Terms & Conditions.

Garth Weiley Coastal IT Solutions Terms & Conditions.

Last Updated: 1st November 2021

By signing up with Garth Weiley Coastal IT Solutions (now referred to as CITS), you agree to ongoing monthly auto-payments (you can cancel the month-to-month service anytime with 30 days’ notice), you agree to pay for the month in advance with no refunds for any unused portion of a single month and you have read and agree to all of the below Terms and Conditions.

Force Majeure Event

CITS shall not be liable for any default or delay in the performance of its obligations which is due to a Force Majeure Event.

Privacy

CITS does not disclose your personal information to any parties outside CITS, except as required by law or by domain registrars to process your domain application. CITS will not release, make public or sell your personal information to a third party, unless written permission has been given to us by you requesting us to do so, or unless we are required to do so by Australian law with the correct jurisdiction.

Additionally to the above, this Pinch Payments Privacy Policy applies to all direct debit payments and this eWay Privacy Policy applies to all credit card payments through CITS.

Our Terms and Conditions

1. Payment Terms:

1.1. By accepting these Terms and Conditions you agree to an ongoing automatic payment via Credit Card, Debit Card, Direct Debit or PayPal.

1.2. Transaction fees will be charged via payments made using credit card, debit card, direct debit, or PayPal.

1.3. Direct Debit, Credit Card or Debit Card recurring payments will happen automatically each month unless you choose a different payment method. By making payment with a card, you authorise us to automatically bill you each month through our secure token-based gateway, EWAY or unless you’ve opted in to credit card payments via Pinch Payments.

1.4. If you choose PayPal as your payment method, you will need to select the "PayPal Subscribe" option for recurring payments to happen automatically each month.

1.5. If we agree to accept any other payment type, such as: Cheque payments, these will incur a $2 processing fee per transaction. If you prefer not to have any transaction fees, please contact us to arrange approval to pay via EFT (electronic funds transfer).

1.6. Overdue invoices may incur a $15.00 (+GST) admin fee. In the event of any service being suspended due to non-payment, an additional $10.00 reconnection fee will also be payable before the service is unsuspended. In the event of a service being cancelled due to non-payment, all outstanding invoices are due and payable in full, and for any reconnections, a $99 (inc GST) setup fee will apply.

1.7. CITS's aim is to reduce costs as far as possible. This is largely done through automating our processes.

2.  Payment in Advance:

2.1. Ongoing fees are charged in advance (at the beginning of each month) and cancellations occur at the end of the monthly period.

2.2. No refunds will be made for any unused portion of a single month (even if it is just 1 day). CITS have no long-term contracts (unless otherwise specified for specific service options) and operate a Month-to-Month service, we invoice you 15 days in advance and require a 30 day notice period of cancellation.

2.3. A month is considered as the smallest term of service and will be charged in full regardless of the number of days used in that month.

2.4. Monthly service fees (eg. your plan fee) are charged in advance and usage related items (non-included calls, excess SMS, excess mobile data etc.) are billed in arrears.

For example: A bill issued on 1st January will have monthly service charges for 1st - 31st January and any usage related charges from December.

3. Cancellation Terms:

3.1. CITS operates Month-to-Month services. Either the Client or CITS may terminate the agreement, or a particular Service, by giving 30 days’ notice to the other. For example, if notice is given 30 days or more before the Next Due Date, termination will take effect on the Due Date. However, if notice is given less than 30 days before the Next Due Date, or just after the Due Date, the following month will be due in full.

3.2. A cancellation request for any Sonic Internet, Sonic Mobile, Sonic ADSL Broadband, Web Hosting, Email Hosting, Dedicated Server or Virtual Private Server Hosting, Co-location or Domain Name Registration service (unless the domain expires prior) must be received with 30 days’ notice,

via our Client Area: https://portal.sonicnet.net.au/index.php?rp=/login

via Email (using an email address listed as a contact on your account) to support@sonicnet.net.au

via the Contact Form on our website https://portal.sonicnet.net.au/contact.php

3.3. If we receive no cancellation request from you, either through the client area, via email (using an email address listed as a contact on your account) to support@sonicnet.net.au or completing the contact form on our website, your account will remain active and payable until such time as we do receive a formal cancellation.

