In order to become a reseller or user of any Xtreme’s services, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application or commencement of use of any Xtreme’s services, whichever occurs first. “We,” “us” “Xtreme” or “Waves’ – refer to Xtreme.com.au Pty Ltd, ACN 109 052 495 T/A Waves WiFi “Client,” “you,” “your,” “customer” or “user” – refer to the user of the service. “Service” – refers to all products and services offered by Xtreme from time to time, which you use. “Server” – refers to the computer server equipment operated by us in connection with the provision of the Services. “Supplier” – refers to third party software vendors.
The following terms and conditions apply to all contracts and provision of all Services. By utilising Xtreme’s services you are deemed to have accepted these terms and conditions and are bound by them.
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to Xtreme, and merchant services agreements between you and the relevant financial institutions
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
Xtreme will complete the cancellation process at the first available opportunity, however Xtreme acknowledges the date of lodgement of the cancellation request, as the first day of the 30-day written notice period. Any final funds/payments owed for services will be invoiced once the cancellation date has been put in place, in which all funds must be paid, and the account balanced before the final date of service. No refunds or credits will be issued for funds that have been pre-paid.”
If you exceed our payment terms, you may be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
We may change the terms and conditions of this Agreement at any time. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
If you (the customer) consist of more than one person then the liability of those persons in all respects under the Agreement shall be a joint liability of all of those persons and a liability of each of those persons severally.
In addition to general Account, Billing and Service communications, Xtreme will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by following 'unsubscribe' instructions contained within the communications.
Additional Terms and Conditions
By using our internet service, you hereby expressly acknowledge and agree that there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of the wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behaviour is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.
Examples of Illegal Uses
The following are representative examples only and do not comprise a comprehensive list of illegal uses:
Examples of Unacceptable Uses
The following are representative examples only and do not comprise a comprehensive list of unacceptable uses