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This Contract might only be amended by a composing signed by the licensed agent of each of the parties, except as otherwise stated here. Any waiver of a breach or default under this Agreement will not make up a waiver of any kind of succeeding or various other breach or default and will not serve to customize the agreements stated here.
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All terms, conditions, service warranties and representations that are not expressly established out in these Terms are omitted, aside from liabilities that can not be left out by legislation (consisting of responsibility for the legal customer guarantees under the Australian Customer Legislation). To the level permitted by law, the maximum liability of OHQ to Consumer will be the overall amount paid by Consumer for the OHQ Offerings triggering responsibility.
(See Section 13). OHQ can put on hold Customer's accessibility to OHQ Solutions for different reasons (including if a quantity payable under the Terms remain superior after Customer is given seven (7) days development notice to pay in full; Client breaches the Terms, a regulation or OHQ's Fair Usage Policy; or Consumer use the OHQ Services in an unauthorised way).
If OHQ's efficiency of its responsibilities under these Terms is protected against or delayed by any kind of act or omission of Consumer or Client's breach of the Terms (being a "Client Default"), OHQ may suspend the OHQ Solutions till the default is corrected. OHQ will certainly not be responsible for any expenses or losses maintained or incurred by Customer as an outcome of this suspension.
See Section 10 for additional information concerning when OHQ Services can be ended and the impact of the discontinuation. Yes. Client compensates OHQ for any loss experienced by OHQ from Client's breach of these Terms for example, Customer is called for to follow regulations (see Area 8.3) and OHQ's Fair Usage Plan (see Section 8.4) or from any kind of third-party insurance claim associating to Consumer's service or offerings.
Consumer will certainly also repay OHQ on written demand for any kind of costs or losses reasonably endured or sustained by OHQ occurring directly or indirectly from a Consumer Default, various other than to the degree OHQ has caused or added to these costs or losses. Payment Handling Costs of 0.75% (GST-inclusive) are additionally payable by Consumer on the GST-inclusive value of billings for settlements made by credit history card or $0.88 (including GST) for repayments made by direct debit.
These Terms apply to Client's use all services offered by OHQ (""), OHQ's internet site situated at (""), and any kind of mobile applications supplied by OHQ, regardless of where such applications were obtained by Client (""). In these Terms, the OHQ Providers, OHQ Web Site and OHQ Apps are collectively described as "." OHQ might from time to time change these Terms, and any other terms or conditions showing up on the OHQ Internet site that may be referred to in these Terms, based on Section 7.
These Terms apply to the Agreement to the exclusion of any type of various other terms that the Client looks for to impose or incorporate, or which are suggested by regulation, trade personalized, technique or dealing. Client will not show to any kind of 3rd party, and will or else conceal, any kind of password that can be utilized to access Client's Account ("").
OHQ will certainly inform the Customer of the quantity of the Trial Use Credit history and the quantity of step-by-step charges. OHQ or Customer may quickly end the Test Service any time for any reason or no factor by giving composed notice to the various other. Without limiting the foregoing, OHQ might end the Test Solution upon expiration of the Trial Solution Term, exhaustion of the Trial Use Credit, or start of any kind of OHQ Paid Provider (as defined in Area 4 below).
Any part of the Test Usage Debt not made use of before termination of the Trial Service will certainly be surrendered and may not be made use of about any kind of OHQ Paid Services. Consumer may any time request to get several of the paid services explained on the OHQ Web site or in these Terms ("").
Each App Update will be deemed to be an OHQ App for the purposes of these Terms. The licence given to Consumer in Section 5.1 will certainly be ended by created notice from OHQ if Consumer fails to abide by this Area 5 after OHQ has actually given Client 5 (5) days' written notice to correct the non-compliance, or upon termination of all Chosen Paid Solutions according to these Terms.
Upon any discontinuation of such permit relative to any kind of OHQ Application, Client will certainly discontinue all use of such OHQ App and delete all such copies. Besides the rights clearly granted to Client in these Terms, okay, title and interest in the OHQ Apps are reserved and maintained by OHQ and its licensors.
The charges for the OHQ Paid Providers are set out in the cost list on the OHQ Web Site ("") and below in Area 6.2, both of which might be modified by OHQ once in a while as laid out in Area 7. All estimate leave out GST and any various other applicable tax obligations.
Please call us for further details. MessageExpressNil pay as you go$19$2.20 per callMessageExpress 2525$60$2.15 per callMessageExpress 5050$100$2.15 per callMessageExpress 100100$175$2.15 per callMessageExpress 150150$260$2.15 per callMessageExpress 200200$345$2.10 per callMessageExpress 250250$420$2.05 per callMessageExpress 300300$500$2.05 per callMessageExpress 350350$580$2.05 per callMessageExpress 400400$660$2.05 per callMessageExpress 450450$735$2.05 per callMessageExpress 500500$810$2.05 per call Extensive call durations will call for an And also Load to be included.
If OHQ grants to Client any kind of discount for any Selected Paid Service, OHQ will inform Client in covering the information of the price cut and the period during which it will apply. The discount will be applied to the applicable costs laid out in the Price Listing or these Terms and will use just during the duration specified by OHQ in composing (""), after which the fees laid out in the Rate Listing or these Terms will apply without such price cut.
The usage allocations consisted of in each Pricing Plan will expire if not made use of within the time periods to which they apply, and in any event, extra usage allowances for any Paid Service Term will certainly not be rollovered to any succeeding Paid Service Term. smithai. (c) Each time the balance of the Prepaid Use Credit scores reduces below a certain threshold quantity identified by OHQ (which will be $0 unless OHQ informs Client or else in advance), OHQ may bill to Customer's Bank card or Direct Debit from Client's chosen savings account a quantity equal to that which recovers the Prepaid Use Credit Scores to $0 plus the Prepayment Quantity, which will certainly be included to the equilibrium of the Prepaid Usage Credit Score ("")
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