Personal information

We usually collect personal information directly from you or from our record of how you have used our services. Sometimes we collect personal information from a third party if you have consented or would reasonably expect us to collect the information in this way, for example from publicly available sources such as websites or telephone directories, or the nbn™Co.

We do not collect personal information about you if you only browse this website. If you choose to use one of our tools such as submit a request or apply for a service using this website, your personal information will be collected and stored in our customer management systems for direct marketing purposes.

What kind of personal information do we collect?

For customers, we collect:

• Contact information such as a name, email address, mailing address, phone number
• Demographic information such as age and gender
• Billing information
• Preferences such as the way you wish to be contacted
• A fault history for your service

For people who are not our customers, we collect:

• Contact information such as a name, email address, mailing address, phone number

How we use personal information

For customers, we use your personal information for:

• Providing you with the service you have requested (eg, to fill an order, organise an appointment, send an invoice etc)
• Sending you newsletters or marketing communications
• Conducting research and analysis

For people who are not customers, we use your personal information for:

• Marketing communications such as emails or a phone calls

You have the right to opt-out of receiving marketing communications from us at any time.

We analyse non-identifiable website traffic data to improve our services.

Information sharing

We may need to share your personal information with third parties that we have contracted to assist in supply or improvement of services, such as to fix a technical fault. Other than these instances, we do not give information about you to anyone else unless:

• You have consented
• You’d expect us to or we have told you we will
• It is required or authorised by law
• It will prevent or lessen a serious and imminent threat to somebody’s life or health or
• The disclosure is reasonably necessary for law enforcement or for the protection of public

Information security

When we collect personal information directly from you, we follow industry standards to protect information submitted to us both while in transit and once we receive it. It is stored in our controlled customer management system, and our staff who are able to access this system receive training in privacy requirements.

No method of transmission over the internet, or method of electronic storage, is 100% secure and we cannot guarantee absolute security. If you have any questions about security on information, please contact us at sales@stech.com.au

Steele Technology issues monthly invoices by default which are due for payment within 7 business days of being issued. For customers paying by credit card or direct debit, your card or bank account will be debited the same days as the invoice is issued. We accept payment by Visa, Mastercard and Direct Debit from an Australian Bank account. For large business customers Due Date is usually within 30 days of invoice issued.

Direct Debit Service Agreement – The contracted plan with monthly payments in advance will be debited to the customer’s account upon connection. Any excess data charge if applicable will be included. Other charges including VoIP services, fixed phone or other additional services will be debited to the customer’s account as per the separate individual contract. The customer will be advised 14 days in advance of any changes to the credit card/direct debit arrangements.  For all matters relating to the credit card/direct debit arrangements the customer can call into the office, or contact via: Email: admin@stech.com.au or Phone: 1300 938 499 or on (02) 6852 3204

If you are in any doubt you should check your ledger financial institution before completing any drawing authority. It is your responsibility to ensure that sufficient cleared funds are in the nominated debiting account when the payments are scheduled to be drawn. If the due date for a payment falls on a non-working day or a public holiday, the payment will be processed on the next working day. For returned unpaid transactions the following procedures will apply: The customer will be emailed, telephone or have an SMS sent to advise that the payment has been rejected within 2 business days. If no response has been received within 2 business days, the customer’s account will be suspended until the matter has been resolved. Any costs associated with the return of unpaid transaction fee that our bank may charge to Steele Technology Pty Ltd will be charged directly to the customer. All customer records and account details will be kept private and confidential to be disclosed only at the request if the customer of financial institution in connection with a claim made to an alleged incorrect or doubtful debit.

LATE FEES

Any outstanding invoices will incur a 2% administration fee after 30days from Due Date, and every month thereafter until payment in full is received. To avoid Late Fees applied, we recommend utilising Direct Debit and Credit Card payment options.

We are committed to providing the highest level of service to you; however, we are not perfect, so we also want to make it as easy as possible for you to have your concerns heard and responded to. This summary outlines our commitments to you in the way we handle complaints. We understand that a complaint is an expression that something is unsatisfactory or unacceptable. This could be about our products, our services, our interactions or even the way we’ve handled a complaint itself. We understand that there is an expectation of a response or resolution.

