1.    Introduction

1.1.      The parties to this legal agreement shall be: SMSwebinfo^TM and The Client.

1.2.      SMSwebinfo^TM offers to provide you (“The Client”) the use of SMSwebinfo^TM custom software (“The Custom Software”).

1.3        If SMSwebinfo^TM Custom Software is given to organisation/business at no fee, all Terms & Conditions apply.

2.    Fees and Charges (prices are inclusive of GST)

2.1.     SMSwebinfo^TM fees are as follows:

Package 1
SMSwebinfo^TM Custom Software Standard: $199.00
Annual Fee: $88.00
Annual Fees include hosting/data storage and software updates.
SMS Fees are charged to your customers Mobile Phone Invoice.
End User Fees: 55 cents per SMS to receive website information.

Unique Copy + Paste or Type Feature included.
 

Package 2
SMSwebinfo^TM Custom Software & Broadcaster: $199.00
Monthly Fee: $19.80 + $0.18cents per SMS for Broadcaster Usage
Monthly Fees include hosting and administration invoicing for broadcaster usage.
SMS Fees are charged to your customers Mobile Phone Invoice.
End User Fees: 55 cents per SMS to receive website information.

Unique Copy + Paste or Type Feature and
SMS Direct Marketing Tool Broadcaster included.

Package 3
SMSwebinfo^TM Custom Software & Broadcaster: $199.00
Monthly Fee: $19.80
SMS Message Rate of 18 cents per message
Monthly Fee’s include hosting and administration invoicing for all SMS usage.
SMS Fees are charged to the website/business owner.
Website/Business Owner SMS Fees: 18 cents per SMS.

SMS Direct Marketing Tool Broadcaster included.
(Set SMS Credit Limits to Suit your Budget)
 

2.2.     The Custom Software will be provided with all Broadcaster Usage messages paid for in full by The Client

2.3.     SMSwebinfo^TM will invoice the Client on a calendar month basis, and the Client agrees that payment will be made within fourteen (14) days of invoice date, by either:

2.4.     Payment may be made by:

2.4.1.         Cheque / Money Order / EFT (Electronic Funds Transfer)

2.4.2.         Or by Credit Card Payment / Telephone / Mail / Fax or via Pay Account.

2.5.     The Client agrees that SMSwebinfo^TM ’s records of usage are conclusive evidence of the Client’s order for, and use of the custom software.

2.6.     SMSwebinfo^TM may terminate access to SMS Messaging Service without notice if any payment due from the Client remains unpaid for a period of seven (7) days after the due date.

2.7.     The Client is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs incurred by SMSwebinfo^TM for enforcement of obligations and recovery of moneys due from the Client under these Terms and Conditions.

2.8.     The Client may cancel this contract/account by providing at least 30 days notice in writing to SMSwebinfo^TM . Set-up fees are incurred for new client account set-up, and for the development of the SMSwebinfo^TM custom software. All fees are non refundable. Should The Client choose to cancel their contract/account, they must pay out the monthly fees incurred for the month in which they decide to cancel. SMSwebinfo^TM may cancel this contract by providing 60 days notice in writing to The Client.

2.9.    SMSwebinfo^TM reserves the right to periodically adjust its rates in line with CPI (Consumer Price Index) and wage increases.

3.    Service Conditions and Guarantees

3.1.     SMSwebinfo^TM shall keep confidential any information sent by the Client using SMSwebinfo^TM and SMSwebinfo^TM ’s SMS Messaging Service (unless SMSwebinfo^TM is otherwise required by law to disclose such information).

3.2.     The Client does not prevent SMSwebinfo^TM from disclosing the existence of this agreement for the purposes of marketing SMSwebinfo^TM to current and future clients.

4.    Customer Obligations

4.1.     The Client agrees to comply with any instructions concerning access to and/or use of SMSwebinfo^TM ’s SMS Messaging Service that SMSwebinfo^TM may give to it from time to time and agrees not to do anything that may jeopardise the security or integrity of any part of SMSwebinfo^TM ’s systems or platforms.

4.2.     The Client accepts responsibility for all aspects of their Account, including the actions of all persons in possession of the Client’s username and password.

4.3.     The Client indemnifies SMSwebinfo^TM from all costs, liabilities, suits, actions or claims arising or in any other way connected with the Client’s use of their SMSwebinfo^TM account, or any other person using the Client’s username and password.

