For the purposes of these Terms and Conditions, the Supplier is Simtex. The Customer is you or your company as is specified on the account. The Supplier will provide the Customer with the Services specified on the application form on the site www.simtex.com.au, subject to the following terms and conditions, and governed by the laws of Western Australia. Acceptance of an application with Simtex automatically constitutes acceptance of the following Terms & Conditions.
Fees and Charges
- You are responsible for all fees and charges incurred using the Services.
- You are responsible for all fees and charges incurred by using your internet account, including all telecommunication charges and online purchases.
- The Supplier may vary the account types, fees & charges at any time. Notification of such will be posted on the web site.
- All invoices will be payable in advance of the “Due Date”. An automatic reminder will be sent to the Customer’s specified email (unless otherwise specified), and shall be deemed received by the due date.
- If the Customer defaults in the payment of any monthly account, then all monies owing to the Supplier shall be immediately due and payable and:
A. The debt will be subject to collection charges which will Ipso Facto be added to the account, and interest at the rate under section 32 of the Supreme Court Act 1932 will be claimed up to and including the date on which the debt is paid in full, and;
B. All expenses incurred by the Supplier in recovering the monies due, inclusive of solicitors charges, all debt collectors fees and disbursements, any costs in relation to security documents, and any fees on dishonour, shall be a debt due and owing by the Customer, payment of which is hereby and herein guaranteed under any and all circumstances.
- In the case of a Trust, the Customer guarantees that the assets of the Trust will be available to pay any amounts of money due and owing by the Customer to settle the Suppliers’ accounts.
Cancellation & Refund
- You may cancel your account at the end of a billing period by giving notice in writing, prior to receiving an invoice for the next invoicing period. If the Customer does not pay the monthly access account by the “Due Date”, the access will be cancelled. If the Customer provided a direct debit authority, it will be debited upon renewal unless instruction is received in writing to cancel the debit, prior to the next invoicing period. The Supplier reserves the right to take legal action to recover any unpaid fees, as stated in “Fees and Charges”. If the Customer cancels the account for any reason, there is no entitlement to any refund except to the extent that the Supplier is required to by law.
- The Supplier reserves the right to disconnect the Customer’s Services temporarily if the Service has been used excessively or for any illegal purpose. The Supplier is not responsible for disconnections relating to third party sources or acts of nature, and will provide reasonable assistance.
The Customer should take care that all passwords are kept secure so that others cannot use the account(s).
The Supplier will not disclose any information given, but reserves the right to give such information to the State or Federal police, or relevant Government authority when properly subpoenaed or compelled by law to do so.
The Supplier reserves the right to monitor and control Services at all times.
The Customer is not permitted to use the Services to transmit any offensive matter (meaning such things as pornography, incitement of racial hatred, the acquisition of prohibited substances and excess violence etc.)
The Customer is not allowed to use the any of the Supplier’s Services for illegal activities such as copyright violations, defamation or fraud, for interfering with or disrupting other users’ Services, or for sending mass email, or “spam”. The Customer is not permitted to tamper with or attempt to tamper with the Supplier’s or any other user’s Services.
The Customer will indemnify the Supplier against any and all liability to third parties if these conditions are breached.
The Customer is solely responsible for the use of the signed account. The Supplier cannot protect the Customer against computer viruses, hacking or other security issues.
The Supplier does not accept accounts from persons under the age of 18, so if the Customer is allowing a minor to use the account then the Customer is legally responsible for supervising their usage.
The Supplier provides free telephone support to registered account holders only, in respects to internet connections. Software support may be supplied in good faith, but the Supplier will not be responsible for claims of loss or damage. Due to this service being free, it cannot be extended to returning calls to mobile phone numbers, and is restricted to advertised hours.
The Supplier has the sole discretion to cancel any Customers’ account because of a breach of any terms or conditions within this agreement.
- The Supplier shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from the use or the inability to use the Services or from any goods or service purchased or obtained or message received or transaction entered into through Simtex or from unauthorised access to or alteration of your transmission or data to your e-mail address, even if we have been advised of the possibility of such damages.
- We are not liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
Regardless of any application to the contrary, the operations of the Supplier are governed by the Laws of Western Australia, and any action instituted by the Supplier against the Customer, and/or any action instituted by the Customer against the Supplier, will take place under the Laws of Western Australia, and in the Courts, (regardless of the amount) which are located in the City of Perth.
- These Terms and Conditions are subject to change without notice.