What you can expect from us. Our aim is to provide you with an efficient, accessible, fair and transparent mechanism for handling your complaint. Ideally, we will attempt to resolve your matter immediately; however sometimes we may need to investigate it. In such instances, it may take a little longer, but we will tell you what we’re doing to resolve it within five working days. In complex issues we may need longer to resolve your complaint, but in such instances, we will aim to resolve it within fifteen business days and we will keep you updated on how it’s progressing. In the unlikely event that it will take longer than fifteen business days to resolve we’ll negotiate the timeframes with you.

How to contact us. Please contact us if you wish to register a complaint, raise a concern, log a fault, provide feedback on our staff, or simply if you have a question about our services or products. You can reach us on: Email: admin@stech.com.au | Phone: 1300 938 499 or on (02) 6852 3204

Office hours are currently Monday to Friday 9.00am to 5.00pm

External options. We think that our internal process will give you the most effective and efficient way to resolve your complaint; however, if you are not satisfied with our resolution or the way we’ve handled the matter, you can ask the Telecommunications Industry Ombudsman (TIO) to assist by calling 1800 062 058

The Telecommunications Consumer Protections (TCP) Code provides a host of consumer safeguards for mobile, landline and internet users.

These safeguards are set out in clear rules that providers like us must follow when communicating and dealing with customers. The rules cover the areas of advertising and point of sale, billing, payment methods, complaint handling, financial hardship and more.

The TCP Code was developed by the Telecommunications Industry following extensive consultation and negotiation with consumer groups, the Australian Communications and Media Authority (ACMA), and other relevant interest groups. The ACMA regularly monitors compliance with the code.

Aussie Broadband is committed to following the code and its principles, not only because of compliance but also in line with our strong values of “no bullsh*t and “be good to people”. If you would like to talk to us about the code or how we are following it, please contact us by telephone on 1300 938 499 or by email at admin@stech.com.au

You can find a copy of the code on the Communications Alliance website.