4.4.     The Client agrees not to transmit any information or material that violates State or Federal law, or transmit any material that is in contravention to any privacy or copyright rules or any other proprietary interest.

4.5.     The Client agrees not to use or seek to use the Service for publishing, reproducing or advertising any message, information, symbol or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person, or for any unlawful purpose.

4.6.     The Client agrees that the SMSwebinfo^TM custom software is to be used solely for the provision of general information to mobile phone users – and provision of Adult Content is specifically prohibited. The Client acknowledges that the Carriers and SMSwebinfo^TM may audit content of services from time to time and that a breach of this clause may result in termination of the SMSwebinfo^TM custom software.

4.7.     The Client and End User agrees to comply with any instructions concerning SMSwebinfo^TM and accepts not to do anything that may jeopardise the security or integrity of SMSwebinfo^TM’s systems or platforms.

4.8.     The Client and End User agrees not to transmit any information or material that violates State or Federal Law, or transmit any material that is in contravention to any privacy or copyright rules or any other proprietary interest or seek to use the services for publishing, reproducing or advertising any message, information, symbol or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person, or for any unlawful purpose.

4.9.     The Client agrees the license to use SMSwebinfo^TM is for one application per website only and is not to be used on multiple websites. Each Username and Password is deemed as one application. SMSwebinfo^TM will cancel all agreements with the Client without notice if they believe these condition have been breached.

4.10.    The client agrees not to use access to SMSwebinfo^TM services, connections, or facilities to:

- Circulate or send any unsolicited or unauthorized marketing, publicity or advertising material message to any person (including message that is designed to promote goods or services (“Marketing Message”) to any person unless that person has consented to receive the Marketing Message, has a means to opt-out of receiving such a Marketing Message and the Marketing Message clearly identifies the source or originating entity of the Marketing Message);

- Transmit computer worms;

- Access, any other SMSwebinfo^TM computer systems or networks without our consent or disrupt or damage any computer systems or networks;

- Forge any message; or

- send any obscene, sexually explicit, abusive or defamatory material or material that violates any Commonwealth, State, Territory or Local Law or Regulation or is contrary to any Code of Conduct issued by the Telephone Information Services Standard Council.

5.    Property Rights

5.1.     The Client agrees that SMSwebinfo^TM ’s software is protected by copyright and trademark and remains the property of SMSwebinfo^TM and may not be copied without prior consent in writing from SMSwebinfo^TM .

5.2.     SMSwebinfo^TM will withdraw all Services should it have reason to believe that the customer has been, or has been attempting to undermine the property rights of SMSwebinfo^TM .

6.    Disclaimer

6.1.     SMSwebinfo^TM (including their affiliates, directors, officers, employees, agents, contractors, successors or assignees) will not be liable for any loss or damage caused to the Client or anyone else howsoever arising as a result of using SMSwebinfo^TM ’s SMS Messaging Service. This includes but is not limited to loss or damage caused by loss or delay of message content or any loss caused by the negligence of SMSwebinfo^TM , their employees or contractors.

6.2.     SMSwebinfo^TM does not warrant that its SMS Messaging Service will be error-free or uninterrupted, or that transmission will be instantaneous.

6.3.     The Client acknowledges that there has been no reliance by it on SMSwebinfo^TM ’s skill or judgement or written or oral representations in deciding whether SMSwebinfo^TM ’s SMS Messaging Service are fit for a particular purposes or meet particular criteria.

6.4.     The Client acknowledges that the internet is not an inherently secure system and undertakes responsibility for the protection of its information and data.

6.5.     The Client acknowledges that the internet may contain viruses (including other destructive programs), which may, if not eliminated, destroy parts or all of the data contained within its system, and that SMSwebinfo^TM has no control over these viruses.

6.6.     SMSwebinfo^TM does not provide any filtering or checking of data to eliminate these viruses, and the Clients agrees to provide its own mechanism for checking its system for viruses, and to hold SMSwebinfo^TM harmless from any damage caused by viruses obtained through the Service.

6.7.     SMSwebinfo^TM reserves the right to change any promotion, when they deem necessary.

6.8.    SMSwebinfo^TM has the unconditional and irrevocable right to disclose the identity and address of the Client and any End User in the event of a complaint received from a regulatory or government body or licensed telecommunications carrier or Client or End User, in connection with services offered by SMSwebinfo^TM.

