IT company provides IT solutions & IT services
in Australia. We are experienced & leaders
in Web site Development, Web Hosting,
Software development, Web SMS, IT solutions
& services.
The following are the
Terms and Conditions for the
use of ITCompany.com.au
Products and/or Services (“ITCompany.com.au
Products and/or Services” or
“the Products” or “the
Services”) by the User
(“User” or “Users”). Any
User accessing and using the
Products or availing the
Services and/or any part
thereof shall invariably be
bound by these Terms and
Conditions.
These Terms and Conditions
are valid, binding and
enforceable for all persons
that access the
ITCompany.com.au website,
the web pages or any part
thereof. Hence, if you do
not agree to be bound over
by these Terms and
Conditions, then you may not
use the ITCompany.com.au
website. The reasonable use
of the ITCompany.com.au
website shall automatically
bind the Users to this
agreement.
OUR SERVICES:
The Services offered by
ITCompany.com.au also
consist of, but not limited
to, the following: Domain
Registration, World wide web
hosting, SMS Core Messaging
Platform Access, Data
Encryption, Data
Transmission, Data Access,
and Data Storage, WAN
Solutions, Website
Templates, Multimedia
Presentation, Interactive
CD, Multimedia Marketing,
Internet Marketing, Search
Engine Optimization,
Software development and
wherever applicable, the
Synchronization Software.
ITCompany.com.au offers only
some of its Services free of
cost while others are
offered at a price. Most of
the price details are
mentioned prominently on our
web site. ITCompany.com.au
offers Application
Programming Interface (API),
Software Development Kit
(SDK), Tools like HTTP/S,
XML, SMTP and/or COM Object
Tool and/or SMPP Protocol to
connect to ITCompany.com.au
Core Messaging Platform.
These provide an easy,
efficient and flexible
option to integrate with the
User’s website/application,
facilitating auto-generated
SMS Text messages to be
delivered to the intended
recipients’ mobile phones.
ITCompany.com.au charges a
one-time setup fee for
activating such
connectivity.
ITCompany.com.au also
provides World Wide Web Site
hosting & Data storage
facility. ITCompany.com.au
reserves the right to
terminate or interrupt any
account in part or in full
without refund for violation
of these Terms of Services.
In all but the most extreme
or serious cases, good faith
attempts will be made to
resolve an issue without
interruption of service. In
cases where service has been
terminated or interrupted,
resolution will be handled
on an individual case basis,
at ITCompany.com.au's sole
discretion.
The Products and/or Services
are “AS IS” and are subject
to the disclaimers of
warranty and the limitations
of liability as found in
this agreement and which are
subject to testing by the
Users before entering into
this agreement.
ITCompany.com.au reserves
the right to change or
terminate the Services and/
or alter the Terms and
Conditions of this Agreement
at any time with/without
notice and/or with immediate
effect. All the fees paid to
ITCompany.com.au when such
termination occurs are
addressed in detail in the
sections below.
USER PRIVACY:
ITCompany.com.au respects
the privacy of the Users and
assures that it shall not
monitor, edit, or disclose
any personal information
about the Users or about the
User’s ITCompany.com.au
account, which includes all
of its contents, without the
User's prior permission.
However, this will not apply
if ITCompany.com.au has to:
Conform to the statutory
and/or legal requirements or
comply with the legal
process;
Protect and defend the
rights or property of
ITCompany.com.au;
Enforce this Agreement or
protect ITCompany.com.au
business or reputation,
including without
limitation, upon
termination, cancellation or
suspension of this Agreement
by ITCompany.com.au;
Respond to the request for
identification in connection
with the claim of copyright
or trademark infringement by
the Users or to a claim by a
third party that the Users
is using the Services in
connection with an
infringement, illegal or
improper activity; or
Act to protect the interests
of the Users or any others
in general
The User agrees that
ITCompany.com.au can access
his/her account, including
the message content, as
stated above or respond to
product specific queries or
technical issues.
The User hereby permits
ITCompany.com.au to send
him/her communication via
email/sms of any updates,
upgrades, notices, or any
other information that
ITCompany.com.au deems
important for the Users to
know, relating to our
Services.
4. USER OBLIGATIONS AND
DUTIES:
ITCompany.com.au expressly
prohibits any unauthorized
commercial use of the
Services. The User gives
irrevocable agreement to
abide by all the applicable
local, national and
international laws and
regulations and is solely
responsible for all acts or
omissions (that occur under
his/her account or
password), including
responsibility for the
content of any transmissions
through ITCompany.com.au.
