Last updated: October 22, 2014
Thank you for using AutomatedCommunication.com.au
We may amend the Terms at any time as the result of a regulatory change or for any commercially reasonable reason. Our future performance of our obligations under the Terms is sufficient consideration for any amendment. Any amendment will become effective upon notice to the User, either by email or by posting it on the Website. If you do not agree to any amendments you must stop your use of the Website and terminate your Account. Any terms provided to you in any other form are null and void.
In order to create an Account, you must
- Be at least eighteen (18) years old
- Be able to enter into legally binding contracts under applicable law
- Complete the registration process provided via the Website.
- Provide true, complete, and current contact
- Agree to these Terms.
By using the Products, Website, AutomatedCommunication software, any service provided to Users by AutomatedCommunication, or any part thereof (collectively, the “AutomatedCommunication Services”) you represent and warrant that you meet all of the requirements listed above and that you will not use AutomatedCommunication to violate or circumvent any law or regulation. AutomatedCommunication reserves the right to refuse service, close your Account, and change these requirements at any time.
Users may purchase the ability to add additional users that have access to the Account (the “Additional Users”). Additional Users may have restricted permission to access some applications or tools, as determined by the User, which acts as the administrator for the Account.
The term of these Terms and the Agreements begins when you create a AutomatedCommunication account through Our Website (the “Account”), and continues so long as you use any portion of the AutomatedCommunication Services or have a paid subscription (a “Subscription”).
Closure of your Account and Cancellations
You or AutomatedCommunication may terminate these Terms at any time and for any reason by giving notice to the other party. AutomatedCommunication may suspend or terminate your access to the Account at any time, with or without cause. Suspension or termination of access to an Account will also disable the functionality of all products and services, including, but not limited to, any active links, emails, fax, SMS, voice, or hosted webpage content. In the case of links and webpage content, Automated Communication reserves the right to post a generic message indicating that the Account is currently inactive to any internet user that attempts to access such content.
Acceptable forms of notice to AutomatedCommunication.
To ensure that closure of your Account is processed correctly, you must provide notice to AutomatedCommunication via any interface we have provided in the subscription management tools in your Account. Alternatively, notice delivered tosupport@AutomatedCommunication.com.au will be considered effective upon Our receipt of your email containing at a minimum, your name, contact information (including valid phone number), and the ID of the Account being cancelled. Automated Communication shall have no liability to you for fees paid on Accounts that were not properly cancelled in accordance with these Terms.
Termination for violation of this Agreement.
If AutomatedCommunication chooses to terminate the Terms or the Agreements as a result of an action that We believe is a breach of these Terms or any part of any Agreement, we shall have no liability to you to provide any access to the Account, data from the Account, or a refund for any outstanding monetary balance associated with your Account.
Account and Password Access Information.
You are solely responsible to keep your Account login and password information confidential, this includes the usernames and passwords of any Additional Users. You shall be solely liable for any activity that occurs under your Account via the primary login information or via any Additional User login information.
We will accept the instructions of any individual who claims to be authorized to direct changes to your Account so long as they are logged in to the Account as a user with administrative permissions and perform those changes via the web interfaces OR if we are contacted via email or phone and provided with identifying information, as determined by Us in Our sole discretion, that adequately demonstrates they are a member of the organization listed in the Account or message contents, and indicates they have sufficient authorization to perform such a change. In the case of a dispute of Account ownership, the person with access to the primary email address on the Account will be considered the account holder. All disputes should be resolved externally In all cases you agree to notify Us immediately of any unauthorized use of your Account or any other breach of security.
Fees, Payments & Refund.
You are solely responsible for all charges, fees, taxes arising out of any use of your Account by you or anyone else using your Account. Automated Communication reserves the right to modify any fees, provided notice is given either by email or through the Website. Fees will be paid in advance of any services being provided.
All Fees are listed and charged in Australian Dollars.
Acceptable Payment Methods.