PLEASE NOTE- 1. Extra data can be purchased for the shaped plans – $1.50 per 1Gb. 2. Data usage is counted in both directions and expires on the service anniversary date. 3. Actual NBN speed may not necessarily be achieved on particular plan, external factors may affect the actual line speed. 4. Transfer of the NBN service to Steele Technology Pty Ltd may give rise to consequences under your contract or contracts with current NBN supplier (such as an early termination payout). It is your responsibility to check your contract terms to determine what those consequences might be. 5. In some cases of New NBN connection, there may be a New Development Charge applicable of $300. This is payable by client upon connection and is a one-off fee. Client will be notified prior to connection going ahead. 6. Termination of service should be done in written notice (email or post). 7. Early Termination of contract will result in a cancellation fee, this will be $300 or part thereof, depending on Contract term left at time of cancellation. 8. Decrease in plan option will result in a fee of $49.95, where an Increase in plan option will not incur such fee.
Terms & Conditions- Please read this Agreement carefully. The supply of Services under this agreement is provided by Steele Technology Pty Ltd, ABN 54 633 412 718 (in this agreement referred to as “our”, “we”, “us” or “Steele Technology”) and in part by our Third-Party Suppliers. By applying for, and accepting, services you have indicated your acceptance of all the terms and conditions referred to in this Agreement.
Definitions – “Agreement means this agreement for the provision of services by us to you as indicated on the Schedule.- Charges means the charges payable by you to us pursuant to this agreement including but not limited to, installation, access, usage, Default Fees, interest and consulting fees. – Default Fees means all charges, cost and expenses we may incur in relation to a breach by you of your obligations to us – Schedule means the duly completed Application Form. – Service means the supply of access as described in this Agreement. – GST has the same meaning as described in “A New Tax System (Goods and Services Tax) Act 1999” and any related legislation. – Service Commencement Date means the date that your service is activated by us as advised by us. – Application Date means the date your application is received by us either by fax, mail or email. – Third Party Supplier means a third-party supplier used for the provision of services provided under this agreement. – Term of this agreement – This Agreement commences on the Application Date and will continue until services are terminated by either party. If you terminate this agreement you will remain liable for all charges and all other amounts that you are required to pay under this Agreement. Some products have a minimum contract term. If your contract term is terminated before the end of this term you may be required to pay fees. – Notices – Notices under this agreement will be sent by electronic mail, but may be sent by prepaid ordinary post, or facsimile if communication fails.”
Our Obligations to you in accordance with the terms and conditions of this agreement, we will use our best efforts to provide a service to you and to provide the necessary information to access that service. We will use our best efforts to ensure a continuous service, however this is not guaranteed. We will aim to connect your service within 30 days. We will not be liable for any delay in connecting your service. In the event of a service outage or fault for which we are responsible, and where that outage requires an onsite visit we commit to restoration of the service within 14 days subject to a force majeure event. Where an outage does not require a service call we commit to resolving the outage within 2 working days. We will take care of any personal information you provide us, in accordance with the Privacy Act 1988 (cth). Whilst we will use our best efforts to ensure the data you transfer will be received by the intended destination (including electronic mail) we cannot guarantee that it will reach the intended destination. We will obtain and hold any necessary licenses required under law. We are not responsible for training you in the use of this service.
Your obligations to us – You must provide us with accurate and truthful information in your service application and keep us informed of any changes to this information. You are responsible for providing and maintaining all necessary equipment for the connection to the service, computer equipment, network hubs / switches and electricity. You are required to insure the Customer Premises Equipment including but not limited to indoor equipment, external equipment, including the antenna and associated transmitting equipment against loss or damage caused by accident, natural disaster, vandalism and theft. We will provide an invoice for the service on the date your connection becomes active and each month thereafter on that anniversary date. Your credit card or bank account will be debited within 7 days of the date of the invoice. Your monthly fee is billed in advance and any applicable excess usage charges are billed in arrears. Any applicable connection fees and additional hardware will be billed on your first invoice. You agree that, should your connection be suspended by us for failure to meet the agreed payment schedule, you will be liable for all costs incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 2% calculated daily and compounded monthly. We may terminate your connection for continued failure to meet payment schedule or payment of outstanding monies. You agree that should your connection be terminated by us for failure to meet the agreed payment schedule that you will liable for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 2% calculated daily and compounded monthly. You will indemnify us and any Third-Party Suppliers in respect of all costs, damages, loss whatsoever including any third-party claims or costs, howsoever arising from any default, breach or termination of this agreement by you. You agree that we may use Third Party Suppliers for the provision of this service. You agree that you will not contact any of our Third-Party Suppliers for any reason in relation to this service. You acknowledge if you do contact one of our Third-Party Suppliers you will be liable for all costs imposed on us by our Third-Party Supplier. You must pay for the service, and acknowledge that our payment terms are 7 days, should your credit card or bank account not be able to be debited or if payment is not received for any reason, you will be considered in default. This service is for your use only, and reselling of services is strictly forbidden.