ITCompany.com.au provides by
way of example, and not as a
limitation, the stipulation
that the Users agree not to,
directly or indirectly:
Reverse engineer,
de-compile, disassemble or
otherwise make any attempt
to establish the source code
or the underlying ideas or
algorithms of the Services;
Modify, translate, or create
distinctive and derivative
works based on the Services;
Copy (except for archival
purposes), rent, lease,
distribute, assign, or
otherwise transfer rights to
the Services;
Use Services for timesharing
or to the benefit of a third
party;
Remove any proprietary
notices or label(s) that
identify ITCompany.com.au
Services.
Use the Services in any way
connected to any chain
letters, junk sms text
messages, spam or any
unsolicited messages
(commercial or otherwise);
Harvest or otherwise
collect, information about
other Users, including email
addresses, without obtaining
their consent;
Transmit any unlawful,
harassing, libelous, or
abusive, threatening, and
harmful, or vulgar, obscene
or otherwise any
objectionable material of
any kind or nature;
Transmit any material that
is an infringement of the
intellectual property rights
or other rights of third
parties, which will include
any trademark, copyright or
right of publicity;
Defames or slanders any
person, or try to infringe
upon any person's privacy
rights;
Transmit any material that
may contain any viruses,
Trojan horses, worms, time
bombs, cancel bots, or any
other harmful or deleterious
programs;
Interfere with or disrupt
the networks connected to
ITCompany.com.au or violate
the regulations, policies or
procedures of such networks;
Attempt to gain unauthorized
access to the Products
and/or Services or to other
accounts, computer systems
or networks connected to
ITCompany.com.au;
interfere with another
User's peaceful use and
enjoyment of the Products
and/or Services; or Engage
in any other activity that
ITCompany.com.au could
believe may subject it to
criminal liability or civil
penalty or judgment.
ITCompany.com.au does not
allow any of the following
content to be stored on its
servers:
Illegal Material - This
includes copyrighted works,
and any material in
violation of any Federal or
Provincial regulation.
Adult Material - Includes
all pornography, erotic
images, or otherwise lewd or
obscene content. The
designation of "adult
material" is left entirely
to the discretion of
ITCompany.com.au.
pirated software - pirated
software, cracking/hacking
tools - includes
software/techniques used to
crack or hack any software
network.
Other - Web sites that
contain material that is
intentionally offensive to
racial minorities are not
permitted. Sites that are
found to contain such
offensive content will be
closed.
Email Server Policy:
ITCompany.com.au reserves
the right to block incoming
email from any remote SMTP
relay at any time for any
reason. If a remote SMTP
relay is misconfigured,
spammers will often exploit
the remote relay to send
thousands (sometimes
millions) of spams. If a
spammer is abusing a remote
SMTP relay to mail bomb
domains at ITCompany.com.au,
ITCompany.com.au will
immediately block the IP of
the SMTP relay that the
spammer is abusing.
ITCompany.com.au also
subscribes to multiple RBL's
(real-time blocking lists)
to automatically block known
open SMTP relays and known
spamming relays. While this
policy dramatically reduces
the amount of spam sent to
ITCompany.com.au, this may
inadvertently block some
legitimate email.
Domain Name Policy :
Domain names owner are
distinguished by their email
addresses. The person having
the control over email
address (Email associated
with the account having
domain name) is the
considered the ultimate
owner of the domain. Owner
transfer can only be
initiated by the person who
is the current owner of the
domain.
All domains that are not
paid within 1 month of
registration/renewal are
transferred in favor of
ITCompany.com.au. A transfer
fee (minimum 5 times the
cost of domain name
registration) is charged if
such domains are reclaimed
by actual owner. If unpaid
domains are not claimed
within 2 months of
registration/ renewal no
claims will be valid for
ownership of the domain and
ITCompany.com.au will be
sole owner of the domain.
5. PAYMENT FOR THE PRODUCTS
AND/OR SERVICES:
All accounts are set up on a
prepay basis.
ITCompany.com.au reserves
the right to change prices
of accounts or services at
any time. In case of Web
Hosting, Payment is due each
anniversary year / month
following the date the
account was established.
ITCompany.com.au reserves
the right to suspend
services until the
outstanding debt is cleared.
No bills or invoices will be
sent by regular mail. All
invoices will be sent
directly to customers via
email.
In consideration for the use
of AB Services, the Users
agree and shall pay to
ITCompany.com.au a sum
called a set-up fee or
transaction fee or
subscription fee (as
appropriate), at the
prescribed and applicable
rate then in effect.
