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Untitled Document
- For the purpose of these Terms and Conditions, the Customer shall be that named in the Company field of the Prodocom Account Application and Registration Form and Prodocom shall be PRODOCOM Pty Ltd. A.C.N. 092 645 817. The Service shall be the fax and email distribution service provided by Prodocom.
- These terms and conditions shall constitute the entire agreement in respect of the service. The first transmission sent by Prodocom on behalf of the Customer shall be the sole means of acceptance of the Customers application and sufficient notice of acceptance.
- The Customer warrants that all the details contained in the Account Application and Registration form are true in every particular. The Customer shall notify Prodocom promptly of any change in such details.
- The Customer shall pay Prodocom charges for services as specified in written price lists from time to time on a monthly basis, within 14 days from the date of invoice, unless otherwise agreed in writing by Prodocom. The Customer is responsible for paying all charges for all messages transmitted from any site where authorised identity tokens have been used. Without limiting Prodocom other rights or remedies, in the event that the Customer fails to pay any amount to Prodocom when due for payment. Prodocom reserves the right to instigate the option where the Customer shall pay interest to Prodocom, on such amount that the rate being 1% above the Westpac indicator Lending Rate, published from time to time calculated on the outstanding balance from the date payment falls due, to the date of payment in full.
- Prodocom shall use reasonable endeavours to ensure the continuity and efficiency of the Service at all times, but under no circumstances shall Prodocom, subject to Paragraph 6, be liable in respect of any claim (whether contractual, tortuous, statutory or otherwise) for any form of damages, loss, costs, injury or harm sustained or incurred by the Customer resulting in directly or indirectly out of the Services, or any failure of, or interruption or delay to the Service and including without limitation, damages, loss, costs, injury or harm in the nature of special, consequential, general, incidental or other damages or loss (including loss of revenue, loss of profit, loss of business or loss arising from claims by third parties) notwithstanding that Prodocom may be aware, or ought to have been aware of the possibility of any such damages, loss, costs, injury or harm.
- To the extent permitted by law, Prodocom disclaims all conditions and warranties, express or implied, in respect of the Service. If any condition, or warranty is to be implied in these terms and conditions pursuant to any legislation (including, without limitation, the Trade Practices Act, 1974) and legislation avoids, or prohibits provisions in a contract excluding, or modifying the application of, exercise of, or liability under, such condition or warranty. Such condition or warranty is deemed to be included in these terms and conditions, provided that the liability of Prodocom for breach of condition or warranty shall, if the legislation permits, be limited, at the sole discretion of Prodocom, to:
- The re-supply of services: or
- The cost of the re-supply of services and otherwise shall be limited to the maximum extent permitted by the legislation.
- The Customer hereby indemnifies and shall keep indemnified, Prodocom against all loss, damage, liability and expense of whatsoever nature incurred, or suffered by Prodocom as a result of any claim made, or proceedings instituted against Prodocom by a third party and arising out of the use of the Service by the Customer.
- These Terms and Conditions may only be amended by written agreement between Prodocom and the Customer.
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