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Introduction
By using our services, you agree to be bound by the following terms and conditions. These terms and conditions may be modified from time to time without prior notice to you. Any amendments to these terms and conditions will appear on this web site and clients who have opted to be notified of such changes will be notified of such changes via email. Indemnification
You agree to indemnify Fax Broadcasting.com.au, its subsidiaries, representatives and employees from any claim or demand, including legal fees, arising out of your use of Faxbroadcasting.com.au services including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property rights. Cancellation
We may discontinue your faxbroadcasting.com.au services without liability for any of the following reasons:
1. Non-payment of any monies due for any services.
2. Abuse of service
3. By court order
4. A violation of any law or regulation of any governing authority having jurisdiction over the service.
5. The Customer provided false or misleading credit information.
6. Breach of any of our terms and conditions. Disclaimer
FaxBroadcasting.com.au does not warrant that its service will be error free or uninterrupted. Its services are distributed on an "as is" basis without warranties of any kind, either express or implied. FaxBroadcasting.com.au will not be responsible for any losses, damages or costs that you and/or your business may suffer when using the web site or service. You agree to indemnify and hold harmless FaxBroadcasting.com.au from any claims resulting in your use of the web site or service. You expressly agree that use of the service is at your sole risk. Neither FaxBroadcasting.com.au or its service providers, agents, licensors, employees shall be liable for damages suffered by you or any other party as a result of the use or misuse of the service. Legals
1. This Agreement is governed in all respects by the laws of Queensland;
2. Both parties agree that any legal action relating to We services shall be done in Brisbane, Queensland
3. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
4. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void. Privacy
FaxBroadcasting.com.au supports the protection of consumers privacy rights as a fundamental element of the business and we adhere to the National Privacy Principals and at the same time comply with the Australian Privacy Act - 2000. Fax Number Privacy
Number lists uploaded by you are not imported into our number database for use by ourselves or other clients. A number list you upload may contain numbers already in our database, therefore it is possible other clients may send to the same numbers. Fax numbers contained in our number list are provided by us and are done so at our discretion and numbers may be added or removed at any time at our discretion with no notice to clients. Opt Out
Within the FaxBroadcasting.com.au service, a mechanism is provided that allows you as a client to give Fax Broadcasting campaign recipients the ability to remove themselves from your database. The mechanism is web based as is designed to ensure recipients who have requested to be removed are flagged and removed automatically from future campaigns. This is done via a unique client code that clients must add themselves to the footer of each Fax broadcast document. It is the clients responsibility to ensure that the footer large enough to be readable by the recipient. Alternatively opt out requests that are handled manually are done so at a cost of $10 per removal request. Note: If clients instruct their fax recipients to contact FaxBroadcasting.com.au directly for removal, this request will be treated as a manual request and will be charged to the clients account accordingly. Fax Broadcasting Quality
The quality of a received fax is determined by the quality of the document used for the FaxBroadcasting.com.au campaign. Clients should test their documents once uploaded and verify the quality is acceptable before using the document for a campaign. Clients, are responsible for the quality of their own documents and resulting fax broadcast campaign. A failure to recognise quality issues or errors through their own tests does not negate any obligation to cover the cost of a Fax Broadcast campaign. Clients are prompted to test their documents once uploaded, this function is designed to help clients test their documents. Changes
FaxBroadcasting.com.au reserves the right to make changes to the pricing or to the terms and conditions of the FaxBroadcasting.com.au service. Continued use of the service or the non-termination of your account after the changes are posted constitutes your acceptance of said changes. Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, including renewals. All payment-due notices may be sent by either electronic, postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your account in writing. You may cancel at any time. We do not offer credits or refunds for service time already used.
Declined payments are subject to a $13.50+GST declined / late payment fee.
All monetary transactions are in Australian dollars. Betteroff Networks reserves the right to change prices at any time. Additional features can be added at any time.
Credit Management & Reporting
We may at its discretion need to collect from you and disclose to a credit reporting agency the following information:
a) Personal details including your name, address (both current and historical), drivers license number, date of birth and employers details;
b) Your application for a We service;
c) Payment information for payments overdue more than 60 days or notification of subsequent payments received;
d) Declined cheques or credit card payments;
e) Information about court judgements or bankruptcy orders made against you;
f) Information regarding a fraudulent act;
Through the acceptance of our terms and conditions, you authorise us to obtain and/or disclose the above information to a credit reporting agency, telecommunications providers (carriers or carriage service providers), Our agents, contractors or representatives. In addition, you authorise us to obtain and/or disclose information collected for service activation and/or any other information regarding your credit history, credit worthiness that credit providers are permitted to use under the Privacy Act. This includes us obtaining commercial credit information or history for the purpose of considering a service application by you.
Account Changes
We reserves the right to make changes to the We service and the terms and conditions of service at its sole discretion. Continued use of the We service or the non-termination of your account after changes are posted constitutes your acceptance of said changes.
Account Management
The management of your account is done via the Account Management System and the FaxBroadcasting.com.au web site portal. Clients are responsible for ensuring that the email address on their account is up to date.
Customer Service Policy
If for any reason we are unable to provide the service described, you will be notified within two business days.
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