Service Description – Any transmission speeds referred to by us are the maximum theoretical speed achievable with the service under ideal conditions. You acknowledge that actual speeds may be different from the theoretical speeds. Speeds may vary for reasons which include but are not limited to: Third Party Supplier network congestion, Third Party Supplier line interference, internet congestion, contention ratios and errors in the configuration of your equipment. You agree that only equipment certified by us, as listed and updated on our web site from time to time will be used with the service. You acknowledge that we may limit certain traffic types or protocols on our network to enable peak performance and/or to prevent network attacks where that traffic may be affecting the overall performance of the network.
Universal Coverage – The service can only be provided on qualified sites where clear line of sight to an access tower exists. Not all customer sites will be able to access the service. We will advise this at the time of attempting to connect your service.
Interference with the Service – You agree that you will:
• Not interfere with normal operation of the service or any facility or make either unsafe.
• Allow us or any of our Third-Party Suppliers safe access to your premises if required.
• Ensure that we or our Third-Party Suppliers are provided with sufficient and timely access to the premises to enable us to provide the service.
If you do not have control or have access to the premises in which the service is delivered, you must:
• Procure for us or our Third-Party Suppliers all such access to the premises as may be required.
• Indemnify us and our Third-Party Suppliers against any claim by the owner or occupier of the service premises, or any other person, in relation to the entry of those premises.
Acceptable Use Policy – You agree not to use your access for illegal purposes and to conduct yourself in a responsible and considerate manner, and acknowledge that cracking, hacking, crashing, spamming, transmission or storage of copyright infringing or any data which would contravene Australian laws relating to the production and distribution of pornographic material or distribution of viruses is forbidden, as is unauthorised access to system areas and information on our network or any systems connected to our network. Any act which would contravene Australian Law is prohibited on our network. You agree to accept total responsibility for the content of files owned by you and stored on our network and accept total responsibility for any data transferred or caused to be transferred across our network to your service. You agree that you will not send unsolicited bulk commercial e-mail via any method. You acknowledge that we do not edit, control, or store the content and form of any information or data accessed through the service. You are responsible for maintaining the secrecy and confidentiality of all access information required by you to access to the service, and you agree not to disclose this to any other person. You must notify us immediately if your username and/or password are lost or you think that someone may be using them. You will be responsible and liable for any unauthorized use of the Service. You acknowledge that both your uploaded & downloaded data count towards usage. Downloading and uploading data occurs when you access web pages, send and receive email, and upload and download files. All access to any service on the internet incurs uploads and downloads. Once your data limit has been reached your connection will either be “shaped” to 265K downstream and 265K upstream with no additional data charges, or you may elect to keep your connection at full speed and pay an additional usage fee for this. Once your service is shaped, access is provided for reasonable use. Examples of reasonable use are web pages, email and other interactive services. Continuous access services like peer to peer or other file sharing applications are not considered reasonable use once your connection is shaped. Should continuous use occur once your connection is shaped further shaping of the offending traffic may occur or your connection may be suspended.
Technical Support – Our Service includes free technical support for the installation, commissioning, and ongoing maintenance of the Service. This support is only provided by E-mail, Telephone and via our website. You can log a fault 24/7 our phone messaging system by calling our support number 1300 938 499 – Cost of a local call (mobiles may be higher). Office hours are currently 9.00am to 5:00pm Monday to Friday.
Direct Debit Service Agreement – The contracted plan with monthly payments in advance will be debited to the customer’s account upon connection. Any excess data charge if applicable will be included. Other charges including VoIP services, fixed phone or other additional services will be debited to the customer’s account as per the separate individual contract. The customer will be advised 14 days in advance of any changes to the credit card/direct debit arrangements. For all matters relating to the credit card/direct debit arrangements the customer can call into the office, or contact via: Email: admin@stech.com.au |Phone: 1300 938 499 or on (02) 6852 3204
If you are in any doubt you should check your ledger financial institution before completing any drawing authority. It is your responsibility to ensure that sufficient cleared funds are in the nominated debiting account when the payments are scheduled to be drawn. If the due date for a payment falls on a non-working day or a public holiday, the payment will be processed on the next working day. For returned unpaid transactions the following procedures will apply: The customer will be emailed, telephone or have an SMS sent to advise that the payment has been rejected within 2 business days. If no response has been received within 2 business days, the customer’s account will be suspended until the matter has been resolved. Any costs associated with the return of unpaid transaction fee that our bank may charge to Steele Technology Pty Ltd will be charged directly to the customer. All customer records and account details will be kept private and confidential to be disclosed only at the request if the customer of financial institution in connection with a claim made to an alleged incorrect or doubtful debit.
IP Address Space – You agree that the IP addresses assigned under this agreement remain the property of us or our third-Party Suppliers and that IP addresses may change from time to time.
Governing Law – The agreement will be governed by and construed in accordance with the law of the state of New South Wales.
Assignment – We may assign any or all the rights and obligations on its part contained herein subsequent to approval by the Department and You.
Information – You authorise us to make enquires as to your credit rating at any time and to report any delinquencies and any other information concerning you.
Amendment – We may amend this agreement from time to time. We will provide 20 working days written notice to you of any approved changes. The amendment will take effect unless you notify us in writing of your objection and cancellation.
Force Majeure – Neither party will be liable to the other for any failure to deliver our services or for any breach by it of this agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this agreement on notice in writing to the other party.

