TERMS AND CONDITIONS

  • The definition of “Client” used in this document pertains at all times to the company that is the intended recipient of this proposal from Informatel.
  • This proposal covering all quotations is strictly valid for 14 days only.
  • Informatel ABN 42 998 980 850 is authorised to issue Recipient Created Tax Invoices (RCTIs) in respect to the services outlined in this proposal.
  • By signing the Authorisation to Proceed form, the Client accepts these terms and conditions and agrees to be bound by them.
  • Any reference to SMS in these Terms and Conditions is only applicable in the event of provision of SMS service to the client by Informatel.
  • By signing the authorisation to proceed you are acknowledging on behalf of your organization that you have its authorization to enter this agreement upon these Terms and Conditions.

THE SERVICE

  • The service shall allow the client to send SMS via the internet.
  • The client shall be solely responsible for ensuring that the message and phone numbers they are to broadcast are accurate.
  • Informatel warrants that the service shall be performed with reasonable care in a diligent and competent manner.
  • To the fullest extent permitted by law, this clause is Informatel’s only warranty concerning the services and is made expressly in lieu of all other warranties and representations, express or implied, including and implied warranties of merchantability, non-infringement or fitness for a particular purpose, or otherwise.
  • Informatel does not warrant and is not responsible for any third party products or services, including delivery of messages by carriers once they leave the Informatel gateway.

FEES AND PRICING

  • Pricing is subject to change.
  • All pricing is in Australian Currency.
  • All prices include GST.
  • All ReadyCredits must be used within 12 months of purchase.
  • Any promotional credits or offers are done so at the discretion of Informatel.
  • Informatel may withdraw promotional credits or offers if in its opinion a customer has misused the system.
  • Informatel reserves the right to adjust credits on the following bases:
    • 1.Indexation at 5% per annum which includes inflation as measured by the Australian Consumer Price Index (CPI) at not more than 5%.
    • 2.In the event the CPI is more than 5% such undertaken will increase accordingly. In the event that CPI is less than 5% then the indexation shall be at 5%.
    • 3.In the event of carriers or 3rd party providers of SMS services charging Informatel more then the rate established on 3 December 2008 such an increase may be passed on and any credits paid for shall reflect such an increase. In this event, after being emailed a notification by Informatel, customers will have a 3 day period to request a refund, less Credit Card and Administration charges which shall be not less then 2% plus GST and $1.
  • Where the service is premium rate SMS it is assumed that only Message Origination charges apply and not Message Termination service/s being supplied.
  • Monthly and guaranteed charges will be billed per month pro-rata.
  • Any Banking charges accrued on behalf of these services will be deducted prior to any revenue distribution.
  • In the even of a reply SMS for a premium rate service being required it shall only be charged to the client if incurred by Informatel.
  • The client will be responsible for all costs incurred from the use of their account.
  • Users will be charged one credit for every 160 characters (or part thereof) used in a message up to a maximum of 6 credits for 960 characters.

TERMS AND TERMINATION

  • If the service is cancelled prior to the expiration of the term, any guaranteed and monthly charges are due and payable within 14 days of such cancellation for the period until the end of the term.
  • Informatel reserves the right to withdraw this proposal, at its discretion, where in the opinion of Informatel Management, excessive modifications and or additions to the initial brief have been requested by the client.
  • Informatel reserves the right to terminate the service if payment is not received within 45 days. Further, in the event that the service is discontinued due to failure to pay or for any other reason, Informatel reserves the right to charge a reactivation fee if the Client requests in writing that the service be reactivated.
  • Nothing in this proposal shall give any action against Informatel other than non-payment of revenue received.

NON-EXCLUSIVITY

  • The Client does not have an exclusive right to use or distribute the service in any industry or territory.

INTELLECTUAL PROPERTY

  • All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered) all copyrights, (including copyright conferred by the Copyright Act 1968), all trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the services that the client shall use belong to Informatel. The client obtains no rights to this intellectual property though using the services.

CONFIDENTIAL INFORMATION

  • The client must not disclose or make public any confidential including material acquired or produced in connection with or by the performance of the services with prior approval in writing of Informatel. The parties will continue to be bound under this clause notwithstanding the termination of this agreement.
  • For this purpose “confidential information” means all drawings, maps, plans, designs, diagrams, tables, charts, specifications, documents of any sort, computer material, information in whatever form embodied and samples, models and any other object or matter belonging to any other party that comes to a party’s knowledge during the performance this agreement. On termination of this Agreement each party must return all confidential information of the other party to that other party.

LIMITATIONS ON USE

  • Where the client specifically uses or requests the use of material that may be protected under copyright laws, the client agrees to indemnify Informatel for any infringement on such copyright.
  • The client indemnifies Informatel from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by the Client in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
  • The client agrees to comply with all applicable federal and state laws as well as regulation and guidelines laid out by regulatory authorities when using Informatel’s systems.
  • The client agrees to comply with the SPAM Act 2003.
  • Informatel reserves the right to suspend or terminate a user’s account if, in its opinion a user has breached any laws or guidelines.
  • The client is to provide its own hardware and internet connections required to use the service and are solely responsible for all costs and fees associated with that usage.
  • Informatel is permitted to assign or license its associated services to any third party without the prior consent or notification to the client.
  • The client agrees to include information on opting out of the service in all messages sent.

DATA QUALITY

  • As Informatel collects information directly from customers, the data is as accurate as the information they supply. We use public sources such as the White Pages to cross check information where practicable.
  • Maintained on SQL database servers, which are fully backed up with built in redundancy available at all times. A mirrored server is located at an off site location protected in a security monitored, temperature controlled premises.

DATA SECURITY

  • Informatel has made significant investment over a number of years in infrastructure and processes to ensure maximum data integrity and security. Informatel is focused on not just electronic security, but also physical security. Thus, significant investment has been made on building security with 24 hour 7 days per week monitored building alarms. Additionally, access to areas housing sensitive data is controlled via personalised proximity ID cards. Only personnel requiring access to these areas have the required authorisation enabled on their card and access is only enabled for selected times. Records are maintained on who has accessed these rooms and when access was made.
  • Computer and network security is controlled via hierarchical access right assignments. Access rights are assigned based on job function and role and only data required for the specific role is made available. Additionally, audit/logging is enabled for sensitive data sources to ensure that all access is recorded.
  • Accessibility to computers systems and data from the Internet is controlled via advanced firewall technologies and access systems.