6.9.     The Client agrees to indemnify SMSwebinfo^TM in connection with any action, claim or demand which may be instituted against SMSwebinfo^TM arising out of:

- (against negligence) any wilful or negligent act or omission by The Client, it's employees, agents or contractors;

- (against infringement of Intellectual Property Rights) an actual or allegation that the Intellectual Property Rights of any person have been infringed by the use of The Client’s facilities; or

- (against customer claims) any Content sold by The Client whether or not the Claim is brought or made by an SMSwebinfo^TM Client or another party.

- Any indemnity in this agreement is a continuing obligation, independent of other obligations under that agreement and continues after the agreement ends. It is not necessary for SMSwebinfo^TM to incur expense or make payment before enforcing a right of indemnity under this Agreement.

6.10.   The client accepts that SMSwebinfo^TM is in part reliant on the Telecommunication Carriers and other 3rd Party suppliers (“Telecommunication Providers”) and The Client will not hold SMSwebinfo^TM liable in any way whatsoever for SMSwebinfo^TM’s inability to provide service as a result of faults that are the responsibility of the Telecommunication Provider. In the event of a Telecommunication Providers fault, SMSwebinfo^TM must, to the best of their ability, and upon written request by The Client, communicate in writing to The Client all relevant information relating to the Telecommunication Provider’s service fault to evidence the consequential damage.

6.11.    The Client will be responsible at all times for maintaining the security of its and its End User’s data, and SMSwebinfo^TM bears no liability for the loss or damage in part or whole, of such data, to the extent that such loss or damage has been caused or contributed to by The Client.

6.12.     SMSwebinfo^TM does not warrant that its SMS Messaging Service will be error-free or uninterrupted, or that transmission will be instantaneous.

6.13.     SMSwebinfo^TM Package 3 is a standard SMS service (No Registration needed, FREE for End Users), all SMS’s sent are subject to marketing.

6.14.     SMSwebinfo^TM reserves the right to increase or decrease SMS fee’s at any time, without notice and when we deem necessary.

7.    Termination

7.1.     SMSwebinfo^TM may terminate the Client’s Account if it believes that any of these Terms and Conditions have been breached, or on 60 days notice. The Client may terminate this Agreement on 30 days written notice to SMSwebinfo^TM .

8.    Legal Construction

8.1.     These Terms shall be governed and interpreted according to the laws of Victoria.

8.2.     In the event that any provision of these Terms and Conditions proves to be illegal or unenforceable that provision is deemed to be omitted from this Agreement without affecting the legality of the remaining provisions. The remaining provisions of the Terms and Conditions shall continue in full force and effect.

8.3.    SMSwebinfo^TM and other 3rd Party suppliers will not be liable for any delay or failure to perform its obligations under this Agreement due to any event beyond its reasonable control including an act of god, inclement weather, flood, lightning, fire, industrial action the act or omission of any government, terrorism, war, military operations or riot.
 

9.    Privacy

9.1.  SMSwebinfo^TM stores all of the information, relating to text messages sent to and from 19 767 932 and registered mobile users of SMSwebinfo^TM, in secure environments with reliable third party hosts and providers. The databases used by SMSwebinfo^TM have strict security controls in place to prevent unauthorized access to sensitive information by staff. SMSwebinfo^TM furthermore has a policy of only implementing agreements with third parties, which can agree the highest security and privacy standard. SMSwebinfo^TM will never sell, rent or disclose stored mobile numbers to any party unless they are required to do so by law or by a regulatory body. All websites (Clients) incorporating the SMSwebinfo^TM plug-in are also privy to SMS reporting from messages sent to and from their particular SMSwebinfo^TM application. Information for registered mobile users becomes the property of SMSwebinfo^TM and the Client.
 

10.   Liability

10.1. SMSwebinfo^TM, its employees, and its associated partners are not liable for actions caused by any information received from websites. Furthermore, SMSwebinfo^TM takes no liability for incorrect website information stored within the software on any Clients website. It is the responsibility of SMSwebinfo^TM’s Clients to keep their own information up-to-date within their SMSwebinfo^TM application, and in general on their website.