1. Definitions In these Terms and Conditions: “Authorised User” means any person nominated by the customer who is authorised to use the service. “Charges” means those charges payable from time to time by the Customer to Steele Technology for provision of the service including any reviewed Charges. “Commencement of Service Date” means the date nominated for commencement of the service, by the Customer, on the Application Form. “Customer” means the company, association, partnership, local, state or commonwealth authority or other entity, or private individual described in the Application Form. “Application Form” means the document in which the customer applies for the service to be contracted from Steele Technology. “Initial Set-Up Fee” means the initial set-up fee or installation charge specified in the Application Form. “Interest Rate” means the annual rate charged by Steele Technology’s principal banker (as nominated by Steele Technology from time to time) on current overdraft rates plus 2%. “Steele Technology” means Steele Technology Pty Ltd. “Rules” means the Steele Technology Standard Rules as in force from time to time. “Service” means the service or other services provided by Steele Technology to the Customer as described in the Application Form including where applicable access to Steele Technology network (including computer resources, disk storage and computer communication facilities) and the Internet, and any other services contracted between Steele Technology and the Customer as specified in the Application Form.2. Agreement – 2.1. The Agreement is bound by the Application Form, signed by the Customer and accepted by Steele Technology, and these Terms and Conditions. 2.2. Where a minimum contract period is specified in the Application Form, the minimum contract period commences on the date the Service is connected. 2.3. Subject to these Terms and Conditions, the Agreement shall remain in force: 2.3.1. Where a minimum contract period is specified in the Application Form, the agreement shall be continued for that minimum period, and then continue until such time as it is terminated by either Steele Technology or the Customer giving verbal or written notice; 2.3.2. Where a minimum contract period is not specified in the Application Form, the agreement shall continue until such time as it is terminated by either Steele Technology or the Customer giving verbal or written notice. 2.4. Steele Technology shall supply the Services to the Customer during the term of the Agreement unless suspended or terminated in accordance with the Agreement.
3. Provision of the Service – 3.1. The Customer shall pay to Steele Technology any invoiced amounts rendered including installation and/or initial set-up fees and ongoing charges in respect to the provision of the Service as follows: 3.2. The Customer shall pay the Charges by way of cash or direct deposit or such other method of payment as shall be agreed. 3.3. The Charges for the Service are payable by the Customer in the manner described in the Application Form. 3.4. After the initial term, the Charges may be reviewed by Steele Technology from time to time and such Charges, once reviewed, shall be the Charges payable by the Customer to Steele Technology for the provision of the Service for the period commencing 30 days after notification of the reviewed Charges. 3.5. The Customer is responsible for and will pay any charges generated as a result of any use of the Service accessed through the Customer’s identification or log-in whether used by or authorised by the Customer or an authorised User or not. 3.6. The Customer shall pay interest on overdue amounts at the Interest Rate, calculated daily and payable monthly. 3.7. The initial set-up fee is non-refundable. 3.8. If the Customer terminates the Agreement within the minimum contract period specified in the Application Form, Steele Technology reserves the right to charge the Customer the full amount of any minimum monthly fees and/or flat rate charges specified in the Application Form for the balance of the minimum contract period. 3.9. Steele Technology may pay a commission to any partner or agent who introduces the Customer to Steele Technology.