3.4. Your service may be suspended due to non-payment even though your account is still active. It is agreed that the service will not be cancelled until you notify us using one of the above contact methods. To put it simply, we do not know if you want the service cancelled until you formally inform us via one of the 3 methods above.

3.5. In the event of any service being suspended due to non-payment, a minimum $10.00 (inc GST) reconnection fee will be payable before the service is unsuspended. In the event of a service being cancelled due to non-payment, all outstanding invoices are due and payable in full, and for any reconnections, a minimum $99 (inc GST) setup fee will apply.

3.6. CITS offer no long-term contract, only month to month services unless specified.

3.7. Your account will remain Active with all invoices owing in full, regardless of whether a service is suspended until such time as you have sent a formal cancellation request.

3.8. For a cancelled service, the final invoice/s are due in full. No part-refunds or full-refunds will be provided by CITS for the final month for any cancelled service. Failure to give cancellation notice of the service at least 30 days before the next invoice's Due Date, or if the service is still active for part of the following month after cancellation has been requested, will result in an additional invoice being generated. After your cancellation request is received this invoice will become the final monthly payment that is due in full.

3.9. If you selected the "PayPal Subscribe" option as your method of payment, and you cancel your service with us, it is up to you to cancel the Subscription in your PayPal Login to end any ongoing Subscription Payments.

3.10. If an incorrect domain name is ordered or an error is made during the order, a cancellation request for the new Domain Registration must be completed via the form https://sonicnet.net.au/support within the first 2 days of registration. There is no guarantee we can fulfil the cancellation with the applicable Registry; however, we will do all we can to get a successful cancellation and refund. If a cancellation is not possible, then there will be no refund for your domain.

3.11. Cancellation, by the Client or CITS, will result in any data being permanently removed from CITS servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any data stored within their hosting space. CITS will not be liable for loss of data or be obliged to provide any such data once the hosting has been cancelled or expired. Any backups made by CITS will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request. Please see our separate Hosting Terms & Conditions.

3.12. Any breach by Applicant of the Terms and Conditions contained herein, including but not specifically limited to the payment terms, CITS has the right to immediately demand compliance forthwith with all the Terms and Conditions and demand full payment of any amounts owing, including any recovery fees incurred by CITS. Alternatively, and whilst not forfeiting any legal rights owing to CITS, to terminate the services and this agreement forthwith.

4. Financial hardship

4.1. If you find yourself in an unforeseen situation, such as a natural disaster like fire, flood or drought, a death in the family, sudden illness, sudden unemployment, or other causes please let us know by contacting us as soon as you are able to. Please see our Financial Hardship Policy for further details.

4.2. How can we assist you?

4.2.1. We will work with you on a case-by-case basis to determine if we can help you through your situation if you are struggling to meet your current financial commitments:

4.2.2. i). Please see our Financial Hardship Policy for further details.

4.3. Please call or email us anytime:

1300 37 37 33 or (02) 4063 1900

support@sonicnet.net.au

4.4. Where can I get more help?

National Debt Helpline: 1800 007 007 (minimum opening hours are 09:30 to 16:30 Monday to Friday, Australia wide).
St Vincent de Paul Society, Salvation Army, and Anglicare.

5. Customer Complaints Policy

5.1. CITS attempts to resolve any service or billing issues as quickly as possible. Please use the contact methods in 4.3 above to notify us that there is a problem.

5.2. To review our full complains handling process please see our Complaints Policy on our website at https://sonicnet.net.au/legal

6. Hosting Terms:

6.1. CITS hosting services are governed by our Hosting Terms & Conditions.

6.2. The CITS Applicant hereby:

6.2.1. acknowledges all CITS prices are in Australian Dollars (AUD) and all prices are inclusive of GST.

6.2.2. acknowledges all statements made in this application are confirmed to be true and correct by the Applicant. CITS reserves the right to request further proof.

6.2.3. any disputes arising in relation to this application shall be governed by the applicable Australian laws.

6.2.4. CITS expressly limits its damages to the Applicant for any down time or non-accessibility time to the pro-rata monthly charge during the system unavailability. CITS specifically denies any responsibilities for any damages arising because of such unavailability.

