Team Anywhere - Terms & Conditions  

1 Interpretation

"Authorised Contact" means the single user who has authority to make requests, order, amend or cancel services. “Quincerto” means Quincerto Group (AUS) Pty Ltd
"Customer" means the applicant named on the Order Form and anyone reasonably appearing to Quincerto to be acting with that person's authority or permission.
"Service" means the services that Quincerto have agreed to provide to the customer.
“Us” or “we” means Quincerto Group (AUS) Pty Limited.

2 Duration

2.1 This Contract begins on the date that the Customer completes the registration process and will continue until terminated in accordance with this Contract.

3 Provision of the Service

3.1 Quincerto will provide the Customer with the Service on the terms of this Contract.
3.2 Quincerto will use reasonable endeavours to provide the Service by any date agreed with the Customer but all dates are estimates and Quincerto has no liability for any failure to meet any date.
3.4 It is technically impracticable to provide a fault free Service and Quincerto does not undertake to do so. Quincerto will however use its best efforts to procure the repair of any reported faults as soon as it reasonably can.
3.5 As and when required Quincerto may: (a) change the technical specification of the Service; (b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.
3.6 The Customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Service. This Contract does not include the provision of telecommunications services necessary to connect to the Service or to obtain access to the Internet.
3.7 The Customer is responsible for the acts and omissions of all Authorised Users in connection with the Service and is liable for any failure by any Authorised User to perform or observe the terms and conditions of this Contract.

4 Security

4.1 The Customer is responsible for the security and proper use of all user names and passwords used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
4.2 The Customer must immediately inform Quincerto if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
4.3 Quincerto reserves the right to suspend user name and password access to the Service if at any time Quincerto considers that there is or is likely to be a breach of security.
4.4 Quincerto reserves the right (at its sole discretion) to require the Customer to immediately change any or all of the passwords used by the Customer in connection with the Service
4.5 The Customer must immediately inform Quincerto of any changes to the information the Customer supplied when registering for the Service.

5 Use of the Service

5.1 The Service must not be used by the Customer or any Authorised User –
• fraudulently, in connection with a criminal offence, or otherwise unlawfully; to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, trademark, service mark, patent, privacy or any other rights;
• to cause annoyance, inconvenience or needless anxiety;
• to transmit knowingly or recklessly any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Quincerto or other Internet users;
• to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or other than in accordance with the acceptable use policies of any connected networks.
5.2 The Customer must not use a user name or alias which infringes the rights of any person in a corresponding trade mark or name. Quincerto reserves the right to require the Customer to select a replacement user name or alias and may either refuse to provide or may suspend Service if, in Quincerto opinion, there are reasonable grounds for Quincerto to believe that the user name or alias is, or is likely to be, used for a dishonest purpose, offensive, abusive, defamatory, obscene, or in violation of any person's intellectual property or similar rights.
5.3 If the Customer, an Authorised Contact or anyone else, with or without the Customer's knowledge or approval, uses the Service in contravention of paragraphs 5.1, 5.2, then Quincerto may treat the contravention as a material breach of this Contract which cannot be remedied for the purposes of paragraph 13.
5.4 Bulk email distribution:
If Quincerto finds that a customer is using excessive bandwidth for Bulk Email Distribution, Quincerto reserves the right to:
(a) Immediately suspend the customer's account(s) pending Quincerto’s express written approval of mailing
(b) Impose additional charges for high-bandwidth use.
(c) Terminate the customer's contract for repeat offenders.

6 Space Allocation

6.1 The Authorised Contact may request the increase or decrease of the Customers individual mailbox sizes.
6.2 Customers who wish to upgrade their individual mailbox storage space mid-billing period will be invoiced pro-rata at the next monthly billing day. Thus, if a Customer is paying half yearly and after 1 month they wish to upgrade their included aggregate storage space, they will receive an invoice in month 2 for additional space up to month 6.

7 Payment terms

7.1 The customer agrees to pay Quincerto the current prices as published on the price list on www.teamanywhere.com.au for services provided. Quincerto may change its prices from time to time and will notify all existing customers by email to the authorised contact of such changes.
7.2 Quincerto will issue invoices on or about the first of each month for Service to be provided in the following month (month of supply) and payment must be made by the twentieth of the month in which the invoice is issued.
7.3 Quincerto will suspend Service on the first day of the month of supply if Payment has not by then been made.

8 Payment methods

8.2.1.3 If the Customer agrees to pay half yearly or yearly in advance for basic monthly mailbox charges, the Customer will receive a 3% or 5% discount respectively on the basic monthly mailbox charges.
8.2.2 Cheque payments by invoice
8.2.2.2 The Customer agrees to pay Quincerto by cheque within 14 days of receipt of invoices for additional charges accrued during the previous month.
8.3 The Customer accepts that no action can be taken with respect to activating accounts or additional services until payment has been received by Quincerto.
8.4 Quincerto operates a no-cash refund policy for payments made in advance. If the customer reduces the amount of space or mailboxes required after payment has been made, the customer will be refunded by extending the service for additional time.
8.5 Addition and removal of mailboxes -
8.5.1 New mailboxes are subject to a minimum charge of 30 days.
8.5.2 If a customer wishes to reduce the number of mailboxes below the number stated in the Customer’s original order, Quincerto must be notified 30 days in advance by writing or by fax from the Authorised Contact.

