 |
|
|
|
|
|
Terms l
General Terms and Conditions
|
1. General Terms and Conditions
These
are the general terms and conditions upon which Icommo bases its
services to its customers. These General Terms and Conditions
form part of the Standard Agreement between Icommo and a
customer.
2. Provision of Service
Icommo agrees to provide
Services to the customer based upon these General Terms and
Conditions, together with any specific terms and conditions set
out in the relevant Service Description and any other relevant
information that forms part of the Standard Agreement.
The customer acknowledges
that Icommo provides the Services through a combination of its
facilities and by the ultilisation of other suppliers of
networks and telecommunications services. The customer has also
relied upon its own judgment to evaluate the suitability of the
Services for the purpose for which it is required
In keeping with Icommo’s policy of product review, and to provide
customers with the most up to date services there may be changes
from time to time. Icommo reserves the right to change the
services at any time, without prior notice.
3. Variation of Service
A variation to the Services must be requested in
writing by the customer but Icommo is under no obligation to
vary the Services until such a request has been submitted and
Icommo has accepted and agreed. Icommo will charge for such
variations at the rates notified at the time of the change.
Icommo may also amend the Minimum Term, which applies to the
varied Service.
4. Service Level
Icommo at all times endeavours to provide customers with a high level
of service, however Icommo cannot guarantee that Icommo’s
services and that of our service providers will be continuous or
fault free.
Subject to the conditions set out below, if Icommo fails to deliver its
services to the agreed Service Level for any given month the
customer will be entitled to rebates that are set out in the
Service Level Agreement where applicable. Some of Icommo
services may not offer a Service Level due to the nature of the
service.
The conditions where the customer will not be able to receive a
rebate are:
(a) Force Majeure as described in Clause 16;
(b) A planned outage; or
(c) Where Icommo exercises its right to discontinue the services in accordance with Clause 8.
5. Equipment
Icommo will not provide the customer with any necessary equipment to access the elected service.
6. Period of Agreement
This Standard Agreement commences on the
Commencement Date agreed to by Icommo and will continue for the
Minimum Term as defined in the Service Description
and thence on a month-to-month basis unless otherwise
determined and agreed in the terms of this Standard Agreement.
7. Termination
A request to terminate the services of Icommo as the service
provider must be done in writing. The customer will remain
liable for any charges up to the date of cancellation. If termination of the service is made before the end
of the Minimum Term, the customer is still liable for the
recurring charge outstanding on the Minimum Term.
On termination, ownership of all geographical telephone numbers issued
by Icommo shall remain the property of the Icommo.
8. Discontinuation of Services
Icommo may discontinue/suspend or terminate this agreement, without
prior notice, should any of the following occur:
a) a breach of the terms and conditions of the Standard Contract.;
b) Icommo is unable to contact you at the notified address within a reasonable time period;
c) terms of payment are not met;
d) the credit limit is exceeded;
e) any information provided by the customer is incorrect;
f) Icommo has reason to suspect insolvency;
g) In the case of an individual, on
death, or on a filing for bankruptcy. In the case of a
partnership, on dissolution, or on filing for an application for
dissolution. In the case of a company, on filing of winding up
notice, or on appointment of an administrator.
h) in the event that there is any cause whatsoever to believe that the service provided by Icommo
is being used to contravene any law;
i) in a situation involving 'spam', or upon the cause of any nuisance in using any of the services,
Icommo shall, at its sole discretion, and without prior notice
withdraw services to the customer;
9. Charges
In accordance with the Pricing Schedule Icommo charges consist of a
set up fee, a recurring charge such as a monthly charge, and
usage based charges. These fees and charges will be invoiced as
follows:
a) Set up fee and recurring charge are payable in advance; and
b) Usage charges are payable in arrears on an agreed periodic basis.
10. Online Payments
When you order online, we need to have your name, e-mail address, mailing address, contact phone number, credit card number and card expiration date. This enables us to process your order and to notify you regarding its status. By its nature, we cannot guarantee that information transmitted on the internet is 100% secure. To reduce this risk, we use a secure server for online credit cards transactions with up to date encryption methods. Information on this secure server is not available to Icommo staff. However, these transactions are undertaken at your risk, as we cannot ensure the security of any information you transmit.
All online charges will consist of service charge or prepayment top up charge of your account. The minium prepayment top up charges will be $30.00 and will be automatically deducted from your credit card when your account balance falls to $0.00.
Prepayment top up charges will not be refunded on the cancellation of the services.
All prices quoted are excluding GST and any other applicable taxes. Icommo reserves the right to change prices at any time with one months notice.
11. Payment and Billing
a) Icommo will provide an itemised
invoice of charges made, to a customer’s account. Icommo will invoice customers on a monthly basis. Terms
of payment are 14 days from the invoice date. Some charges that do not appear on a monthly invoice may appear on a future
invoice due to unavoidable processing
b) Accounts not paid within the terms of payment lose any agreed discount on charges and will be
charged at standard rates for the proceeding month.
c) Icommo may also discontinue the service, without notice, if payment is not made on the due date.
d) All accounts that require an invoice in the mail will be charged an additional $1.50
processing fee per invoice.
e) Billing disputes must be made in writing and Icommo will address the dispute within 2 business
days of receiving such notification Whilst a dispute exists all payments must be made according to the terms of payment or the
service may be discontinued.
