Terms and Conditions
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1. Definition
"FaxMate" means Betteroff Networks Pty Ltd ABN 64 061 857 323
"Services" means the FaxMate Virtual Fax service; and
"Client" means you, the person and/or company being provided with services
2. Overview
By using FaxMate® services, clients 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 clients. Any amendments to these terms and conditions will appear on the FaxMate® web site and clients who have subscribed to the change notification service linked to this page will be notified of such changes.
3. Entire Agreement
These terms and conditions form the entire agreement between the parties about the services provided, it supersedes all prior communications, negotiations and agreements, whether oral or written, about the subject matter of this Agreement.
4. Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any service is rendered, including renewals. Tax invoices, reminders and any other payment-due notices may be sent by either electronic or postal mail or SMS. 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 a service is cancelled. Clients may cancel at any time. There are no credits or refunds for service time already used.
Prepaid services that are cancelled before the prepayment amount is used up will result in the prepaid balance being credited to the client account calculated from the end of the current billing period. Service cancellations based on a prepaid annual amount which included an annual payment discount will be recalculated to have the discount removed and the regular monthly amount applied to the term used. Refunds are at the sole discretion of FaxMate® management staff.
Late payments and declined payments are subject to a $13.50+GST late payment fee.
All monetary transactions are in Australian dollars. Additional features can be added at any time. FaxMate reserves the right to change prices at any time.
5. Plans, Usage Charges and Upgrades
Usage fees are calculated and billed in arrears on the anniversary date each month.
Payment for usage fees is payable by credit card or direct debit or as a prepaid amount (minimum of $200) unless a credit terms have been arranged.
Payment for usage fees on amounts less than $10 is deferred to the following month at our discretion.
Fax Broadcasting usage charges are payable at the conclusion of a Fax Broadcasting campaign by credit card or direct debit or as a prepaid amount (minimum of $500) unless credit terms have been arranged.
All FaxMate® inbound services include a quantity of free inbound pages which will vary depending on the plan. This usage is calculated from the monthly anniversary date on which the service was activated, not the calendar month. Services that exceed the included free inbound pages are required to pay inbound excess usage charges which are applicable to their current plan. Clients can avoid excess usage charges by upgrading their account prior to excess usage charges invoice being raised. Unused inbound usage does not accrue or carry forward from month to month.
6. Number Ownership
Individual local numbers provided by FaxMate® are obtained as a block of numbers and as they are part of a block, they are non portable. As a result, non portable telephone numbers assigned to a client will be unavailable to port away from FaxMate for use with another telecommunications company. Individual numbers that have been ported to FaxMate® or a block of numbers that have been obtained specifically on a customer's behalf are able to be ported out again. National 1300 & 1800 Numbers are also portable.
7. Credit Management & Reporting
FaxMate® may at its discretion need to collect and disclose information to a credit reporting agency (based on Privacy Act 1998 section 18,e,1) for the following purposes:
a) to obtain a consumer credit report about a FaxMate® client, and/or
b) to allow a credit reporting agency to create or maintain a credit information file containing information about a FaxMate® client.
This information is limited to:
a) Personal details including a FaxMate® clients name, sex, address (both current and historical), drivers license number, date of birth and employers details;
b) Application details for a FaxMate® service and corresponding commercial credit account;
c) The fact that FaxMate® is a current credit provider to the FaxMate®;
d) Advice that outstanding amounts are no longer overdue in respect of any default that has been listed in relation to a FaxMate® client;
e) Payment information for payments overdue more than 60 days or notification of subsequent payments received;
f) Dishonoured cheques – cheques drawn by a FaxMate® for $100 or more which have been dishonoured more than once;
g) Information that, in the opinion of FaxMate® that a FaxMate® client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the FaxMate® clients credit obligations);
h) that credit provided to a FaxMate® client by FaxMate has been paid or otherwise discharged;
i) Period to which this understanding applies
This information may be given before, during or after the provision of credit to a FaxMate® client.
Through the acceptance of the FaxMate® terms and conditions, FaxMate® may obtain and/or disclose the above information to a credit reporting agency, telecommunications providers (carriers or carriage service providers), FaxMate's agents, contractors or representatives. In addition, FaxMate® may obtain and/or disclose information collected for service activation and/or any other information regarding credit history, credit worthiness that credit providers are permitted to use under the Privacy Act. This includes FaxMate® obtaining commercial credit information or history for the purpose of considering a service application.
8. Account Management
The management of a clients FaxMate® account is done via the Account Management System. Clients are responsible for ensuring that the email address and their account information is up to date. They also acknowledge that FaxMate® is not responsible if they are not receiving messages via the email address provided by the client which is listed under the clients account visible via the Account Management System.
9. Service Changes
FaxMate® reserves the right to make changes to the FaxMate® service and the Terms and Conditions of service at its sole discretion. The continued use of the FaxMate® service or the non-termination of an account after changes are posted constitutes acceptance of such changes.
10. Cancellation
Service cancellations must be done either:
- In writing on the organisation letterhead signed by a person who is authorised to enter contracts on behalf of the organisation
- By email from the billing email address otherwise known as the email address used at the time the account was setup initially.
Clients may cancel at any time. FaxMate does not offer credits or refunds for service time already used.
Service subscriptions and their associated charges continue on an ongoing basis until they are cancelled by a client.
Cancellations must be done prior to the billing anniversary date.
FaxMate® may cancel FaxMate® services without liability, for any of the following reasons:
a) Non-payment of any monies due for any services.
b) Abuse of service
c) By court order
d) A violation of any law or regulation of any governing authority having jurisdiction over the service.
e) The Customer provided false or misleading credit and/or contact information.
11. Legals
a) This Agreement is governed in all respects by the laws of Queensland;
b) Both parties agree that any legal action relating to FaxMate® services shall be done in Brisbane, Queensland
c) 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;
d) This agreement cannot be assigned or transferred and any right under this Agreement, any such attempt is void.
12. Privacy Policy
As a part of the FaxMate® privacy policy, FaxMate® does not save or store copies of faxes so FaxMate® is unable to forward or re-send any unread or unsent messages to clients or any third party.
For a full outline of the FaxMate® Privacy Policy refer to www.faxmate.com.au/privacy-policy
13. Customer Service Policy
If for any reason FaxMate® is unable to provide the service described, clients will be notified within two business days.
14. Dispute Resolution
Clients with disputes should contact 1300 76 4455, email or send a letter with the details of the dispute to the attention of our Managing Director. The dispute will be dealt with using the FaxMate® internal dispute handling policy.
15. SPAM
Based on express or inferred consent as per the Spam Act 2003, FaxMate® may send clients commercial electronic messages. The Australian Communications and Media Authority is responsible for enforcing the provisions of the Spam Act 2003.
16. Indemnification Policy
FaxMate® does not warrant that its fax service will be error free or uninterrupted. FaxMate® specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall FaxMate® be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients by using the service agree that they shall defend, indemnify, save and hold FaxMate® harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against FaxMate®, its agents, its customers, officers and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
Clients agree to defend, indemnify and hold harmless FaxMate® against liabilities arising out of:
1. Any injury to person or property caused by any products sold or otherwise distributed in connection with FaxMate server;
2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement
4. Any defective products sold to customer from FaxMate® servers.
FaxMate® shall be the sole judge of what violates these terms and conditions.