9 Internet

The Service does not provide or include access to the Internet. The Customer's use of the Internet is solely at the Customer's risk and subject to all applicable laws, and Quincerto has no responsibility for any information, software, services or other materials accessed or obtained by the Customer using the Internet.

10 Indemnification

10.1 The Customer hereby agrees to indemnify and to hold Quincerto harmless from and against any claim brought by a third party resulting from the use of the Service by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses), or liabilities, whatsoever suffered or incurred by Quincerto in consequence of the Customer's breach or non-observance of the Contract.
10.2 The Customer shall pay all costs, damages, awards, fees (including any legal fees) and judgements awarded against Quincerto arising from the above claims and shall provide Quincerto with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.

11 Confidentiality

11.1 Quincerto will keep in confidence any information provided to it by the Customer when registering for the Service or otherwise under this Contract and will not disclose that information to any person (other than its employees, contractors, or professional advisers, or the employees or contractors of a Quincerto Company who need to know the information) without the Customer's consent.
11.2 This paragraph 11 will not apply to:
11.2.1 any information which has come into the public domain other than through a breach of this Contract;
11.2.2 information lawfully in the possession of the recipient before the disclosure under this Contract took place;
11.2.3 information obtained from a third party who is free to disclose it;
11.2.4 information which a party is requested to disclose and if it did not could be required by law to do so; or
11.2.5 information which has been reduced by Quincerto to anonymous, non-personal form before disclosure.

12 Limitation of Liability

12.1 Quincerto is not liable to the Customer, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.
12.2 Quincerto’s liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Contract is limited to amount paid by the Customer for Service in the twelve month period preceding the claim.
12.3 Quincerto excludes all liability of any kind in respect of any material on the Internet which can be accessed using the Service and is not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Service or on the Internet.
12.4 Quincerto is not liable to the Customer either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications, Internet services, hardware or other software (including domain name registration authorities) or for faults in or failures of their products or equipment.
12.5 Each provision of this Contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

13 Matters Beyond Reasonable Control

If Quincerto is unable to perform any obligation under this Contract because of an Act of God or any matter beyond its reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or acts of local or central Government or other competent authorities, or events beyond the reasonable control of its suppliers, it will have no liability for that failure to perform.

14 Domain Names

14.1 The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested allocated or included as or in its name.
14.2 The Customer acknowledges that Quincerto cannot guarantee that any name the Customer requests will be available or approved for use.
14.3 Quincerto has the right to require the Customer to select a replacement name and may suspend the Service if, in the opinion of Quincerto, there are reasonable grounds for Quincerto to believe Customer current choice of name is, or is likely to be, in breach of the provisions of this Agreement and law.
14.4 If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:
14.4.1 Quincerto does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and Quincerto will not be liable for any such action taken by the Customer.
14.4.2 the registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to Quincerto that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against Quincerto in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that refunds for domain registration fees will be given at the discretion of the Quincerto Management.
14.4.3 Quincerto accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and Quincerto will take no part in any such dispute. Quincerto reserves the right, on becoming aware of such a dispute concerning a domain name, at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name, and/or to make such representations to the relevant naming authority as it deems appropriate.

15 Termination of this Contract

15.1 The Customer shall not be entitled to cancel this Contract during the period of three calendar months from commencement unless Quincerto is in default of its obligations hereunder and has failed to remedy such default within seven days of notice of the same from the Customer.
15.2 Subject to 15.1, either party may terminate this Contract on 30 days' notice to the other, without prejudice to any rights that may have accrued before termination. Upon termination (for whatever reason), Quincerto may re-allocate any user names and aliases associated with the terminated Service.

16 Changes to this Contract

Quincerto can change the Conditions of this Contract at any time on 30 days' notice to the Customer in accordance with clause 19.

17 Assignment

17.1 The Customer may not assign or transfer any of its rights or obligations under this Contract, without the written consent of the Quincerto.
17.2 Quincerto may assign or transfer all or any of its rights under this Contract on giving thirty days notice to the Customer.

18 Entire Agreement

This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

19 Notices & Invoices

19.1 Notices given under this Contract may be delivered on-line or by e-mail. Additionally, Quincerto may publish notices to the Customer via the Quincerto website; notices will be deemed effective on the date of publication, or otherwise as notified to the Customer by Quincerto.
19.2 A notice or invoice from Quincerto which is sent by e-mail to the Customer's e-mail address will be deemed effective 3 days after the date it is sent.
19.3 A notice from the Customer to Quincerto will be deemed effective when received by Quincerto at the e-mail address notified by Quincerto to the Customer.