12. Credit Check and Limit
a) Icommo will require certain information in your application for this
service to proceed with a credit check. If we do not have
correct information such as; name, current address, drivers
licence number, etc., Icommo will not be able to assess your
creditworthiness and therefore will be unable to provide you
with this service.
b) The customer hereby authorises Icommo to access, from a
credit agency, a credit report containing personal information
on the customer.
c) The customer agrees that Icommo may seek information
about its credit arrangements from anyone that is named in the
credit report or on credit references submitted to Icommo.
d) The customer hereby authorises Icommo to seek information
concerning the customer’s financial standing from any third
parties, with the purpose of authorising third parties to supply such information,
regardless of any confidentiality or privilege which applies to
the information sought.
e) Icommo at its own discretion may enforce a credit limit
on a customer’s account. Icommo will notify the customer that
such a credit limit has been imposed. If a customer’s account
exceeds the credit limit and the customer has no security bond
or makes no extra payment then the service could be discontinued
without notice.
13. Use of Information
Information collected by Icommo may be used by Icommo only in accordance
with Icommo’s Privacy Policy which forms part of the standard
Agreement. The Icommo Privacy Policy is subject to change and
amendments to it will be always communicated and an updated
version held on the web-site at www.icommo.com.
14. Customer Use and Responsibilities
When using a service provided by Icommo there are certain conditions
of use that customers should be aware of as follows:
(a) Customers shall not transmit or cause to be transmitted
any material that is illegal, derogatory, racist, abusive,
threatening, obscene, hateful or in any other way objectionable
to others;
(b) Customers shall not use the service provided by Icommo to
'spam' or cause mischief to others;
(c) If a customer uses 'spam', or causes any nuisance using
any of the services, Icommo shall, at its sole discretion, and
without prior notice, withdraw services to the customer;
(d) In the event that there is any cause whatsoever to believe that the
service provided by Icommo is being used to contravene any law,
that service shall be immediately cancelled. Any such cancellation shall be at
the sole discretion of Icommo, and shall be done without notice
to the customer with no recourse to Icommo.
Further, Icommo does not take any responsibility for, and will not be
liable to any party for any of the following:
(a) Performance, security, reliability, and the customer’s
competence in the use of the internet, telecommunications
companies, and internet service providers in transmitting
information;
(b) Confidentiality of a customer’s usernames and
passwords;
(c) Use of the Icommo services by third parties, for any
reason. Customers are responsible for usernames and passwords
security, and must ensure that these are not disclosed to any
third party, for whatever reason;
(d) Security of any information transmitted on the internet;
Icommo hereby excludes all and any liabilities,
costs, damages, losses or expenses whatsoever which may be
claimed by you or any third party against Icommo in relation to
any matter whatsoever arising from this Agreement.
15. Exclusion of Liability
(a) The customer agrees and acknowledges that Icommo shall not be liable
for any claims of whatsoever kind or nature (including claims
for negligence) that might arise directly or indirectly out
of any act or omission, use or misuse of any of the services by
you or for anything else done or not done by Icommo. To the
extent this clause fails to fully and completely exclude any
claim and/or to the extent any third party might make any
claim against Icommo in any way related to your use or misuse of
the services or anything done or not done for you by Icommo then
you hereby indemnify Icommo against any and all liabilities
losses expenses and costs that might be suffered or
incurred by Icommo as a direct or indirect consequence of any
such claims being made.
(b) Icommo hereby excludes all and any liabilities, costs,
damages, losses or expenses of whatsoever kind or nature which
may be claimed by the customer or any third party against
Icommo including claims for negligence in relation to any matter
whatsoever arising from the Standard Agreement.
16. Other Service Providers
Icommo uses other Service Providers to provide customers’ services. At
certain times these providers may change their terms of the
service or discontinue the service. Icommo will
endeavour to avoid any disruption to the customer’s service,
however, Icommo will not be liable or responsible for any
liabilities, costs, damages, losses or expenses of whatsoever kind or nature that may occur in making necessary
amendments to our Standard Agreement to continue the service.
17. Force Majeure
Icommo
is not liable for any failure to perform, or for any delay in
performing any of its obligations under this Standard Agreement
where the failure or delay has been due to:
(a) strike or other industrial action;
(b) any act or omission by the customer or any third party, including
failures or delays by other suppliers;
(c) legislative or governmental prohibitions, restrictions, or delays in the
granting of approvals, consents, permits, licenses or
authorities;
(d) fire, flood, war or cable cut; or
(e) any other event beyond our reasonable control.
18. Governing Law
This Standard Agreement will be governed by and construed pursuant to
the laws of New South Wales, Australia and the parties thereto agree to submit to the jurisdiction of the Courts
of New South Wales, Australia in connection with any dispute relating to this Agreement.
|
|
|
|
|
|
|
|
