Terms and Conditions

These terms and conditions are so you and your guests can know what to expect from us and what we require from you.

We keep these terms and conditions for Owners and those for your Guests

For Owners
In the following, you refers to you, the Hotspot Owner, while we or us refers to WiFi Surf.

1. The Service
   1. Description
      1. We provide a wireless Internet hotspot service, WiFi Surf Hotspot, to allow your guests to access the Internet through your Internet connection for a fee.
      2. The WiFi Surf Hotspot uses the IEEE 802.11g wireless networking standard with its relevant Australian restrictions.
      3. Speeds are stated in kilo bits per second, kbps, and are peak download and upload rates achievable through your Internet connection.
   2. Continuity of Service
      1. We endeavour to provide as reliable a service as is possible with the available technology and within Australian regulations.
         However due to the nature of wireless communications, guest wireless adapters of varying capabilities, adverse atmospheric conditions, industrial, scientific and medical equipment radio noise, and various other sources of radio interference, we cannot guarantee that all your guests will receive partial or full speed access to your WiFi Surf Hotspot all day, every day from all locations on your site.
      2. We do not take responsability for any loss, damage, liability or expense resulting from the lack of continuous provision of our service through your Internet connection.
      3. We do not guarantee connection to any particular Internet site or service.
   3. Monitoring
      1. We may take any steps deemed necessary in order to comply with legal obligations under the relevant state or federal legislations, industrial code of practice or under directions of regulatory authorities or court order.
   4. Outages
      1. We will endeavour to restore your WiFi Surf Hotspot service resulting from failure in equipment within 24 hours.
      2. Restoration of your WiFi Surf Hotspot service resulting from outages, will be kept within indicated times where possible, but may vary in the event of exceptional circumstances.
2. Billing
   1. All prices quoted on our promotional material for the provision of our WiFi Surf Hotspot system are GST inclusive.
   2. Account Payments
      1. Income from your WiFi Surf Hotspot is received by us from PayPal and is split between you and us.
      2. PayPal charges us a fee for using their services which varies depending on the charge. The balance after PayPal's fee is what we share with you.
      3. When the balance of your share exceeds $200.00 we will transfer that to your nominated bank account.
      4. You must provide us with an Australian bank account in order for us to pay you.
      5. Any fees incurred transferring your share of income will be deducted from the next payment or payments.
      6. You are liable for GST on your share of the income.
   3. Refunds
      1. If a guest of your site persistently fails to connect or log on or has intermittent success connecting to or logging on to your WiFi Surf Hotspot after having paid for WiFi Surf access, we may offer a full or partial refund of that guest's WiFi Surf Hotspot access charges without consultation with you if the problem is clearly with your WiFi Surf Hotspot equipment or our system.
      2. If you have an Internet access interruption whereby your guests can no longer access the Internet, we will provide full or partial refunds for those guests that have not used up their full WiFi Surf access time and data volume if you request us to.
      3. In all cases where we provide a refund to your guest, that guest's access to your WiFi Surf Hotspot will be revoked. Your guest may buy more WiFi Surf Hotspot access once the problem has been fixed.
3. Internet Service
   1. It is your responsability to pay and maintain your Internet access with your Internet Service Provider. We do not contribute in any way towards payment or maintenance of your Internet access.
   2. We strongly recommend against you having an Internet broadband access plan with your Internet Service Provider where you are charged excess data fees when you exceed the plan's monthly limit.
   3. If your Internet Service Provider does not have an unlimited data transfer plan for a reasonable monthly fee, we recommend instead taking a rate limited plan whereby your broadband Internet speed will be slowed down once you and your guests reach the plan's monthly data transfer limit.
   4. If you choose to have a plan with your Internet Service Provider in which you are charged for excess monthly data transfers, any excess data fees incurred are your responsability to pay. We will not reimburse you for these.

For Guests
In the following, you refers to you, the Hotspot Guest, owner refers to the WiFi Surf Hotspot owner who will usually also be the site owner where you are accommodating, and we or us refers to WiFi Surf.

1. Guest Responsability
   1. You must be 18 years of age or older to create an account
   2. If you allow a person under the age of 18 to use the WiFi Surf Hotspot, then you accept responsability for supervising the person's usage and ensuring the suitability of content sent to and seen by that person.
   3. It is your responsability to ensure that your wireless device meets the requirements to connect to the WiFi Surf Hotspot, including any software and hardware requirements.
   4. You may not connect any unauthorised equipment to the WiFi Surf Hotspot. Unauthorised equipment is any wireless device that is not IEEE802.11g compliant and or does not meet Australian regulations.
2. Security
   1. Your password to log into a WiFi Surf Hotspots must be kept private and secure. We will not refund any use of your account if you, the owner or we determine that its from unauthorised use of your username and password.
   2. WiFi Surf Hotspots use unencrypted wireless link in order to simplify access and provide access to as wide a range of devices as possible.
      Unencrypted wireless links are open to eavesdropping.
      You must not transmit information of a sensitive nature when using a WiFi Surf Hotspot unless you know that transmission is over an encrypted network, transport or application layer that you have established.
      Of particular importance is the use of banking websites or web browser based e-mail which must only be accessed via a strongly encrypted secure http connection (i.e. https URLs).
   3. Your username and password is encrypted between your web browser and our authentication servers. Eavesdropping of your wireless communications with the WiFi Surf Hotspot will not allow eavesdroppers to view your unencrypted password.
   4. We do not take responsability for any loss, damage, liability or expense resulting from the theft of your software or data as a direct or indirect consequence of using or having used a WiFi Surf Hotspot.
   5. We cannot and do not protect your computer, software or data from viruses or other malicious software. It is your responsability to take any necessary preventative measures.
   6. Material available on the Internet may be offensive, inappropriate or unsuitable. We have no control over such content or your access to it and take no responsability for such material.
3. You must not use a WiFi Surf Hotspot to ...
   1. Commit fraud or undertake any illegal, unlawful or offensive activity or breach any Australian legislation, codes of conduct or standards established for the internet service industry.
   2. Transmit, store or place on the Internet any content which is defamatory, offensive, obscene or menacing.
   3. Issue invitations or give directions (including hyperlinks) to illegal content or potentially illegal content.
   4. Disseminate computer viruses or other malicious programs.
   5. Engage in conduct to interfere with or disrupt any other WiFi Hotspot or Internet users or service providers.
   6. Send unsolicited emails, spam or advertising material.
   7. Incite or participate in:
      • cracking of software or systems,
      • breaching laws,
      • contravention of WiFi Surf policy or policies that WiFi Surf may subscribe to from time to time including the codes of the Internet Industry Association of Australia.
   8. Engage in any unauthorised use of material protected by patent, copyright, trademark or other intellectual property rights.