TERMS AND CONDITIONS OF USE OF NETLINK SERVICE

1. DEFINITIONS

“Netlink” means the internet service brand operated by Agile Group Ltd. Netlink is an internal brand of Agile Group Ltd and is not a separate legal entity or registered business name. References to “Netlink,” “we,” “us,” or “our” in these Terms and Conditions mean Agile Group Ltd trading under the Netlink brand.

“Client” means the person or company using the services provided by Netlink, named on the invoices issued.

2. ACCEPTANCE OF TERMS

By applying for, connecting to, accessing, or using the Netlink service, the client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time.

3. SERVICE

Netlink will provide the client with the ability to access the internet. Access will be available 24 hours a day, 7 days a week, subject to regular scheduled maintenance, breakdown of equipment, or force majeure. Netlink will use its best endeavors to ensure continuous delivery of the service but does not warrant that the access will be uninterrupted or free from errors.

4. SUPPORT

(a) Netlink will provide reasonable technical assistance necessary to connect the client to the Netlink service.

(b) Netlink support is limited to the Netlink service and any equipment supplied, installed, or configured by Netlink, unless otherwise agreed in writing.

(c) Netlink is not responsible for faults, interruptions, performance issues, or configuration problems caused by the client’s own equipment, devices, cabling, internal network, software, applications, power supply, or any third-party service or equipment not supplied or managed by Netlink.

(d) Subject to any applicable Service Level Agreement, Netlink reserves the right to charge a service fee for any on-site support, support outside standard service obligations, or support required due to faults or issues outside Netlink’s responsibility.

5. PAYMENT

(a) The client agrees to pay all fees, charges, and other amounts payable for the Netlink service in accordance with the service plan, quotation, invoice, or other written agreement issued by Netlink.

(b) Unless otherwise agreed in writing, Netlink services are billed monthly in advance. The client remains responsible for payment of all monthly service charges, equipment charges, installation fees, support fees, excess usage charges, and any other charges incurred in connection with the service.

(c) All invoiced accounts are payable within 14 days from the date of invoice, unless otherwise stated on the invoice or agreed in writing. Netlink may suspend or restrict the service if payment is not received by the due date or if the client has any other overdue amount owing to Netlink.

(d) Netlink is not required to provide prior notice before suspending or restricting a service for non-payment. Suspension or restriction of the service does not release the client from liability for any outstanding amounts or ongoing charges payable under these Terms and Conditions.

(e) Payments will only be credited to the client’s account once cleared funds are received by Netlink. The client is responsible for any bank fees, dishonour fees, transaction fees, or other costs incurred as a result of failed, reversed, or rejected payments.

(f) Netlink may apply any bond, deposit, credit balance, or other amount held on the client’s account towards any unpaid invoices, service charges, equipment charges, termination fees, damage costs, or other amounts owing by the client.

(g) Netlink may vary its service plans, pricing, fees, or charges from time to time by giving notice on the Netlink website, by email, by invoice notice, or by any other reasonable written notice to the client. Any change will take effect from the date stated in the notice or, if no date is stated, from the next billing period after notice is given.

6. CLIENT OBLIGATIONS

(a) The client may not transfer, assign, resell, share, or otherwise make the Netlink service available to any other person or premises without Netlink’s prior written consent.

(b) The client is responsible for keeping all account details, passwords, router access details, and service credentials secure. The client is responsible for any use of the service through their account, whether authorized by the client or not, unless caused by Netlink’s own negligence.

(c) The client must notify Netlink as soon as reasonably possible if they experience any fault, interruption, performance issue, or other problem with the service. The client must provide reasonable information about the issue and allow Netlink a reasonable opportunity to investigate, test, and remedy the issue where it is within Netlink’s responsibility.

(d) The client remains responsible for all service charges unless a service issue has been reported to Netlink and Netlink has confirmed that the issue was caused by a fault within Netlink’s responsibility. A client may not refuse payment, claim a credit, or claim non-performance for any alleged service issue that was not reported to Netlink at the time it occurred or within a reasonable time after the client became aware of it.

(e) The client must not use the service for any unlawful, fraudulent, abusive, offensive, or harmful purpose, or in any way that may damage, interfere with, overload, or compromise Netlink’s network, systems, equipment, reputation, or other clients.

(f) The client must not use the service to transmit, distribute, store, or access material that is illegal, defamatory, obscene, pornographic, abusive, threatening, misleading, or in breach of any copyright, trademark, intellectual property right, privacy obligation, or other applicable law.

(g) The client must not use the service to transmit viruses, malware, spam, unsolicited bulk messages, phishing material, or any other harmful or disruptive content.

(h) The client acknowledges that PNG laws, government policy, regulatory directions, or directions from NICTA, the Office of Censorship, or another competent authority may require internet service providers to block, filter, restrict, or otherwise prevent access to certain websites, online services, IP addresses, domains, content, or categories of content, including content classified or identified as pornographic, unsuitable, harmful, unlawful, or refused classification. Netlink may take any action reasonably necessary to comply with such laws, policies, directions, or regulatory requirements, without liability to the client.