6.2.5. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

6.2.6. agrees to not use your requested domain name(s) until you have received confirmation of registration as we do not warrant or guarantee that the domain name you ordered will be registered until this confirmation is received.

6.2.7. The relevant naming authorities control both the registration of the domain name and its ongoing use according to their terms and conditions of use. It is your responsibility to ensure that you comply with them and are aware of their terms and conditions.

6.2.8. Confirms that the registration or use of the Domain Name by Applicant does not infringe nor interfere with the rights of any third party in any jurisdiction with respect to trade name, service mark, close corporation name, company name, copyright, trademark nor any intellectual property right, and that Applicant has the right to use the Domain Name as requested.

6.2.9. accordingly indemnifies CITS against any loss whatsoever arising from any claim or dispute occasioned by the Applicant’s registration and use of its selected Domain Name, even if CITS has been advised of the possibility of such damages.

6.2.10. you indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs, or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

6.3. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults, or errors in the supply of the service.

6.4. CITS in no way supports, encourages, promotes, or hosts any materials which are deemed to be offensive or illegal. This includes pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and Hate propaganda. CITS will not host websites offering a technology, device, service, product, component, or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e., ModChips.

6.5. CITS reserves the right to host any materials and may, at its will and at any time, reject this material, including but not limited to any time after it has been put on CITS's server(s). CITS will afford the Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of CITS. As directed by CITS, if the Applicant fails to modify the material, within a reasonable period, the Agreement shall be deemed terminated.

6.6. Applicant certifies that they are 18 years or older, have full contractual capacity and are duly authorised by the Applicant to contract on Applicant's behalf.

6.7. CITS has zero tolerance for the use of their services for the sending of Spam or unsolicited email. This will result in immediate suspension and legal action.

6.8. Applicant may cancel their Web Hosting service with CITS within the first 30 days from this application and CITS will refund all money paid to us for that specific service. The cancellation request for the Web Hosting service must be completed via the form https://sonicnet.net.au/support during the first 30 days from this application.

6.9. For any web hosting migrations, CITS may assist moving files from an old host's servers to CITS's servers as a gesture of goodwill. CITS recommends involving a professional web designer or web developer for such tasks and as such CITS specifically denies any responsibilities for any damages arising because of us assisting in moving your website files to our servers. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs, or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your website migration.

7. Backups:

7.1. Clients are solely responsible for backing up their data and CITS strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. CITS will not be liable for any data loss, or any other losses or damages related to backups or data recovery without exception.

7.2. CITS may, in some instances, offer a separate backup service in conjunction with your hosting service, and will either make such backups available to Clients through the cPanel or on request as and when they are available. However, CITS does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

7.3. Clients are ultimately responsible for their own data, and CITS strongly encourages such Clients to download a copy of their backups from cPanel regularly and/or continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

7.4. CITS also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by CITS by instruction from Clients or by Clients themselves.

7.5. CITS will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

8. Domain Names:

8.1. The following Domain Name Suppliers' Code of Practice are applied by the relevant registrars for the following domains:

.au domains Code of Practice

ICANN's Registrants' Benefits and Responsibilities

9. NBN Broadband and ADSL Broadband Terms:

9.1. CITS provides internet services on CITS's and its Supplier's infrastructure on behalf of its Applicants ("Applicant"). These terms and conditions apply to NBN Broadband and ADSL Broadband services offered by CITS, known as Sonic Internet.

9.2. End User Agreement:

9.2.1. For ADSL services we are only able to provide an ADSL service if the End User has, and continues to use, a Qualified Telephone Line over which Telstra or a reseller of Telstra supplies a Standard Telephone Service. Connection of the Service will mean that Incompatible Products from our Supplier or other service providers will not be supplied on that Qualified Telephone Line.

9.2.2. If any Incompatible Products are being used, we may not supply the ADSL or NBN service on the relevant Qualified Telephone Line.

9.2.3. Installation and operation of a Monitoring Service may cause temporary disruption to an ADSL or NBN service.

9.2.4. Where the End User has, or is acquiring, a Monitoring Service the End User may need to install additional equipment (this equipment is not at CITS's cost or its Suppliers' cost and CITS or its Suppliers have no responsibility for this equipment) to be able to receive the ADSL or NBN service.

