Your Rights and Obligations

Under the Telecommunications Act 1997, Presto may contract with its customers either on an individual basis, or by way of a standard form of agreement. Presto has elected to supply some of its services by way of a standard form of agreement (SFOA). This means that the terms and conditions contained in the SFOA documents apply to you, unless you have entered into a written agreement with Presto (in which case the terms of the written agreement will apply). Presto may vary its SFOA, including prices and charges, at any time and is not required to give you any prior notice of these changes, unless the change is detrimental to customers. In such cases, Presto may advise you directly.

This is a summary of the terms and conditions of Presto's SFOA as it relates to the service(s) you have chosen. Presto must give a copy of a summary of the SFOA to all new customers and have up-to-date copies available for every customer. This summary is designed to give you information about what the SFOA covers and some of its important terms. However, it is not possible to cover everything in the SFOA in this summary. If you would like more detail about your rights and obligations you should obtain and read a copy of the SFOA. Copies are available from Presto support by contacting them directly. This summary does not override or change anything in the SFOA.

The Service:Presto Information Services (Presto) will provide to you the Presto Internet Service (the Service) on the terms of the SFOA. The Service provides access, via the Presto Dial Up Network, to the Internet and related services, such as email and the world wide web. Presto does not warrant that the Service is free from error or interruption. When selecting the Presto Dial Up Internet Service, you may choose from a prepaid monthly charge account (via Credit Card) or 6 or 12 monthly prepaid account. You may apply for the Service by filling out the appropriate form as requested.

Use of the Service: Your application for use of the Service may be subject to Presto's credit assessment of you. You must co-operate with Presto's reasonable requests in connection with the services and you are responsible for all use of your services, even unauthorised use. You must be over 18 years of age, or if not over 18, have obtained the consent of a parent, teacher or other responsible adult prior to applying for or accessing the Service. When using the Service you must comply with this Agreement, the Presto Acceptable Use Policy and any other instructions Presto supplies to you, whether via its website or otherwise. You should check the Acceptable Use Policy regularly to ensure you are complying with it. The terms of the Agreement and the Acceptable Use Policy apply to you and also to anyone else who uses the Service, whether you give them permission to do so or not. You are required to ensure that no one interferes with your service, makes it unsafe or uses your service to break the law. It is your responsibility to arrange and pay for any electricity supply needed for a service at your premises. If your service interferes (or threatens to interfere) with Presto's network, you will be required to do whatever Presto advises you to end or avoid that interference.

Charges:You will be deemed to have commenced using the Service from the Service Start Date advised by Presto to you. You must pay for the Service charges indicated to you when starting the service and any additional charges applicable to the Service. Presto's charges may include establishment or connection charges; installation charges; usage charges; maintenance charges; reconnection charges; activation charges; access charges, charges for content provided with the service, charges for other services provided in connection with the service, disconnection charges in some circumstances, and other charges. The amount of the Service charges will depend on the options and features of the Service you select. Charges may vary according to the Pricing Plan (if any) you choose and may also vary depending on the included data volume or hours limit you have chosen. Presto may offer promotions or offers in connection with the Service (Special). If you validly accept a Special, the price and terms of the Special will prevail over those otherwise applicable under the SFOA for the duration of the Special. If you would like further details about charges, please see the relevant pricing information on our services pages services.html or contact us on (612) 9635 7844. You must pay the Service charges even if your computer is not working, the Service is unavailable, the Presto Network is temporarily down, or you are unable to use the Service for any other reason.

Billing:If you select the monthly payment option, you will be billed your monthly access fee in advance and other usage charges in arrears. You must pay by credit card or direct debit or by such other method as directed by Presto from time to time. If your financial institution fails to honour your payment, you must pay the amount owing directly to Presto and an additional dishonour fee may apply. Where Presto allows payment by other methods (such as monthly invoice) an additional monthly charge may apply. You must pay all service charges incurred as shown on your account whether or not use of the service was authorised by you. Presto may include unbilled service charges in a later invoice(s). If, where applicable, you fail to pay the charges by the due date a late payment fee will apply on the overdue amount. In addition, Presto may charge any reasonable expenses in condition with recovery of late payments (including the costs of engaging a mercantile agency). You are still required to pay outstanding bills even if your services are suspended, cancelled or disconnected.

Taxes: Presto will charge you for taxes, including any GST for supplies made in connection with the Service. All charges and credits on Presto's tax invoices will be shown excluding GST. GST will be calculated on the total value of taxable supplies during the billing period (less any credits) and will be shown on the invoice as a separate charge.

Deposits: Presto may require you to supply financial security (for example a deposit, bond, guarantee or payment for some or all of the Service charges in advance) to receive or to continue to receive the Service. This does not affect your obligations to Presto, including your obligation to pay amounts to Presto as they become due and payable. Presto will refund the balance of any financial security to you after you have stopped taking the Service from Presto, paid Presto all outstanding charges and discharged all your other obligations under the SFOA.

