Use of Yak Networks' services implies that the Customer has read and accept the following Terms and Conditions.

The Customer's use of the Service(s) which they wish to acquire, provided by Yak Networks Pty Ltd (ABN 55 086 335 051) trading as Yak Networks (in this Agreement referred to as "our", "we", "us" or "Yak"), is subject to and will incorporate the Terms and Conditions of this Agreement. By commencing use of the Service(s), the Customer indicate their acceptance of all the Terms and Conditions outlined.

1. This Terms and Conditions constitutes the entire Agreement between the Customer and Yak Networks and supersedes any prior arrangements.
2. All notices served pursuant to this Terms and Conditions or alterations to this Agreement shall be notified in writing.
3. Yak may vary this Agreement by providing the Customer with 30 days written notice of any such variations.

1. The Service shall be provided to the Customer on an ongoing basis once the Customer has established an account with Yak Networks.
2. Except as otherwise provided under this Agreement, Yak shall continue to provide the Service for a period of time set by the mutual agreement of the Parties (the Service Period).
3. Prior to the expiration of any Service Period, the Parties may agree to continue the Service for an additional Service Period of duration to be agreed by the Parties. Such agreement shall be subject to any variations in the Terms and Conditions previously communicated between the Parties in accordance with this Agreement.
4. Access shall be available 24 hours a day, seven days a week except during operational faults or scheduled service times.
5. The Customer acknowledges that, in providing the Service, Yak relies on factors outside its control. Accordingly, Yak does not warrant that Customers will have continuous or error free access to the Service
6. Yak has no obligation to review or edit the content of any materials produced, displayed, published or transmitted by the Customer and reserves the right to refuse to post or to remove any materials.
7. The Customer shall not use the Service or permit the use of the Service by any other person or entity:
1. for any illegal or fraudulent purpose;
2. for sending to any person any communication which is illegal, offensive, abusive, obscene, indecent, menacing, false, misleading or deceptive, fraudulent or which containing content prohibited or deemed prohibited by law;
3. for sending unsolicited commercial e-mails;
4. in any way which causes or is intended to cause annoyance, inconvenience or anxiety to any person; or
5. in any way which does not conform with the Company’s standards as advised from time to time.
8. The Customer will at all times will comply with all statutes, regulations, ordinances, standards, codes, permits and other lawful directions of all competent authorities relating to or otherwise affecting the subject matter of the Agreement. Without limiting the foregoing, the Customer shall at all time comply with all relevant Internet industry codes, and will not, by any act or omission, prevent or interfere with the compliance by Yak with such codes.
9. It is the Customer’s responsibility to ensure that any computer(s) used for access to the Service are appropriately licensed for any software used in such access.
10. The Customer must be at least eighteen (18) years of age. A minor’s parent or legal guardian may authorise the minor’s use of the account, but must assume all liabilities resulting from the minor’s use of Yak’s Services.

1. Yak disclaims any and all liability for the contents of material that the Subscriber may find inappropriate, offensive, inflammatory or adult in nature.
2. Yak shall not be responsible for any data which is stored on or transmitted through its network.
3. Yak reserves the right to deny Access to any potential Subscriber at its absolute discretion.
4. The Service may be unavailable at times either due to scheduled maintenance upgrades, operational reliability or due to factors beyond Yak's control. Yak makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall Yak be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service. Yak will use its best endeavours to provide at least twenty four (24) hours notice of any disruption to the Service. The Subscriber acknowledges that it may not be possible for Yak to supply any notice at all under some circumstances.
5. Yak may, without notice, deny or restrict Access to the Service at any time should the Subscriber fail to make full payment of any outstanding monies by the date on which such payment falls due.
6. Yak may, without notice, deny or restrict Access to the Service at any time should it reasonably believe that the Subscriber has failed to comply with the terms of this Agreement or the Acceptable Use Policy.
7. Any advice provided by an employee of Yak is provided in good faith. Any Subscriber who acts on such advice does so at their own risk, and indemnifies Yak against any problems which may arise from acting upon that advice.
8. The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989.
9. All software supplied by Yak is used by the Subscriber at their own risk. Yak will not be held liable for any damage to any software or hardware resulting from the use of the software provided.

The maximum transfer speed or the latency of the Service is not guaranteed.