9.2.5. CITS or its Suppliers may at any time change the method of delivery of the NBN or ADSL Broadband service.

9.2.6. During a transfer of an ADSL Tail Circuit to CITS there may be a brief period when the DSL service is interrupted. CITS and its Suppliers are not liable for any interruption or delay in the transfer process.

9.2.7. During a transfer of an NBN service to CITS there may be a brief period when the NBN service is interrupted. CITS and its Suppliers are not liable for any interruption or delay in the transfer process.

9.2.8. CITS has no way of knowing if we can achieve a successful ADSL or NBN connection until provisioning is attempted. An active phone line is needed before we can provision an ADSL service and some NBN services, however there is a chance ADSL will not be possible over that line. And for NBN, the necessary infrastructure at the carrier level needs to be in place before we can provide an NBN service.

9.2.9. You agree to not hold CITS liable for any expenses occurred by its own suppliers, by the NBNCo or by any other third party providers if provisioning is not successful. This may be due to any infrastructure limitations, including network shortfall, length or quality of copper or any other infrastructure limitations.

9.2.10. If no Broadband service can be connected due to limitations with CITS or its Suppliers and Carriers infrastructure, we will refund the service fee already paid to us by you.

9.2.11. Neither CITS nor its Supplier (which may be referred to as a Carrier or Supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service regardless of the cause of delay. Neither will we be liable for incorrect information, whether it is intentionally or unintentionally, supplied to us by the End User or anyone acting on the End User's behalf.

9.2.12. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs, or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

9.2.13. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults, or errors in the supply of the service.

9.2.14. CITS makes no guarantees for any of its broadband speeds delivered. Whilst we will attempt to deliver our stated speeds within the limitations of our suppliers, it is to be understood this is an industry standard on explaining the upload and download speeds attainable, but very rarely achieved. This is affected by many factors, some of which are: connection method, content, source of content, number of users using the same connection, end users’ network and/or equipment and/or connections to the local exchange, distance from the local exchange.

9.2.15. CITS makes no guarantees for any of its broadband supply. We will only receive certain information from the carriers once provisioning has begun with a service. In some cases, it may mean we cannot supply broadband, and we will notify you. However, neither CITS nor its Supplier is liable for any financial loss due to this process.

9.2.16. CITS makes no guarantees for any of its broadband supply. We will only receive certain information from the carriers once provisioning has begun with a service. This is based on the information provided to us by you the End User. If incorrect information or missing information or any information regarding a property's address is withheld or not supplied to us intentionally or unintentionally, neither CITS nor its Supplier is liable for any financial loss due to this process, or due to the connection being connected at the incorrect location.

9.2.17. The End User must comply with the Acceptable Usage (9.2.19.). CITS or its Suppliers have certain obligations to assist law enforcement, Regulators, and other agencies with internet services. We may immediately suspend or terminate an NBN or ADSL Broadband service if any of the events specified in this Agreement occur, and whether this occurs, the End User remains liable for the use of the service.

9.2.18. Downloads and Uploads both count towards your Monthly Broadband Data Allowance. For ADSL once your Monthly Data Allowance is reached your speed will be slowed to 256Kbps. You have the option to remain at the slow speed until the end of the billing period when your quota is reset, or top-up your data if you think you will run out, or upgrade to the next plan.

9.2.19. Acceptable Usage (not limited to the below):

9.2.19.1. The Customer warrants that it will not use, or attempt to use, a Service: 1). to break any law or to infringe another person's rights, including violation of Intellectual Property laws including materials protected by local and international copyright, trademarks, and trade secrets; 2). that results in the sale, transmission, or distribution of pirated or illegal software; 3). that results in copyright abuse, copyright infringement or unauthorised distribution of copyrighted software or material; 4). to expose CITS or its suppliers to liability; 5). to transmit, publish or communicate material, which is defamatory, offensive, abusive, indecent, menacing, or unwanted: or 6). in any way which damages, interferes with or Interrupts the Service, the Sonic Internet Network, or a Supplier Network.

9.2.19.2. Any violation of local and international laws.

9.2.19.3. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with CITS on behalf of another subscriber without their consent.

