Terms and Conditions
End User License Agreement
In order to activate your Service, you must accept the following terms and conditions, which are binding on any use of the Service and apply to the End User from the time that you first access to the service.
1. Commencement and Term
This Agreement begins when your System is activated on the CMS platform for the first time. If your connection to our System is for a fixed term, this agreement will continue for the duration of that fixed Term. If you terminate this agreement before the end of that fixed Term you may have to pay early termination charges. You may obtain details of any early termination charges by referring to your application form or by contacting Customer Services.
Your Service includes use of a Mako Firewall, Firewall Software, and access to the Central Management Server (CMS). Your Mako Firewall CPE is a part of the service we provide you, and we will replace or repair it in the event of a problem. However, we are not responsible for accidental loss or damage done to the Mako Firewall while it is in your possession. It is your responsibility to insure any hardware associated with the System or Service for its full replacement value, and in addition, you will be required to pay for all monthly charges up to the time you notify us of the loss or theft and your connection device is deactivated. If you are uninsured and/or choose not to replace any hardware, you will be liable for the replacement and service charges.
If your connection device is stolen or you lose it, you must contact us immediately so that we can disable it. You will be responsible for all charges associated with the use of your connection device, whether to us or to any third parties involved in the transfer up to the time you advise us of its loss or theft and we have confirmed to you that it has been disabled.
Your Firewall Software is designed to provide you protection from unwanted access to your local area network (LAN) facilities from the Internet. Through the appropriate use of the PCI Template, accessed and configured through the Central Management System, you will able to configure and apply rules that will secure cardholder data transmitted and received from your LAN to your payment providers consistent with the guidelines recommended by the PCI Security Council. However, only you can apply this template and attest that you have met the requirements.
While we will use our best effort to provide uninterrupted access to the CMS, because of the nature of Internet services it is impossible to guarantee fault-free access to our Central Management System (CMS). The quality of the Services depends partly on your network and equipment, partly on our network and partly on other telecommunications networks to which both yours and our network is connected or connects. Services can be adversely affected by radio interference, weather, atmospheric conditions, network congestion, maintenance, outages on other networks and operational or technical difficulties which means that you may not receive some or all of the Services at certain times. Services can also change with network expansion or reconfiguration.
You agree to follow our instructions about the use of the Services and ensure that everyone who uses the System also meets your responsibilities when using it. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such uses of the System and Services. You agree not to use your connection device or the System or Services for any abusive, illegal or fraudulent purpose.
We can require you at any time to stop using your System or Services if we believe that it could cause any interference or you may have used it to deliver inappropriate material across the Internet. Using or agreeing to use the System or Services does not give you any rights in any part of the System or Services. You agree that if you do not use our System or Services in accordance with these conditions we may restrict or suspend your use of the System or Services.
You agree that we can collect information about you. You may ask to see personal information we have about you and ask us to correct any information that is not correct. You agree that we and our Agents may hold personal information about you, including information about your use of the Services we provide and the services provided by third parties. To provide, maintain and improve the System and Services, we can monitor your network and store information from it. Some personal information can be shared with other Network Operators so we can send and receive internet traffic and to monitor or investigate fraud. We may also provide your personal information to public sector agencies in order for them to investigate an offense. We may also need to give personal details to emergency services. Subject to any rights you have under the Privacy Act 1993, we will not be liable to you, or anyone else, for:
- the content or lack of confidentiality of any Services you use;
- any disclosure that we must make by law or are requested to make by a public sector agency.
4. Suspending Services
You may discontinue your connection to our network or give up any Service at any time by notifying Customer Services or giving us or our agents at least one calendar month’s written notice. In this event, your connection to the System or the particular Service will be disconnected one calendar month after receiving your notice and this shall be the date of disconnection. If you request us to disconnect your connection to the Services, you must pay us in full for:
- any early termination charges (if they apply);
- all Charges incurred until the date of disconnection; and
- any outstanding Charges and other moneys payable by you for the Services.
- We can suspend or restrict use of any or all of the Services or disconnect your connection without telling you if:
- you do not pay any outstanding monies owed to us by the due date;
- a receiver, manager and receiver, an administrator appointed under a voluntary administration, or statutory manager is appointed over any or all of your assets;
- a resolution for liquidation is proposed or passed or proceedings to liquidate you are filed or presented;
- you do not remain connected to the System or Services for more than 30 days;
- you do not keep to the terms and conditions in this Agreement;
- you use the System or Services for abusive, offensive, malicious or nuisance communications (including the transmission of spam);
- you use any of the System or Services in an offensive way;
- we suspect you of using the connection device or the Services for any illegal or fraudulent activity;
If we suspend or restrict use of any or all of the Services in terms of the above, all Charges for any Services will be payable by you in accordance with this Agreement and you must return any equipment you have from us or any of our agents.
5. Notices and Variations of Charges and Terms
We will send you notices and other documentation to the last known address, fax number or email address you have given us. We may elect to send you a text message or leave a voice message on your mobile phone number you have given us directing you to contact our Customer Services or visit our website.
We reserve the right to increase/decrease or remove any of our charges and/or benefits from time to time and/or introduce new charges from time to time. If we increase our charges or introduce new charges, we will give you not less than 14 days prior notice. We may amend or replace these terms and conditions from time to time.
The amended or replaced terms and conditions will then apply to the Services. We will tell you about this by posting the amended or replaced terms and conditions on our website. Please check this regularly. You will be bound by the amended or replaced terms and conditions even if you are unaware of the amendments or replaced terms and conditions. Please ask Customer Services at any time for a free copy of our current terms and conditions.
6. Limitation of Liability
We exclude any liability of any kind (including loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have had) arising from:
- your connection to any telecommunications network;
- the supply of, or failure, interruption or delay in the supply of any of the System or Services or any part of them or any negligence in this regard;
- the fitness of all or any of the System or Services for any particular use;
- the fitness of all or any of the System or Services for any particular purpose;
- any other matter which relates to this Agreement.
We have certain obligations towards other Network Operators and our suppliers. Those persons (and their officers, employees, contractors and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind whatsoever from the Services we provide or from your use of those Services and our network, including (without limitation) your access to use of any Network Operator’s networks. This paragraph creates an obligation that other Network Operators and/or the suppliers can enforce, whether as a defense or otherwise.
If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
8. Force Majeure
We will not be liable for any delay or failure of the System or Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labor, materials, equipment or energy or any other event beyond our control.