Global Roaming - Terms and Conditions

Terms and Conditions for the Provision of a Daltron Internet Global Roaming Account.

1 - The "Agreement" means these Terms and Conditions.

"Business Customer" is an Daltron customer who has been granted a 30 Day Credit Account by Daltron, having agreed upon DaltronStandard Terms and Conditions for the Supply of Goods and Services.

"Credit Card Customer" is a Daltron customer who has registered as a Customer through payment by credit card.

"Global Access Network" means a network comprising i-Pass servers, Daltron's servers and the servers of each of the other i-Pass Alliance Members which, through the Internet, provide to Subscribers interconnectivity as among each other and to the Internet generally.

"i-Pass Alliance Member" means an Internet service provider which has contracted with i-Pass to provide i-Pass Alliance Services and "i-Pass Alliance Membership" means all of them.

"i-Pass Alliance Services" means those Internet Services made available to Subscribers through the Global Access Network.

"Daltron" is Daltron Electronics Limited , trading as Daltron, and its subsidiaries, employees, officers, agents and affiliates.

"Subscriber" means a Person approved by Daltron to access i-Pass Alliance Services.

2 - Terms and Conditions

These terms and conditions are the terms on which Daltron provides i-Pass Alliance Services to Subscribers, modified by any written contract between Daltron and a Subscriber in any particular case. The terms so modified constitute an agreement in its entirety and supersede prior agreements related to the provision of i-Pass Alliance Services to Subscribers. Daltron may modify these terms as applying to any agreement, the pricing structure for the i-Pass Alliance Services or the terms of operation by general notice on a page of the Internet referred to on the Daltron Home Page, and any use after that publication will constitute an acceptance of that modification.

3 - Charges

A - Business Account Customers

A Subscriber who is a Business Customer of Daltron must pay for all i-Pass Alliance Services time charges, minimum charges, and other amounts incurred by the Subscriber or its designated Users or incurred as a result of any use of the Subscriber's password (whether authorised or not) in accordance with Clause 6 of the Daltron Standard Terms and Conditions previously agreed to by that Subscriber.

B - Credit Card Customers

A Subscriber who is a Credit Card Customer of Daltron must pay for all i-Pass Alliance Services time charges, minimum charges, and other amounts incurred by the Subscriber or its designated Users or incurred as a result of any use of the Subscriber's password (whether authorised or not) in accordance with account payment procedures pertaining to Daltron credit card customers.

4 - Security Deposits

Daltron may require the payment of a security deposit before providing access to the i-Pass Alliance Services, or as a condition of continuing to provide access to the i-Pass Alliance Services, and may use the security deposit to meet any costs, loss or liability incurred by the Subscriber. When the Subscriber has fully performed his or her obligations, Daltron shall return the outstanding balance of the security deposit, without interest, to the Customer.

5 - Publication at Subscriber's Risk

The Subscriber accepts responsibility for all information and material issued by the Customer over the i-Pass Alliance Services, and indemnifies Daltron against any liability in relation thereto. In particular the Subscriber undertakes that it shall not publish or issue any information which is illegal. The Subscriber also acknowledges that Daltron does not vet or approve any information or material available through any service and that Daltron does not accept any liability. To the full extent permitted by law the Subscriber accesses and uses such information and material at his or her own risk.

6 - Provision of i-Pass Alliance Services

The Subscriber expressly agrees that use of the i-Pass Alliance Services, which includes contents thereof and any storage or use of information, is at the Subscriber's sole risk. Neither Daltron nor any of its information providers, licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does Daltron nor any of its information providers, licensors, employees or agents make any warranty as to the results obtained from use of the i-Pass Alliance Services.

7 - Daltron Global Roaming Product Support

The Daltron Technical Support team undertake the following policies when supporting the Daltron Global Roaming Service:

Will not support customers unless they have an established working Daltron Connection before they leave Papua New Guinea;

Cannot be responsible for the reliability of other ISP networks and communication phone lines of other countries;

Customers' hardware must be compatible with the telecommunications network of the country from which they are attempting access;

Daltron cannot guarantee a connection outside of Papua New Guinea. Daltron will, however, make every reasonable effort to try and get you connected while in another country.

8 - Foreign Laws

The Subscriber accepts responsibility that all hardware and software used whilst accessing the i-Pass Alliance Global Access Network is compliant with the laws and regulations pertaining to the country in which they access the service.

9 - Exclusion of Liability

Except as provided in Clause 10, Daltron is not liable to the Subscriber or another person for:-

a) any cost, loss or liability (including loss of profit or other consequential damage) arising from the supply or failure or delay in supplying the i-Pass Alliance Services;

b) the content, context or confidentiality of any communications made using the i-Pass Alliance Services.

10 - Limitation of Liability

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of the i-Pass Alliance Services are excluded and Daltron will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of the i-Pass Alliance Services. Where any legislation implies a term or warranty that cannot be excluded, then that implied term, condition or warranty will be deemed to be included in any agreement. However, Daltron's lia bility for any breach of any implied term, condition or warranty will be limited in any way permitted by that legislation as selected by Daltron at the time of satisfaction of such liability. In particular, where so permitted liability will be limited to: the supplying of those i-Pass Alliance Services again or the payment of the costs of having those i-Pass Alliance Services supplied again.

11 - Extension of Exclusion and Limitation to Other i-Pass Alliance Members

The Subscriber acknowledges that some or all of the i-Pass Alliance Services will be provided to the Subscriber by other i-Pass Alliance Members. The Subscriber acknowledges and agrees that each i-Pass Alliance Member shall be entitled to the benefit of clauses 9 and 10 of the Agreement as if it was Daltron. Daltron holds the benefit of this Clause for such organizations.

12 - Breaches

The Subscriber shall indemnify Daltron against any loss (including any loss of profit) incurred by Daltron as a result of any breach of the terms of this Agreement (including termination under Clause 13) and the date on which the Subscriber was entitled to terminate such agreement in accordance with its terms.

13 - Termination

Daltron may immediately terminate the Agreement if:-

a) the Subscriber breaches any term of the agreement (including terms related to payment or use);

b) Daltron forms the opinion in good faith that the Subscriber is or may be insolvent.

All outstanding charges shall become immediately payable on giving of such notice and in no circumstances shall the Subscriber be entitled to any refund of payments made under this Agreement.

14 - Suspension of Service

Daltron may from time to time without notice suspend the i-Pass Alliance Services or disconnect or deny the Subscriber access to the i-Pass Alliance Services:

a) during any technical failure, modification or maintenance involved in the i-Pass Alliance Services provided that Daltron will use reasonable endeavours to procure the resumption of the i-Pass Alliance Services as reasonably practicable; and

b) if the Subscriber fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in Daltron's opi nion may have the effect of jeopardising the operation of the i-Pass Alliance Services.

Notwithstanding any suspension of the i-Pass Alliance Services under this Clause the Subscriber shall remain liable for all charges due throughout the period of suspension.

15 - Information Received

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information which they receive through the i-Pass Alliance Services in any way which is competitive with the i-Pass Alliance Services.

16 - Assignment

The Subscriber cannot assign its rights under this Agreement without the prior written consent of Daltron (which will not be unreasonably withheld).

17 - Governing Law

This Agreement is governed by the laws of Papua New Guinea and the parties submit to the jurisdiction of the Papua New Guinea courts.

Top of Page