Representation: If you are acting on behalf of a corporate entity, you hereby represent that you are authorized to bind such corporate entity. If you do not wish to be bound by these terms do not access or use the Service. These terms and conditions represent an agreement entered into between yourself and Comnicate Pty Ltd. (COMNICATE). COMNICATE reserves the right, in its sole discretion, to modify these terms or the Service fees at any time, effective upon the date COMNICATE posts revised terms or fees on its web site. Your continued use of the Service constitutes your binding acceptance of these terms including any changes or modifications that COMNICATE may make.
Accurate Information: You agree to: (1) provide true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
Account Access: To access or use the Service or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or pass phrase. You authorise us to process any and all account transactions initiated through the use of your login name, account number, password and/or pass phrase. You are solely responsible for maintaining the confidentiality of your login name, account number, password and pass phrase. You must immediately notify us of any unauthorised use of your login name account number, password or pass phrase, and you are responsible for any unauthorised activities, charges and/or liabilities made on or through your login name account number, password or pass phrase. In no event will we be liable for the unauthorised use or misuse of your login name, account number, password or pass phrase or security authentication option.
Right of Refusal: We reserve the right to refuse to open an account or provide you with access to the Service. In the event we do not open an account or provide access to the Service, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to open your account or provide access to the Service.
Use of Service: The Service is provided by COMNICATE to you subject to the condition that you hereby undertake not to abuse or make fraudulent use of the Service, which abuse or fraud will include any illegal or unlawful activity, the collection, development or distribution of malicious code; hacking or cracking activities; the uploading of pornographic and/or copyright protected material and/or material that infringes any other person’s rights.
Upon payment of the applicable fee you will be provided with access to the activation server and one or more user accounts (depending on the Service selected), provided that such user accounts must be assigned to and used solely by you or your employees. User accounts may not be used by or assigned or provided to third parties who are not your employees. You and/or your employees will be entitled to access and use the Service solely on your behalf. You agree that the administrative contact for any services provided to you (including, but not limited to, software registration and activation services) is your agent with full authority to act on your behalf with respect to such services, including (but not limited to) the authority to terminate, transfer (where transfer is permitted by the Agreement), or modify such services, or purchase additional services. You agree that your use and access to the Service will at all times be in accordance with all applicable laws and regulations of application and applicable to such use and access of the Service.
Service Provisioning: You may electronically access and use the Service 24-hours a day, 7-days a week, but excluding periods for maintenance and downtime. COMNICATE’s goal is to ensure timely activation of the Service; however, COMNICATE cannot and does not guarantee that activations will be processed within specified timeframes.
COMNICATE will not be liable, and you will not be entitled to a refund, for service outages, including, but not limited to those caused by or related to maintenance issues, servers, the technology that underlies the Service, failures of COMNICATE direct or indirect service (including, but not limited to, telecommunications, hosting and power), computer viruses, natural disasters or other destruction or damage to COMNICATE facilities, acts of nature, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather condition, third party interference or other causes beyond COMNICATE’s reasonable control. COMNICATE reserves the right to restrict, suspend or terminate your access to and/or use of all or any part of the Service at any time and for any reason valid in law. COMNICATE reserves the right to restrict, suspend or terminate any Free Plan accounts that the company in its sole opinion deems inactive.
Support: COMNICATE will provide reasonable customer support service via an online support portal (“Support Services”) Monday through Friday, from 9:00 a.m. until 5.30 p.m. (GMT and EST). All Support Services will be limited to issues surrounding the issuance of activations and usage of features of the service. The Support Services will be provided only to a single individual who is designated by you as your “Administrator”. COMNICATE will not provide support to your end users and you are responsible for all such support.
Term of Agreement: This Agreement will commence on the date you register for the Service and will continue for the duration of the contract provided. COMNICATE also reserves the right to terminate this Agreement earlier for any reason valid in law or in terms of this Agreement. In particular, if you fail to pay fees due and owing, you will immediately be denied access to and/or use of the Service. Comnicate reserves the right to terminate an account at any time and without notice. Customer Reference: COMNICATE may include your company name in a list of Service customers and reference you as a customer.
Fees and Taxes: As consideration for the granting of access to the Service, you agree to pay COMNICATE the applicable service fees (except for free accounts where there is no fees) set forth on our web site at the time of activation, or, if applicable, upon receipt of your invoice from COMNICATE. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal. All fees are due immediately and are non-refundable. All fees are in Australian Dollars and are non-refundable. All fees include taxes where applicable. If COMNICATE is required to pay any Sales Tax, GST, VAT, or other taxes in connection with the Service, other than taxes based on COMNICATE’s income, such taxes will be billed to and paid by you.
Agents: You agree that, if your agent, (e.g., your administrative contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorised actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorised to apply for our services on your behalf, that he or she is authorised to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorised to act on your behalf. In addition, you are responsible for any errors made by your agent.
Privacy: Our privacy statement is located on our company web site at http://www.comnicate.com/ and is incorporated herein by reference. The privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. We and you acknowledge that if you do not agree to any such modification, you may terminate this Agreement.
Third Party Information: You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected, (ii) the intended recipients or categories of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing out-dated, incomplete or inaccurate information.
Proprietary Rights: COMNICATE and its licensors shall own all right, title and interest to the Service and the Software, technology, information, code or documentation provided to you in terms of this Agreement, including all portions, copies or modifications thereof. Except as expressly provided herein, no licences of any kind are granted hereunder, whether by implication, estoppel or otherwise.