ITCompany.com.au may, from
time to time, and at its own
discretion, offer different
promotional schemes during
which no fees or reduced
fees may apply. During such
promotions, all provisions
of this Agreement shall
remain in full force and
effect.
All fees are payable
upfront. Upfront payment
refers to payment that is
made within a reasonable
time to allow
ITCompany.com.au to
activate/upgrade the
account, provide access to
specific feature(s) and/or
add credits to the User's
account.
ITCompany.com.au may take
anything between 12 hours to
24 hours, after the payment
has been realized, to
activate/upgrade the
account, provide access to
specific feature(s) and/or
add credits to the User's
account. ITCompany.com.au
reserves the right to
approve Users at its sole
discretion.
No refunds will be made in
any case for any fees
already collected like
branding (Sender
Name/Number) fees, one-time
setup fees,
license/subscription fees,
monthly administration fees,
and any other such fee that
the Users may pay to
ITCompany.com.au.
From time to time,
ITCompany.com.au may revise
its prices for its Products
and/or Services.
ITCompany.com.au undertakes
to notify the Users of such
adjustments within a
reasonable time frame prior
to implementing such
adjustments, unless the
prices are adjusted due to
reasons, which are beyond
ITCompany.com.au control.
The Users expressly
understand that the number
of credits consumed to
terminate to a specific
destination network may
change due to various
factors, and that
ITCompany.com.au may adjust
this number whenever it
deems necessary to do so,
with or without prior notice
to the Users.
7. LIMITATIONS OF THE SMS
SERVICES PROVIDED:
SMS Messages will be
considered as delivered when
ITCompany.com.au has
delivered, or sent the
messages to the immediate
destination that
ITCompany.com.au Core
Messaging Platform has been
programmed to do, which
include SMPP/SMTP servers,
or Mobile Telephone
Networks. In addition, any
other intermediary server or
API is also deemed to be the
point of dispatch of the
message. ITCompany.com.au
does not extend guarantee of
delivery on behalf of the
Mobile Telephone Networks or
Servers.
Although ITCompany.com.au
makes all efforts to ensure
delivery and prides itself
on speedy delivery of
messages, messages may be
delivered late as a result
of queuing or network
congestion/traffic.
ITCompany.com.au lays no
claim to its network
coverage. Although
ITCompany.com.au focuses on
giving extensive coverage
aggregation services, the
mobile networks may choose
from time to time to not be
a part of ITCompany.com.au
or of its Service Providers'
Networks. This may lead to
messages not being delivered
to those particular
networks. Though
ITCompany.com.au makes all
possible efforts to inform
the Users of
non-availability of a
network as soon as it is
aware of the same, there can
be networks appearing on the
Coverage List but
ITCompany.com.au is unable
to deliver to.
8. TERMINATION, CANCELLATION
AND/OR SUSPENSION OF USER
ACCOUNT:
ITCompany.com.au continually
makes efforts to improve all
of its existing Products
and/or Services, apart from
adding new ones, resulting
in frequent updates or
modifications. Such changes
often dictate that we
simultaneously modify our
Terms and Conditions. Hence,
ITCompany.com.au shall have
the right to modify any or
all the terms of this
Agreement and to change or
drop any aspect or feature
of the ITCompany.com.au
Products and/or Services, as
it deems reasonably
necessary. Such changes
shall be effective
immediately upon posting of
such addition, change or
deletion. Any use by the
Users of the Products and/or
Services after any such
change has been posted,
shall be construed as the
acceptance of the change. If
the User is not agreeable to
any such change, the
relevant Product and/or
Services or the User
account, may be cancelled in
accordance with the
procedures for cancellation
set forth in this Agreement.
The Users acknowledge their
responsibility to read and
review this Agreement from
time to time and also to be
aware of any such changes.
This Agreement and the User
account can be terminated,
canceled and/or suspended by
ITCompany.com.au at any time
if, in ITCompany.com.au's
sole discretion, the User
has breached the Terms of
this Agreement. Such
termination, cancellation
and/or suspension by
ITCompany.com.au shall come
into effect immediately
after giving notice by
ITCompany.com.au to the
Users in any reasonable
manner, including but not
limited to, notification by
email/sms. In addition,
ITCompany.com.au has the
right to recover any and all
damages from the Users
arising from or relating to
the event(s) giving rise to
the suspension, termination
or cancellation.
ITCompany.com.au reserves
the right to suspend the
User's account at any stage
for any reason that it may
deem necessary in order to
continue to provide any of
its Products and or Services
in a way that may be
hindered by the User's
status as being a
ITCompany.com.au User, or
the financial status of the
User or the content of the
messages originating from
the User.
