Disclosure NoticeThis disclosure notice is prepared in accordance with section 47A and 47B of the Fair Trading Act 1987 No 68 (NSW). The purpose of this notice is to:
- ensure that you are aware of the substance and effect of the terms and conditions associated with the services that we provide that may substantially prejudice your interests; and
- ensure that you are aware of any financial incentive that we may receive as a result of our transaction with you.
1. Failure to meet Service Levels: subject to any rights that you may have, for example, under the Australian Consumer Law, we are not liable for any failure to meet the Services Levels and any remedy you are entitled to receive will be limited to the remedy set out in the Agreement (clause 2.7);
2. Service interruptions: subject to any rights that you may have, for example under the Australian Consumer Law, we are not liable to you or any third party for any interruptions, delays, faults or errors whatsoever (clause 2.8);
3. Excessive or unusual use: if you use the Service in an excessive or unusual way, we may suspend or restrict the Service and you will be liable to pay any charges incurred as a result of the excessive or unusual use (clause 2.9(e));
4. Passing on of costs: if there is an increase in the charges imposed on us by our suppliers, we may pass these increases on to you (clause 3.5);
5. Payment: your obligation to pay an invoice is not affected by you being unable to use the Service, in whole or in part, to which the invoice relates (clause 4.5);
6. Disputed invoice: if you want to dispute an invoice you need to do so within 6 months of the date of that invoice and, except in the case of manifest error, you need to pay the relevant invoice in full (clause 4.10).
7. Indemnity: you will indemnify us for any loss that we suffer or incur, if you do not comply with your responsibilities and obligations under clause 5, except to the extent that we caused or contributed to the loss that we have suffered or incurred (clause 5.5);
8. Third Party Facilities: we are not liable for any loss that you suffer if your system or the system of a third party causes delays or interrupts the Service which is beyond our control (clause 5.7(d);
9. Liability limits: you have certain rights under the Australian Consumer Law that cannot be excluded (eg that services provided must be fit for purpose), but, to the extent we can, we limit our liability to either resupplying the service or paying the cost of resupplying (clause 9.3);
10. Cap on liability: our liability to you for any loss that you incur under the Agreement is capped at the amount of all of the fees that you paid (or are payable) in the 12 months before the particular event that caused the liability (clause 9.5);
11. Data sharing: we may share your personal information (or your customer's personal information) with our employees, contracts and agents as needed for us to perform the Services and enforce the Agreement (clause 12.2(a)); and
12. Commission or rebates: we may pay or receive commission or rebates in connection with the Agreement (clause 15.11).