Privacy and Personal Information: Presto may:

collect, use and disclose your personal information to a credit reporting agency, including your name, current and previous addresses, date of birth, employer, driver's licence number, service number, and your personal and commercial credit information or credit rating
use this information to consider your application for personal and commercial credit, the Service or other Presto group services. Presto may also use this information for purposes related to the supply of the Service and to market, promote or provide you with information about promotions.
use this information for the above purposes to or from credit reporting agencies or credit providers, unrelated third parties, suppliers and joint venture partners.

Presto may be required or permitted by law to collect, use or disclose personal information about you; or to law enforcement agencies. You may access your personal information and seek to make any updates by contacting Presto.

Suspension and Cancellation:You may cancel the Service at any time by giving 30 days notice to Presto. Presto may immediately suspend, downgrade or cancel the Service in a variety of circumstances, including: if, before the service start date, Presto determines it is not viable to supply the Service to you; you misuse the Service; non-compliant Equipment is used; there is an unusually high use of the Service; you fail to pay any charges due to Presto; or you become insolvent. Presto may also terminate the Dial Up Internet Service for any reason on 24 hours notice to you. Depending on the circumstances of the suspension, you may still be liable to pay all charges arising during the suspension.

Liability: Presto accepts liability to you in connection with the SFOA and the supply or interruption of the Service only to the extent provided in the SFOA. Presto accepts liability to you in accordance with the Trade Practices Act, and other laws. Presto does not accept liability to you for consequential loss.

Commission: Presto may pay commission to any person including any Presto dealer or retailer who introduces you to us.

Fault Reporting:You must promptly report any faults in relation to your Service to Presto by telephoning the number notified to you by Presto and must provide all necessary assistance to enable location and repair of any Service faults. Presto may charge you for any costs incurred by it to investigate a fault, if that fault turns out to be caused by you or your equipment.

Complaints:You may complain in writing or verbally by calling our Presto customer service representative. Presto will comply with its consumer complaints procedure (and provide you with a copy on request) in endeavouring to resolve your complaint. The Office of Fair Trading (or similar) in your State or Territory may also investigate consumer complaints.

Customer Support:If you require support with your connection to the Service or have any questions relating to it you can contact Presto Customer Support by telephoning our contact number on this site or emailing your enquiry to support@presto.net.au

Notices:Where Presto is entitled to notify you of information relating to the SFOA and changes to it by email, you acknowledge that you have consented to Presto sending you such notices to your Presto primary email address.

Other General Information for the Service:

You must not run network services or provide network services to others using the Service.
If Presto communicates with you by email, any email communication will be sent to your Primary Email Address. You agree to monitor this email account regularly to retrieve and review these communications.
You must ensure that you comply with any rules imposed by any third party whose content or services you access using the Service or whose network your data traverses, and not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).
Presto may interfere with or adjust aspects of the Service if it is necessary to do so for the efficient operation of the network
When you dial up for support or general enquiries, Presto may collect the Calling Line Identity (CLI) of your phone line, so that it can direct your call to the nearest location and for billing and fraud prevention purposes.

Domain Names (and sub-domains) - Presto will register a domain name on a first come, first served basis in accordance with the rules of Presto's chosen domain naming authority. There is no guarantee that your preferred domain name will be registered. Your requested domain name and application details must comply with the requirements of Presto's chosen domain naming authority. Presto reserves the right to refuse registration, re-delegation and/or hosting of any domain name or sub-domain which it considers to be offensive, defamatory, illegal or otherwise inappropriate. Presto may exercise this right at any time. When requesting domain name redelegation, you warrant that you are the legal owner of the domain name and Presto reserves the right to require proof of ownership. You agree that your personal data relating to the domain name is to be listed in the public registry for your domain name. While all possible efforts are made to ensure there will be no disruption to mail and / or hosting services during delegation, Presto takes no responsibility if disruption occurs. If Presto has not received the payment of any amount due within 30 days of a request for payment including a domain name registration, redelegation or renewal, Presto reserves the right to cancel the domain name and all services associated with it. Sub-domain names provided for your use, such as those issued in conjunction with Business Email Services, remain the property of Presto at all times and may not be re-delegated or re-pointed to any other provider or non Presto server. Presto reserves the right to withdraw use of a sub-domain name at any time on reasonable notice.
Business Email Services - Usernames must meet Presto specifications as shown during signup and Presto reserves the right to delete usernames that it considers to be offensive, defamatory, illegal or otherwise inappropriate without notice.
Webhosting Services - Extra charges apply if the files stored in your website and / or data served from your website exceed the levels included in your chosen service. It is your responsibility to upload your web site to our servers. Presto will provide you with uploading instructions on the Presto Support pages.
ADSL Services - ADSL services provided by Presto is for Internet Access only. Presto provides ADSL Services using Telstra as its backend. Presto clients must abide by any Telstra requirements for the use and maintenance of this service.

Presto Information Services Pty Limited
Unit 1, No 83 George Street Parramatta 2150