the Internet, or
(c) any email transmissions, or
(d) any malicious code or activity delivered via the Internet.
It is the Customer's responsibility to evaluate the accuracy, completeness, usefulness, appropriateness and lawfulness of all opinions, advice, services and other information and the quality and merchantability of all merchandise provided through the Services or on the Internet generally.
20.    The Customer's use of the Services and the Internet is entirely at the risk of the Customer. IXA does not guarantee that the Services or material accessible via the Services are free of viruses, worms, trojan horses, or other harmful components.
21.    To the extent permitted by law, the Customer must not use the Services to annoy, harass or harm other Internet users; or for any unlawful purpose or in any unlawful manner; or to access or transmit explicit materials; or for any other purpose that may be prescribed by IXA or by applicable laws from time to time.
22.    Any IP Address allotted to the Customer by IXA, whether as a static address or dynamically allocated, remains the sole property of IXA, and may be changed or revoked by IXA at its discretion at any time, and is not transferable.
23.    The Customer, and not IXA, is liable for any telephone service charges incurred in respect of any telephone line used by the Customer to dial up IXA's equipment and/or to use the Services. 
24.    IXA may terminate or suspend the provision of Services immediately if the Customer breaches this agreement or the Rules, or fails to promptly pay any money owed to IXA.
25.    Either party may terminate this Agreement by providing 14 days' notice to the other party. Termination by the Customer does not preclude IXA from taking action to recover any money owing to it at the time of termination.
26.    Pursuant to Australian state and federal consumer protection legislation, the Customer may have additional rights beyond those set out in these Terms and Conditions. Also, such legislation may imply additional terms or warranties in these Terms and Conditions which cannot be varied. Nothing in these Terms and Conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.
27.    The Customer authorises IXA to delete without notice and without liability to IXA any material found on the equipment owned or controlled by IXA which is unauthorised, unlawful, obscene, excessive in volume, uncollected for an excessive period, in an unauthorised place or dangerous, or as IXA otherwise sees fit without providing any reason. Notwithstanding this paragraph 26, the Customer acknowledges that IXA is not obliged to monitor, review or edit any materials located on its equipment.
28.    Relocating a DSL service - You and the new service location must satisfy all service conditions. We may relocate the service and charge you any relocation charges that are specified in our price list, without further confirmation from you.
29.    IXA may make and keep any record it requires for the purpose of fulfilling its obligations under this Agreement or the Rules or for the operation of the Services.
30.    These terms and conditions and the Internet Access Registration form the Rules and the Acceptable Use Policy form the entire agreement between the parties ("the Agreement"), and neither party relies on any term, condition, warranty, collateral contract, representation or promise set out in any other document, save for the provisions of any applicable legislation. Where there is an ambiguity between the various documents forming the agreement the following order of precedence shall apply:
(a) these terms and conditions, (b) the Acceptable Use Policy,
(c) the Internet Access Registration form and (d) other rules
31.    Any notice given about any matter concerning this Agreement may be given by facsimile, email or post at the last facsimile number, email or postal address notified to the sender and is deemed to have been received at the time when it would have arrived in the ordinary course of the relevant type of transmission. Notice may be given to the Customer through the Customer Account. The Customer is responsible for notifying IXA of any change to his or her contact details.
32.    The Customer must not transfer, assign, sell or share his or her rights or obligations under this agreement, except as authorised by IXA in writing.
33.    If IXA fails to enforce strict performance of any provision of this Agreement it will not be assumed to have waived the performance of the provision.
34.    The parties submit to the law of Victoria, Australia in relation to the interpretation of this Agreement, or any dispute arising out of it.
35.    Although IXA’s DSL services are available to 91% of Australians, the availability and continuation of DSL services are subject to technical and other conditions. Certain products may be incompatible with DSL services. It is the customer’s responsibility to follow up with Telephony companies or other providers of home services if it is found they are “ Incompatible with DSL services”.
36.     IXA reserves the right to disconnect or separate into a separate pool the users that stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period)