9.2.19.4. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

9.2.20. CITS may ask the Customer to stop acting or failing to act in a manner which CITS reasonably believes is contrary to any of 9.2.19. or otherwise. The Customer will as soon as reasonably practicable (but in any case, within one Calendar Day) comply with any such request. If the Customer does not, then CITS may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with 9.2.19. including suspending or cancelling the entire Service.

9.2.21. Whether or not CITS supply you with a Modem/Router it should be plugged into a surge protection power-board. CITS does not cover any hardware loss from power spikes in electricity or any hardware loss from lightning in your area. Service Terms for CITS supplied hardware may allow for hardware replacements, at CITS's sole discretion, within the first year.

9.2.22. This agreement and indemnities relate to CITS and our third-party Suppliers and may be exercised by them, as we may use third party Suppliers to provide any part of our services. Nothing in this agreement entitles you to make any claim against a third party. The words "our", "us" and/or "we" may be interpreted to include a third party.

10. NBN FTTN and FTTB Broadband - Special Terms:

10.1. We really don’t like having to add terms like this and it only applies to FTTN (Fibre to the Node) or FTTB (Fibre to the Basement) - it does not apply to standard FTTP (Fibre to the Premises) or Wireless NBN.

10.2. End User Agreement:

10.2.1. "I confirm that Installation Consent is given for my FTTB/FTTN Installation in respect of any affected existing Voiceband Service and/or Non-Voiceband Service being supplied over the NBN™ Copper Pair at my Premises.”

10.2.2. There may be additional activation fees (charged by NBN™) for an FTTN or FTTB installation. NBN™ charge this and we have no way to avoid these additional fees. An example is NBN™ New Development Charge (approx. $300).

10.2.3. With FTTN and FTTB, existing Voiceband/PSTN services connected to your premises on the copper may cease.

10.2.4. Please also be aware that back-to-base alarms and medical alarms will no longer work and are not supported on FTTN and FTTB NBN connections.

10.2.5. NBN are recommending a central splitter. They have advised if any faults arise due to “no" central splitter being fitted then hefty fees will be on-charged by the NBN™. You may require a registered cabler to connect these to your NBN™ service. This means that you will be responsible for the cost of any such cabling work.

11. Mobile Terms:

11.1. CITS provides mobile voice and data services (known as Sonic Mobile) on CITS's and its Supplier's infrastructure on behalf of its Applicants ("Applicant"). These terms and conditions apply to all Mobile services offered by CITS.

11.2. End User Agreement:

11.2.1. CITS or its Suppliers may at any time change the method of delivery of the Mobile service.

11.2.2. During a port (or transfer) of an existing Mobile number to CITS there may be a brief period when the Mobile voice and data service is interrupted. CITS and its Suppliers are not liable for any interruption or delay in the transfer process.

11.2.3. You agree to not hold CITS liable for any expenses occurred by its own suppliers or by any other third party providers if provisioning is not successful. This may be due to any infrastructure limitations.

11.2.4. If no Mobile service can be connected due to limitations with CITS or its Suppliers and Carriers infrastructure, we will refund the service fee already paid to us by you.

11.2.5. Neither CITS nor its Supplier (which may be referred to as a Carrier or Supplier to you) is liable to the End User in any circumstances (including in negligence) in relation to any Service supplied to the End User, any delay in supplying the Service or any failure to supply the service regardless of the cause of delay. Neither will we be liable for incorrect information, whether it is intentionally or unintentionally, supplied to us by the End User or anyone acting on the End User's behalf.

11.2.6. You indemnify us, and will keep us fully indemnified, from and against any losses, damages, costs, or expenses (including legal costs assessed on a solicitor client basis) which we may suffer or incur arising out of or in connection with an action or claim brought by any entity against us which relates to your use of the service.

11.2.7. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults, or errors in the supply of the service.

11.2.8. CITS makes no guarantees for any of its mobile data speeds delivered.

11.2.9. CITS makes no guarantees for any of its Mobile voice or data supply. We will only receive certain information from the carriers once provisioning has begun with a service. In some cases, it may mean we cannot supply Mobile services to you. We will notify you should this be the case. However, neither CITS nor its Supplier is liable for any financial loss due to this process.