4. Conditions of Connection – 4.1. The Customer must provide appropriate telecommunications software and hardware for Connection to Steele Technology’s network. 4.2. The Customer is responsible for payment of any costs associated with the data communications line (telephone line or similar link) used for Connection to Steele Technology’s network. 4.3. If payment of any Charges is overdue for 14 days or more Steele Technology may suspend provision of the Service. Steele Technology reserves the right to charge the Customer a fee for reconnection of the service. 4.4. Steele Technology may charge any reasonable expenses in connection with recovery of overdue payments including the costs of engaging a mercantile recovery agent. 4.5. Steele Technology shall provide certain equipment necessary to access and utilize the Service to the Customer, including antenna, wiring, and Steele Technology radio receiver (the “Customer Premise Equipment” or “CPE”). This equipment remains the property of Steele Technology. 4.6. The Customer is responsible for any and all losses, or damages to the CPE following installation. The Customer agrees that the CPE shall remain at all times at the Customer’s premises at the time of installation. Under no circumstances shall The Customer remove, uninstall, modify, or change the location of any of the CPE, or attempt any of the foregoing actions.
5. Conditions of Service – 5.1. The Customer shall adhere to the Rules in force from time to time. 5.2. Steele Technology may monitor or keep any records that it deems necessary referable to the Customer’s use of the Service. 5.3. The Customer shall not use the Service, nor shall the customer permit the Service to be used: 5.3.1. in such a manner as may reasonably be expected by Steele Technology to impair the use of the Service by other customers of Steele Technology; or 5.3.2. for any activities of an illegal or fraudulent nature, including activities prohibited under the Telecommunications Act 1997 (Cth), the Copyright Act 1968 (Cth), the Privacy Act 1988 (Cth) or under other applicable Australian State and Commonwealth laws.
6. Network Security – 6.1. The Customer shall be responsible for implementing and maintaining network security at the Customer’s site. 6.2. Steele Technology will at the Customer’s request endeavour to implement access restrictions to the Customer’s network via the Connection and in accordance with any Customer’s specifications approved by Steele Technology. 6.3. The Customer acknowledges that to the extent permitted by law Steele Technology does not make any representations or warranties concerning the fitness for purpose or effectiveness of any access restrictions or Steele Technology’s network security or the Customer’s network security. 6.4. The Customer acknowledges that Steele Technology’s network is not a secure and confidential method of communication and shall transmit data on Steele Technology’s network at its own risk. 6.5. Without being in any way liable so to do Steele Technology shall endeavour to ensure that all data transmitted on Steele Technology’s network is transmitted to the person to whom it is addressed.
7. Limitation of Liability – 7.1. To the maximum extent permitted by law: 7.1.1. The use of the Service by the Customer (which includes the contents thereof and any storage or use of information) is at the Customer’s sole risk. 7.1.2. Steele Technology and its information providers, licensors, licensees, employees or agents do not: 7.1.2.1. Warrant that the Service will be uninterrupted or error free; or 7.1.2.2. Make any warranty as to the results obtained from the use of the Service. 7.1.3. The Service is provided on an “as is” basis and to the extent permitted by law without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. 7.1.4. Neither Steele Technology nor its information providers, licensors, licensees, employees, and agents nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service or out of any breach of any warranty. 7.2. Where legislation implies in the Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in the Agreement. However, the liability of Steele Technology for any breach of such conditions or warranty shall be limited, at the option of Steele Technology, to one or more of the following: 7.2.1. if the breach relates to goods: 7.2.1.1. the replacement of the goods or the supply of equivalent goods; or 7.2.1.2. the repair of such goods; or 7.2.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or 7.2.1.4. the payment of the cost of having the goods repaired; and 7.2.2. if the breach relates to services: 7.2.2.1. the supplying of the services again; or 7.2.2.2. the payment of the cost of having the services supplied again. 7.3. The Customer acknowledges that any electronic material (“material”) accessed by the Customer through the Steele Technology network is varied, and that Steele Technology will not be liable for or responsible to the Customer or any other person for the nature and content of that material, the Customer’s access to that material or the Customer’s use of that material. 7.4. The Customer hereby indemnifies and shall keep indemnified Steele Technology and its information providers, licensors, licensees, employees or agents in respect of any loss or damage, action, claim, suit, or proceeding suffered by or brought against Steele Technology and its information providers, licensors, licensees, employees or agents by any person: 7.4.1. in relation to or concerning any use of the Steele Technology network or the Service by the Customer or an Authorised User; or 7.4.2. a result of the transmission of any illegal and/or fraudulent or offensive material by the Customer or an Authorised User; or 7.4.3. a result of any breach of the Agreement by the Customer or an Authorised User; or 7.4.4. a result of any wilful, unlawful or negligent act or omission of the Customer or an Authorised User. 7.5. The provisions of this Clause will survive any termination of the Agreement.