In the event that
ITCompany.com.au has cause
to receive complaints from
recipients or third parties
with respect to the use of
the Products and/or
Services, ITCompany.com.au
additionally reserves the
right, in its sole
discretion, to disclose any
and all information to the
recipient, applicable
authorities or any other
related party with regard to
its Users.
The User has the right and
is free to terminate or
cancel this Agreement and
his/her ITCompany.com.au
account at any time and for
any reason. The User only
has to intimate
ITCompany.com.au by sending
an email of this intention.
However, it is to be noted
clearly that any sum or
pre-paid credit amount
remaining pending at the
time of cancellation of this
Agreement shall not be
repaid to the User.
Upon the termination,
cancellation and/or
suspension of this
Agreement, the Users remains
responsible for any
obligations that have been
accrued including, but not
limited to, payment of any
costs or charges, including
legal obligation that may be
arising in connection with
such termination,
cancellation and/or
suspension, and payment of
all outstanding transaction
fees for use prior to said
termination, cancellation
and/or suspension occurs.
Upon termination and/or
cancellation, for any
reason, the User agrees to
immediately cease using
ITCompany.com.au Products
and/or Services and removes
all the ITCompany.com.au
software and applications on
any computer, database, and
server (local or remote) in
its possession or under its
control. ITCompany.com.au
shall have no obligation
whatsoever to the User after
the termination or
cancellation of this
Agreement.
9. WARRANTIES AND
LIABILITIES:
While it is to be understood
that ITCompany.com.au shall
make all efforts to ensure
that the Products and/or
Services are reasonably
available, through the
required access protocols,
and shall endeavor to
maintain connections to as
many Aggregators, Gateways
and Carriers as are, in its
discretion, commercially
viable, the User
acknowledges that
ITCompany.com.au cannot
guarantee the availability
of the Products and/or
Services at all times and
all locations. The User
expressly acknowledges and
agrees that the use of the
Products and/or Services is
generally at its own risk
and that ITCompany.com.au
Products and/or Services are
being provided "AS IS" and
"AS AVAILABLE" without any
warranties or conditions
whatsoever, express or
implied.
ITCompany.com.au does not
make any warranties or
representations that the
ITCompany.com.au website
shall be available at all
times. Users acknowledge
that the ITCompany.com.au
website may be unavailable
due to updates or other
causes beyond the reasonable
control of ITCompany.com.au,
including, but not limited
to virus infection,
unauthorized access
(hacking), power failure or
other "acts of God".
ITCompany.com.au cannot and
will not be held liable for
any problem incurred while
any service with
ITCompany.com.au. By service
with ITCompany.com.au, you
assume any and all risk for
possible downtime and other
server/connection related
problems. If you are not
willing to assume this risk,
you should not host with
ITCompany.com.au. While
ITCompany.com.au makes every
possible attempt to maintain
the highest possible level
of uptime & covering all
expects, ITCompany.com.au
will not under any
circumstances make any
expressed or implied
guarantee for any specific
level of uptime.
Though ITCompany.com.au
shall take all reasonable
caution about the quality
and accuracy of content
available from the
ITCompany.com.au website,
ITCompany.com.au does not
make any warranties or
representation that the
content available shall in
all cases be true, correct
or free from any errors. The
information, ideas and
opinions expressed on the
ITCompany.com.au website
should not be regarded as
professional advice or the
official opinion of
ITCompany.com.au, and Users
are strongly encouraged to
consult professionals before
taking on any course of
action that is related to
the information, ideas or
opinions expressed on the
ITCompany.com.au website.
ITCompany.com.au is under no
legal duty to encrypt any of
the content or
communications from and to
Users and is also under no
legal duty to provide the
digital authentication of
any pages on the
ITCompany.com.au website.
ITCompany.com.au (which also
includes its owners,
employees, suppliers,
services providers,
partners, licensors,
affiliates and agents) shall
in no event be held liable
to the Users or anyone else
for any inaccuracy, error or
omission in, or loss, injury
or damage caused in whole or
in part by the failures,
delays or interruptions of
the Products and/or Services
generally, and any aspect
ancillary thereto; the User
agrees to indemnify
ITCompany.com.au for any and
all third party claims
arising from any such or of
the failures, delays or
interruptions in connection
with regard to use of the
Products and/or Services.
These Terms and Conditions
constitute the whole
agreement between
ITCompany.com.au and the
User and neither party shall
be bound by any
undertakings,
representations, warranties,
promises or the like not
recorded herein.
NOTE: ITCompany.com.au
reserves the right to revise
its policies at any time.