AutomatedCommunication currently accepts the following payment methods for all transactions via the Website and web interface:
- Visa and MasterCard Credit Cards via Paypal Payment via our website http://www.netoverdrive.com.au/payment.html
- Electronic Funds Transfer Payment(EFT)
Please use the following details for electronic payment. You must include the invoice number in the reference field and please also email us a receipt at firstname.lastname@example.org. Bank: Westpac
Account: Integral Connection t/a Network Overdrive
- Cheque Payment
If you would like to pay by cheque please make it payable to Integral Connection T/AS Network Overdrive. If possible include a copy of the invoice you are paying and post both to:Network Overdrive
PO Box 281
Coburg Vic 3058
Taxes. We currently collect and remit sales tax from our customers located in Canada. We determine your location based on the billing address provided when making a purchase on the Website. Prices listed on the Website do not include taxes. Taxes will be billed in the same currency as other fees processed from your Account.
Unless a Product purchased from AutomatedCommunication is a â€œpay as you goâ€ package, all packages are monthly and will renew on the same day of each month, or the last day of each month, whichever is sooner (a “Renewal”). Renewals continue until a Subscription is cancelled in accordance with these Terms.
Canadian Data Center Currency. Accounts located in Canada that are accessed via the URL http://app.AutomatedCommunication.ca will be charged in Canadian Dollars. In this case Section 5.1 does not apply.
Estimates for Delivery of messages.
In some instances, an application within the AutomatedCommunication Services may provide an estimate of the cost to deliver messages you have scheduled to the list of contacts you have provided (the “Estimate”). By using any application that provides an Estimate, you understand and agree to the following:
- Certain assumptions are made when providing the Estimate that may not be correct, but in any case could not be known to be incorrect until the message delivery has been attempted.
- AutomatedCommunication reserves the right to determine the final charge of each message sent. You will pay all fees AutomatedCommunication requests, regardless of any Estimate provided.
- You will pre-pay for any and all messages your Account attempts to send.
- If insufficient credit is on your Account, delivery of your messages may be delayed until payment is received.
- If the delivery of messages causes your Account to exceed the amount you have prepaid to Us, AutomatedCommunication reserves the right to charge any payment method on file for any outstanding balance on your Account.
Certain AutomatedCommunication applications may present the option to enable overages. If this option is enabled on your Subscription, the following additional terms will apply:
- Your Account will be allowed to exceed the number of pre-paid credit or contacts selected for the Account.
- Your Account will be invoiced an additional amount on
(a) the next Renewal; or
(b) when the Subscription is cancelled. If it exceeds the pre-paid amount.
- The additional amount invoiced will be 1.35 times the normal per contact or per credit value. The per credit or per contact value is determined based on the total monthly price of your current Subscription and the total number of credits or contacts available via the pre-paid plan. For example, if you purchase a 100 credit Subscription for a monthly price of $100.00, each credit will be deemed to have a value of $1.00. If the account were to use 10 extra credits, an additional charge of $13.50 will be added to the next renewal invoice.
In any case, an Account will not be permitted to exceed the lesser of:
- Two times the total number of credits or contacts available via the pre-paid subscription; or
- $5000 of outstanding overages.
Overages are enabled on a per application basis at Our sole discretion.
A User may be eligible for a full or partial refund in some limited cases. In general, there are no refunds for subscription fees paid to AutomatedCommunication.
Refund of unused services within 30 Days of first Purchase.
If at any time within the first 30 days of establishing your Account you are unsatisfied with any portion of the platform, you may be eligible to receive a full or partial refund of the fees you paid.
To receive a refund you must contact Us requesting the closure of your Account and indicate that you would like a refund under this clause.
- If you have received a refund of a first purchase under any AutomatedCommunication account previously, you are not eligible to receive a refund.
- If you have sent any SMS, voice, or fax messages, the maximum refund will be equal to the remaining credit on your Account.
- Refunds are made in the same currency and form as the payment being refunded.
Refund or Credit due to AutomatedCommunication Error.
In the event that an error occurs causing your Account to be billed incorrectly, and the fault is determined to be AutomatedCommunicationâ€™s, We will at your option;
- Provide a bill credit that will be deducted from your next regular Renewal; or
- Refund the full amount that was billed in error.
The above applies provided that you have not made use of any credit or features added to your Account as a possible result of the error. If you have made use of credit that was added to your Account as a result of the error then only the unused portion of the credit will be refunded.
