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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.
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