(i) Netlink does not warrant that any filtering, blocking, or restriction will be complete, error-free, current, or incapable of being bypassed. The client remains responsible for their own use of the internet service, the use of the service by any person through the client’s account or premises, and any parental controls, device-level controls, workplace controls, or other content controls required for the client’s own household, staff, users, or network.

(j) Netlink may suspend, restrict, or terminate the service without prior notice if Netlink reasonably believes the client has breached this section or if suspension is necessary to protect Netlink’s network, systems, equipment, reputation, other clients, or third parties.

(k) The client agrees to indemnify and keep indemnified Netlink against any loss, claim, damage, liability, cost, or expense arising from the client’s breach of these Terms and Conditions, misuse of the service, unlawful conduct, or use of the service by any person through the client’s account.

7. LIMITATION OF LIABILITY

(a) The client acknowledges that internet services may be affected by matters outside Netlink’s control, including power outages, third-party network failures, satellite or upstream provider issues, weather events, equipment faults, maintenance, cyber incidents, force majeure events, and other technical interruptions.

(b) Netlink will use reasonable efforts to provide a reliable service but does not warrant that the service will be continuous, uninterrupted, error-free, secure, or available at all times.

(c) Netlink is not responsible for the content, accuracy, availability, security, or legality of any material, website, platform, communication, product, or service accessed through the internet using the Netlink service.

(d) The client uses the service at their own risk and is responsible for maintaining appropriate backups, antivirus protection, cybersecurity measures, device security, and internal network security.

(e) To the maximum extent permitted by law, Netlink is not liable for any indirect, consequential, special, incidental, or economic loss, including loss of profits, loss of business, loss of data, loss of opportunity, loss of revenue, or loss arising from interruption, suspension, restriction, failure, or delay of the service.

8. RECORDS

(a) The client acknowledges that Netlink may keep service records, billing records, account records, network logs, usage information, technical records, support records, and other records reasonably required for the operation, management, security, billing, maintenance, and support of the Netlink service.

(b) Netlink may use these records for billing, account management, technical support, network management, service improvement, security, fraud prevention, dispute resolution, and compliance purposes.

(c) Netlink will not disclose client records to third parties except where required or permitted by law, where reasonably necessary to provide or support the service, to recover unpaid amounts, to protect Netlink’s rights or network, or with the client’s consent.

9. DURATION

(a) Unless otherwise stated in a Service Level Agreement, service plan, quotation, invoice, or other written agreement issued by Netlink, the Netlink service is provided on a month-to-month basis.

(b) Where the client has entered into a fixed-term agreement, Service Level Agreement, or other written agreement with Netlink, the service will continue for the term stated in that agreement.

(c) At the end of any fixed term, the service will continue on a month-to-month basis unless renewed, varied, or terminated in accordance with these Terms and Conditions or any applicable written agreement.

(d) These Terms and Conditions continue to apply for as long as the client remains connected to, accesses, or uses the Netlink service.

10. TERMINATION

(i) Either party may terminate this agreement by giving not less than 30 days’ notice in writing or by email.

(ii) Termination notices must be received before the start of the month in which the client wishes the service to end. Once a monthly billing period has commenced, the service cannot be terminated or disconnected part-way through that month, and no pro-rata refund or credit will apply for the unused portion of that month.

(iii) Where a client gives notice after the start of a month, the termination will take effect at the end of the following month. The client remains responsible for all service charges up to and including the effective termination date. For example, if notice is given on 15 May, the service will remain active until 30 June, and the client remains liable for June service charges.

(iv) Netlink may terminate or suspend the agreement at any time for breach of any of the conditions contained herein and retains the right to recover any monies outstanding.

(v) Where the client is subject to a fixed-term agreement, Service Level Agreement, minimum service term, or other written agreement, and the client requests termination before the end of that term, the client may be required to pay any early termination fee stated in the applicable agreement. Unless otherwise agreed in writing, the early termination fee will be equal to 50% of the remaining charges payable for the balance of the term.

(vi) Where termination is requested on the grounds of failure or inadequacy of the service, the client must issue written notice to Netlink setting out the specific material breaches observed and provide reasonable supporting evidence.

(vii) Where the alleged breach is capable of being remedied, the client must allow Netlink a period of 60 days after receipt of the written notice to remedy the alleged breach.

(viii) Termination on the grounds of failure or inadequacy of service may only proceed if the breach is not remedied within the notice period.

11. VARIATION OF TERMS AND CONDITIONS

Netlink may vary these Terms and Conditions from time to time by giving notice on the Netlink website, by email, by invoice notice, or by any other reasonable written notice to the client. Any variation will take effect from the date stated in the notice or, if no date is stated, from the next billing period after notice is given. The client’s continued connection to, access to, or use of the Netlink service after the effective date of the variation will constitute acceptance of the varied Terms and Conditions.