Use of account Credit.
Some AutomatedCommunication Services make use of credit, which is expressed either in the form of pure “credits” where 1 application credit is deducted for each message from that application sent; or in the form of AUD amounts. Credit is purchased for use in individual applications only, and may not be transferred between applications.
Applications that use credit amounts will deduct 1 credit for each message for which some form of delivery is attempted.
The following applications make use of United States Dollars for tracking usage and billing purposes.
The following terms apply to the use of credit in the fax application
Credit is represented in terms of a USD charge for transmission
The cost per credit is presented in a non-binding estimate via the interface, based on the destination fax number.
Credit is deducted for each page of a fax transaction that AutomatedCommunication, in its sole discretion, determines is successfully delivered to a recipient.
A fax page is defined as whichever of the following has the greatest cost:
- A single physical page sent via fax
- Each 120 second increment spent sending a fax transmission, rounded up.
The following terms apply to the use of credit in the voice application
Credit is represented in terms of a USD charge for transmission.
Credit is deducted for each minute of voice transmission, rounded up to the nearest full minute that AutomatedCommunication, in its sole discretion, determines is successfully delivered to a recipient.
The cost per credit is presented in a non-binding estimate via the interface, based on the destination voice number.
No credit is deducted for a completely unanswered call.
For clarity, credit is deducted for a call answered either via an automated service, or by a human.
The following terms apply to the use of credit in the SMS application.
Credit is represented in terms of a USD charge for transmission.
Credit is deducted for each message that AutomatedCommunication attempts to deliver, regardless of if it is received by its intended recipient.
An SMS message is defined as:
- A block containing a maximum of 136 GSM 03.38 characters or;
- A block containing a maximum of 68 UTF-8 characters.
- When any single character is not able to be represented via GSM 03.38 all characters will be represented with UTF-8 characters
If a message would exceed the sizes listed above, it will be split into multiple SMS messages and credit will be deducted for each additional message sent as a result.
The cost per credit is presented in a non-binding estimate via the interface, based on the destination SMS number. Use of Contacts.
Some applications track the number of contacts used in their application processes. AutomatedCommunication, in its sole discretion, makes the determination of how many contacts have been used by a given application. Contact limits are present on a per application level.
A contact is an object added to the contact manager system, and identified by an internally granted AutomatedCommunication contact “ID”. No other factor determines the uniqueness of a contact.
An application will identify a contact as used as soon as it has processed its ID.
Contact use resets at each billing period.
Use of contacts in Email
The email application offers contact based plans, where unlimited email messages may be sent to a limited number of contacts. The following additional terms apply to these plans.
AutomatedCommunication reserves the right to limit the use of the application if an Account is sending, in AutomatedCommunication’s sole determination, higher than normal volumes of messages. In this event we may, at our discretion:
- limit the number of messages your Account can send;
- require you to modify your Subscription to better accommodate your usage; or
- terminate your Account.
Use of contacts in AutomatedCommunication 360
The AutomatedCommunication 360 product and AutomatedCommunication 360 System (collectively, “AutomatedCommunication 360”) allows contacts to flow freely between decisions and action nodes. As soon as a contact interacts with AutomatedCommunication 360 it will be counted as used. The following additional terms apply to Users who use AutomatedCommunication 360:
- AutomatedCommunication 360 grants the ability to have a contact move through a 360 project flow.
- AutomatedCommunication 360 provides the ability to send unlimited email transactional messages triggered via the 360 systems.
- Your Account must have sufficient credit or contacts of the appropriate type to make use of any other Products that are triggered by AutomatedCommunication 360.
Use of the Website or the Products
Who May use and No Resale
The Website and the Products shall be used for your personal or internal business (which includes civic or charitable) purposes only, in compliance with these Terms and the Agreements (including, without limitation, Section 5 hereof) and you shall not use the AutomatedCommunication Services for timesharing or service-bureau purposes or otherwise for the benefit of a third party. Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute any portion of the AutomatedCommunication Products, including any documentation provided in connection with the Website, the Products or AutomatedCommunication software, or any content, including but not limited to newsletters distributed to you by Us in connection with the Products or use of the AutomatedCommunication Services.