Copyright: The Service and Software is owned by COMNICATE and/or its Licensors and is protected by United States copyright laws and any applicable international treaty provisions. You may not remove any copyright notices from any copy of Software or other materials which are provided to you when using the Service. Security and Copy Protection: COMNICATE shall have reasonable protection in place to minimize the risk of data or information becoming lost or accessed in an unauthorised manner while you are using the Service. COMNICATE does not guarantee the security of the Service and COMNICATE will not be responsible in the event of any infiltration of its security systems. You acknowledge that all security and copy protection systems are inherently fallible.
Third Party Control: The flow of data over the Internet depends in large part on the performance of connections and services provided by third parties. Failure of these parties to perform their services correctly can disrupt Internet sessions. COMNICATE cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events. Information You acknowledge that, in providing the Service, COMNICATE could rely upon information, instructions and services from you, your employees and agents and other third parties. You fully assume the risk associated with errors in such information, instructions and services provided that COMNICATE has accurately transmitted data and/or complied with your instructions.
Email: Please ensure that you conform to any laws relating to communications with End Users when utilising the Service, such as the CAN-SPAM act. Check that your emails have the correct contact details and format to comply fully with the law. Force Majeure Neither party will be liable for any failure or delay in performing any obligation under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts, omissions laws or regulations, labor strikes or difficulties, communications systems breakdowns or failure of the Internet, hardware or software failures (other than those attributable to the party hereto that has failed to perform hereunder), transportation stoppages or slowdowns or the inability to procure supplies or materials. If any of these causes continue to prevent or delay performance for more than 14 days, the affected party may terminate this Agreement, effective immediately upon written notice to the other party. Notwithstanding the foregoing, this Section shall not apply to requirements to make payments.
Relationship of Parties: You and COMNICATE are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent or legal representative of COMNICATE. No Third-Party Beneficiaries There are no third-party beneficiaries of this Agreement. Disclaimer of Warranty COMNICATE PROVIDES THE SERVICE “AS IS” AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. YOU ACKNOWLEDGE THAT COMNICATE HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY. YOU ACKNOWLEDGE THAT COMNICATE HAS NOT REPRESENTED THAT THE SERVICE WILL PREVENT ALL UNAUTHORISED USE OF YOUR SOFTWARE PRODUCTS. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY RESPECTING THE SERVICE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES BY ANY OTHER COMNICATE CUSTOMER OR USER OF THE SERVICE.
Limitation of Liability: IN NO EVENT WILL COMNICATE OR ITS LIABILITY TO YOU ARISING OUT OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCESS THE SERVICE. IN NO EVENT WILL COMNICATE HAVE ANY LIABILITY TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOST BUSINESS OPPORTUNITIES OR PROFITS, FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER COMNICATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. COMNICATE and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorised use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or our web site; (8) loss or liability from your inability to use the Service; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorised modification to your account record or your agent’s failure to pay any fees, including the initial registration fee or re-registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in SSL, HTTPS, or any other standard not under COMNICATE’s sole control, or relating to customer-requested generation and transmission of a subscriber’s private key. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not fully apply to you. In such states, our liability and that of our third party providers and their respective agents shall be limited to the greatest extent permitted by law. Jurisdiction You agree that any action at law or in equity arising out of or relating to these terms or our company or products and services will be governed by the laws of the State of Victoria, Australia and you submit to the jurisdiction of the courts of the State of Victoria, Australia. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods. Miscellaneous: You may not rent, lease, or lend the Service or Software. You may NOT permanently or temporarily transfer ANY of your rights under this Agreement to any individual or entity. You may assign or transfer (by law or otherwise) your rights hereunder to another, person entity or affiliate company only having first obtained written consent from COMNICATE. You acknowledge that COMNICATE owns all right title and interest to the Service and Software Entire Agreement This Agreement constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and COMNICATE with respect to the Software and the Service and may be modified only in writing by both parties. No term or condition contained in your purchase order will apply unless expressly accepted by COMNICATE in writing. Failure to prosecute a party’s rights will not constitute a waiver of any breach. If any provision of this Agreement is found to be invalid, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. This Agreement has been written in the English language and you waive any rights you may have under the law of your country or province to have this Agreement written in any other language.
PRIVACY: The Comnicate Media privacy statement discloses the privacy practices for www.comnicate.com. If you have questions or concerns regarding this statement, please contact us by email here. Information Collection and Use Comnicate is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Comnicate collects information from our users at several different points on our web site. Information You Upload into Comnicate Comnicate offers self-service for businesses of all sizes. All client data uploaded into our system is stored in a personalised and secure location. Comnicate will not sell or rent any client data loaded into our system and only the registered account holder can gain access to information. Registration: No registration is required to view the Comnicate web site. Cookies A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our general web site. Once the user closes their browser, the cookie simply terminates. We use session-based cookies to determine general effectiveness of marketing campaigns. In such cases, we increment an aggregate number indicating success for that marketing campaign, but do not tie it to any of your personally identifiable information. If a user rejects the cookie, they may still use our entire site. Log Files We use IP addresses to analyse trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Sharing We may share aggregated demographic information with 3rd parties in the case they would like to know aggregate demographics of our audience. This is not linked to any personal information that can identify any individual person. We do not share personally identifiable information with 3rd parties. Links This web site contains links to other sites. Please be aware that we Comnicate are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Comnicate.com.
Security: This web site takes every precaution to protect our users’ information. When users submit sensitive information via the web site, your information is protected both online and off-line. This security is enhanced by our use of firewalls protecting all of the Comnicate servers. We also do everything in our power to protect user-information off-line. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job (for example, our customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every month, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the physical servers that we store personally identifiable information on are kept in a secure collocation facility, within locked cages that only Comnicate network administrators have access to. This facility provides security 24 hours a day, 365 days a year and guarantees our servers against power outages by using automated backup power systems. If you have any questions about the security at our web site, you can send an email here.
Legal Disclaimer: Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site. If you have questions or concerns regarding this statement, please contact Comnicate by email here.