8. Termination – 8.1. Steele Technology may terminate the Agreement without notice upon the occasion of misuse or abuse of the Service by the Customer. What constitutes misuse or abuse of the Service is determined by Steele Technology at its absolute discretion. 8.2. The Agreement may be terminated forthwith at the option of Steele Technology: 8.2.1. if a Receiver, Receiver and Manager, Manager, Official Manager, Administrator, Provisional Liquidator, Liquidator or Trustee in Bankruptcy is appointed to all or any substantial part of the assets and undertakings of the Customer; or 8.2.2. if either party commits a material breach of its obligations made under the Agreement and fails or is unable to remedy that breach within 14 days after receiving notice from the other party requiring remedy of that breach. 8.3. Upon the termination of the Agreement by either party Steele Technology will cease to provide Services to the Customer. The Agreement will thereafter be at an end but without prejudice to any accrued rights of either the Customer or Steele Technology under the Agreement.
9. Force Majeure – 9.1. Neither party shall be liable for any delay or failure to perform its obligations other than the Customers obligations to pay the Charges pursuant to the Agreement if such delay or failure is due to Force Majeure. 9.2. If a delay or failure of a party to perform its obligations is caused or reasonably anticipated by Steele Technology due to Force Majeure, the performance of that Party’s obligations may be suspended by Steele Technology. 9.3. If a delay or failure by a party to perform its obligations due to Force Majeure exceeds thirty (30) days, either party may immediately terminate the Agreement on providing notice in writing to the other party. 9.4. If the Agreement is terminated pursuant to this clause, Steele Technology shall refund any Charges previously paid by the Customer pursuant to the Agreement for goods or services not provided by Steele Technology to the Customer. 9.5. In the Agreement “Force Majeure” means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under the Agreement. Such circumstances shall include but shall not be limited to fire, storm, flood, earthquake, accident, war, labour dispute, materials or labour shortage other than the party’s own staff or staff under its control, law or regulation or act or omission of any third person (including without limitation Telstra Corporation Limited or any provider or related body corporate.
10. Miscellaneous – 10.1. The Agreement shall be governed by the laws in force in the State of New South Wales and each party hereto submits to the exclusive jurisdiction of the Courts of that State. 10.2. The Agreement shall endure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties. 10.3. These Terms and Conditions and the other documents comprising the Agreement constitute the full and entire understanding between the parties with regard to the Agreement. Neither the Agreement nor any term of it may be amended or any term waived except in writing signed by the parties. 10.4. The Customer agrees that Steele Technology may obtain access to, use and disclose information about the Customer, pursuant to the Privacy Act 1988 (Cth). 10.5. Goods and Services Tax (GST) – Steele Technology reserves the right to increase or decrease the charge for the Service to allow for the impact of a GST, consumption tax or similar tax imposed by any government from the date such tax is imposed, but is not obliged to do so. 10.6. All billing disputes must be lodged within 7 days of receipt of invoice. 10.7. The Customer shall pay interest on any overdue amounts at the Interest Rate, calculated on daily balances from the due date and payable monthly. 10.8. Ownership of equipment supplied by Steele Technology to the Customer or the Customer’s representative does not pass to the Customer until payment has been made in full.
11. Notices – All notices shall be in writing and shall be sent by hand delivery, post or electronic mail to the parties at their addresses in the Application Form or to such other address as any party may specify to the other. A notice shall be regarded as having been given 11.1. when delivered if sent by hand; or 11.2. the business day three days following posting if sent by post: or 11.3. the business day following the date of transmission if sent by electronic mail.