1. Invoices: The Customer will receive electronic copy invoices via email for each Account which will be issued monthly on or before the 15th of each month.
2. Usage: All portions of Bandwidth Usage are billed for except if the Data is received from or sent to sources on the Yak system. Each plan comes with monthly Bandwidth Usage allocations and any unused portions at the end of each month are not transferable to consecutive months. Any excess Bandwidth Usage is charged an excess fee based on the service selected. Please refer to the Pricing page for details.
3. Charges: Accounts are calculated at the end of each calendar month. All Bandwidth Usage is counted. Excess Usage plus regular monthly Payments are billed for.

1. Activation Fee: Should be made in advance before the Service is activated along with the first monthly charge. These charges include the setup fee, the cost of the modem(s) (if required) and additional MicroFilters that have been requested.
2. Monthly Fee: Subject to the type of service selected and any extra facility requested. The first monthly charge is made prior to the activation of the Service. Payment should be made no later than 25th day for each billing period. Payment by bank transfer or cash (except payment made through ATM; Internet Banking; or Phone Banking) should be notified to CBN – Finance Dept.
3. Extra Charge: (plus administration fee required) for any extra service requested by Customer.

1. Reasonably consider that the Customer have failed to comply with any provision of this Agreement.
2. Suspect that the Customer may have breached Yak's Acceptable Use Policy.
3. Receive allegations (which Yak believe to be genuine) which indicate that the Customer have breached Yak's Acceptable Use Policy.

If Yak suspend the Customer's access to the Service(s), Yak may reactivate the Customer's access to the Service(s) if Yak subsequently become satisfied that the Customer is not in breach of any provision of this Agreement.

We may from time to time without notice suspend your access to the Services during a technical failure (including any failure caused by a Third Party Supplier ceasing to provide us with goods or services), or where modification or maintenance is being carried out in relation to the Services. We will use all reasonable endeavours to end any such suspension of Services as soon as practicable.

Notwithstanding any suspension of your access to the Services under this clause, you will remain liable for our out-of-pocket costs and any third party costs incurred during a period of suspension.

1. Yak have suspended the Customer's access to the Services under Clause "Suspension of Service(s)" and Yak have not reactivated the Customer's access to the Service(s) within seven (7) days of this suspension.
2. A Third Party Supplier ceases to provide goods or services to us that are necessary for the continued provision of the Services.
3. The Customer is in breach of any term of this Agreement (including any Policy) and such breach is not remedied within seven (7) days of Yak notifying the Customer.
4. Yak believe the Customer is about to or may become or are in jeopardy of becoming subject to any form of insolvency administration.
5. If the Customer being a partnership, dissolve, threaten or resolve to dissolve or are in jeopardy of dissolving.
6. If the Customer, being a natural person, die.
7. The Customer cease or threaten to cease conducting business in the normal manner.

1. Retain any moneys paid.
2. Charge a reasonable sum for work performed in respect of which work no sum has been charged.
3. Be regarded as discharged from any further obligations under this Agreement.
4. Pursue any additional or alternative remedies provided by law.

The Customer releases and indemnify Yak Networks, Yak's servants, agents and Third Party Suppliers from all liability arising in connection with the provision or cancellation of the Services or any goods or services provided by Yak's Third Party Suppliers. This indemnity includes (but is not limited to) an indemnity against all actions, claims and demands (including the cost of defending in or settling any action, claim or demand) which may be instituted against Yak, as well as all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against us) that we may sustain or incur as a result, whether directly or indirectly of:

1. Any breach of this Agreement by the Customer including but not limited to a breach in respect of which Yak elects to terminate this Agreement.
2. The negligence of the Customer or the Customer's agent, employee of sub-contractor or of any other person for whose acts or omissions the Customer are held liable.
3. Any loss of or damage to any property, or injury to or death of any person, caused by any negligent act or omission or wilful misconduct of the Customer or the Customer's officers and employees.

Yak Networks will not be liable for any delay or failure to perform its obligations under the Agreement if such failure or delay is due to an act of god, insurrection or civil disorder, war, or military operations, national or local emergency acts or omission of Government or other competent authority, industrial disputes of any kind (whether involving the Company’s employees or contractors), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omission of persons or bodies for whom Yak is not responsible or any other case whether similar or dissimilar outside the control of Yak.