11.2.10. CITS makes no guarantees for any of its Mobile service supply. We will only receive certain information from the carriers once provisioning has begun with a service. This is based on the information provided to us by you the End User. If incorrect information or missing information or any information regarding personal details is withheld or not supplied to us intentionally or unintentionally, neither CITS nor its Supplier is liable for any financial loss due to this process, or due to a problem with the connection of the service.

11.2.11. The End User must comply with the Acceptable Usage (9.2.19.). CITS or its Suppliers have certain obligations to assist law enforcement, Regulators, and other agencies with internet services. We may immediately suspend or terminate a Mobile service if any of the events specified in this Agreement occur, and whether or not this occurs, the End User remains liable for the use of the service.

11.2.12. Downloads and Uploads both count towards your Monthly Broadband Data Allowance. Once your Monthly Data Allowance is reached your Mobile data will be charged at the rate of $10 (inc GST) per 1 GB block. You have the option to suspend your mobile data until the end of the billing period when your quota is reset. Voice services will continue to work once data limits have been reached. Please see your plan Critical Information Summary for further details.

11.2.13. Acceptable Usage (not limited to the below):

11.2.13.1. The Customer warrants that it will not use, or attempt to use, a Service: 1). to break any law or to infringe another person's rights, including violation of Intellectual Property laws including materials protected by local and international copyright, trademarks, and trade secrets; 2). that results in the sale, transmission, or distribution of pirated or illegal software; 3). that results in copyright abuse, copyright infringement or unauthorised distribution of copyrighted software or material; 4). to expose CITS or its suppliers to liability; 5). to transmit, publish or communicate material, which is defamatory, offensive, abusive, indecent, menacing or unwanted: or 6). in any way which damages, interferes with or Interrupts the Service, the Sonic Mobile Network, or a Supplier Network.

11.2.13.2. Any violation of local and international laws.

11.2.13.3. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with CITS on behalf of another subscriber without their consent.

11.2.13.4. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

11.2.14. CITS may ask the Customer to stop acting or failing to act in a manner which CITS reasonably believes is contrary to any of 9.2.19. or otherwise. The Customer will as soon as reasonably practicable (but in any case, within one Calendar Day) comply with any such request. If the Customer does not, then CITS may, in its absolute discretion and without liability, take any steps reasonably necessary to ensure compliance with 9.2.19. including suspending or cancelling the entire Service.

11.2.15. CITS does not cover any hardware loss relating to their Mobile services.

11.2.16. This agreement and indemnities relate to CITS and our third-party Suppliers and may be exercised by them, as we may use third party Suppliers to provide any part of our services. Nothing in this agreement entitles you to make any claim against a third party. The words "our", "us" and/or "we" may be interpreted to include a third party.

12. Terms and Conditions - Subject to Change

12.1. Our Terms and Conditions may change and need updating from time to time without notice to the client. By using our services, you hereby undertake to familiarise yourself with changes made to the Terms, and thereby indemnify CITS from claims arising from misunderstandings or ignorance on the part of you (the client) arising from such amendments. Any such changes will be made available on our Terms and Conditions page on our website.

12.2. Continued use of our service/s and products expressly binds clients tacitly to the current Terms and Conditions.

12.3. CITS may vary or terminate this agreement (the service/s supplied to you by CITS) at any time by giving you "the Customer" 21 days written notice. Written notice will be via an email to the current Primary Contact (listed under "My Details" in the client area https://portal.sonicnet.net.au/clientarea.php) which is nominated by the Customer during signup or edited in the client area by the Customer after signup.

12.4. CITS reserves the right to act against any violation of our terms or acceptable use against any individuals, companies, or organisations if they engage in any illegal or unlawful activity while accessing CITS’s services, to the fullest extent of the law.

12.5. CITS reserves the right, at its sole discretion, to act against other types of abuse not listed in our terms or this document and to investigate or prevent illegal activities being committed over our network.

12.6. CITS reserves the right to cancel or reject a client's application for service if CITS deems it necessary.

12.7. CITS does not waive its right to enforce our terms or acceptable use at any time, or prejudice its right to take subsequent action, should we fail, neglect, or elect not to enforce a breach at any time.

Some customers you might know.