Thank you for choosing to use our services. The following terms normally apply whenever we do anything for our business customers. Please call us 1300 132 739 if you have any questions about these terms. Different terms may apply to some services we provide for business customers, as we explain in these standard terms.
1.For the purpose of these Terms and Conditions, the Customer shall be that named in the Company or Company Name field of the PRODOCOM Account Application and Registration Forms, and PRODOCOM shall be PRODOCOM Pty Ltd. A.C.N. 092 645 817. The Service shall be the Mobile App, EDI, fax, email, sms, voice and online distribution services provided by PRODOCOM.
2.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.
3.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.
4.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.
5.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.
6.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:
i.The re-supply of services: or
ii.The cost of the re-supply of services and otherwise shall be limited to the maximum extent permitted by the legislation.
7.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.
8.Software Licence. Where PRODOCOM, without obligation to do so elects at its discretion to supply the Customer with Products, the Customer agrees and accepts the supply of the Products on the following terms and conditions:
i.For the purpose of this clause:
a.End User means any person that the Customer has authorised to use the Products;
b.Software means the access to the Customer of PRODOCOM's desktop or web based software;
c.Products means the software and related Products documentation.
ii.PRODOCOM grants to the Customer a non-exclusive and non-transferable license (License) to use the products. The Products may only be used by a End User who has completed either or both:
a.the Account Registration Form;
b.the Web Access Agreement.
iii.With the exception of the rights granted above, no right, title or interest in the Product will pass to the Customer.
iv.The Customer agrees not to sub-licence, assign, transfer, alter, decompile, disassemble, reverse engineer, create derivative works from or recreate the software in whole or in part.
v.This Licence will terminate immediately upon:
a.the Customer ceasing to be a customer of PRODOCOM in respect of the Services; or
b.breach of the terms of this Licence by the Customer;
c.Upon termination of this Agreement, PRODOCOM will remove all access of the Customer's staff to all PRODOCOM's Products.
vi.PRODOCOM does not warrant that the Software will be error free.
vii.To the extent permitted by law, and with the exception of third party claims relating to intellectual property infringement, PRODOCOM and the Customer each exclude all liability whether in contract, tort (including negligence) or otherwise in respect of this Licence and the use of the Software.
viii.Upon reasonable prior written notice, the Customer must provide PRODOCOM with sufficient information to enable PRODOCOM to independently verify that the number of licences granted to the Customer corresponds to the number of End Users.
ix.The parties acknowledge that PRODOCOM has executed this Licence.
x.This Licence is subject to the governing laws in the state of New South Wales.
9.These Terms and Conditions may only be amended by written agreement between PRODOCOM and the Customer.
Please report any fault by calling us on 1300 132 739.
Please call us (02) 9882 2449 during business hours if you have any questions about these terms or our charges, or if you need help with anything else.