Terms & Conditions
1. Contracts with Verdi
1.1 Each transaction between you and Verdi for the supply of services and equipment is a “Contract”. The terms of each Contract comprise these Terms & Conditions (as may be amended by Verdi from time to time) and your Application via printed form or electronic. You should visit this page periodically to review the Terms and conditions, because they are binding on you. If you violate any of these Terms or Conditions, your permission to use the service automatically terminates. In respect of a contract your application is the application form or web page completed by you and accepted by Verdi or if no application form or web page is completed it is the purchase order submitted by you in accordance with clause 4 and accepted by Verdi.
1.2 This contract for the service described may be managed by a party other than Verdi during the term of this or any subsequent contract arising from the continuance of this contract.
2.1 Verdi will provide services and Equipment described in your Application (“Services”) and you must pay to Verdi the access fees, over call charges and all associated fees and charges in accordance with Verdi’s fee schedule as advised by Verdi from time to time. Verdi’s Service fees may be charged in advance. Verdi’s payment terms unless otherwise agreed in writing are 7 days from invoice date, as shown by the due date in your invoice.
2.2 You are responsible for payment of all fees and charges arising from the use of the services, whether authorised by you or not. You must pay all taxes (including all goods and services taxes) and government charges relating to all contracts, services, and provision of any rental equipment and on the sale to you of any equipment.
2.3 Where your service includes telecommunications costs or charges, these charges are based on the charges of the carrier used by Verdi from time to time, and include a handling fee. Verdi may issue accounts for messages not previously billed which occurred earlier than the previous billing period.
2.4 Verdi may charge a late payment fee on any overdue amounts due under an invoice at the rate of 2% above the prime lending rate of Verdi’s principal banker calculated daily. Verdi may also impose a charge to cover its reasonable expenses and costs incurred enforcing any failure or delay in your payment (including the cost of engaging a mercantile agent).
3. Duration of each contract
3.1 Unless a longer period is specified in your application, the initial term of each contract is clearly marked on your application
and begins from the date of commencement of the service or the contract date which ever is indicated on the application
under that contract ("initial term"). After this time that contract will be automatically extended for additional terms equal to your Verdi billing cycle
until terminated by you giving Verdi 30 days notice in writing at the end of which time that contract and your obligations to Verdi will be at an end.
Until the expiry of this 30 day period you must continue to pay Verdi the access fees, call charges , and all associated fees and charges.
4. Changes by Verdi to these terms
Verdi may vary these terms and conditions at any time by notice to you. This includes Verdi’s right to increase its fees for Services at the expiry of the Initial Term. Your continued use of the Service after such notice is given will constitute your acceptance of the change.
5. Your details & Privacy
5.1 By applying for a Verdi service you undertake to provide your correct name, address and other accurate information. You also confirm that the person stated to be authorised to sign for a company or a firm is duly authorised and if you are an individual, you have full contractual capacity and are able to meet your obligations under the Contract. Where you comprise more than one person, the Contract binds each of you jointly and severally.
5.2 You agree that notice will be given to you where required under these terms if it is either; (a) included in a mailing addressed to you at the address notified on your Application; (b) in a text message sent by us to you electronically or via the Service; or (c) communicated directly to you by any other means.
5.3 Privacy within the Verdi Service. VERDI produces and sells a range of telephone messaging, voicemail, virtual PABX, SMS, email, recording and related products and services.
When a call is received by a Verdi service, caller information is also received from the public telephone network in the form of the caller’s telephone number or “Caller ID”. The Caller ID is publicly available information which the caller has free control to block from their telephone handset before making any call.
The personal information contained in these services includes but is not limited to personal & company names, physical & postal addresses, E-mail & URL website addresses, fax & telephone numbers; all of which are compiled by Verdi from freely available public sources.
Individuals and businesses may reasonably expect its use for a variety of purposes including, but not limited to the purpose as described above. Message recipients may in turn use the information for a variety of purposes.
Some parts of the Verdi internet based facility uses technology called ‘cookies’. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. The cookies used by Verdi in the publicly available areas do not collect personal information and we do not combine information collected through these cookies with other personal information to tell us who you are. When you log on to secure areas of the Verdi internet based facility, personal information may be used to match the authentication of the person using these secure areas and may be identified using a cookie.
You are solely responsible for maintaining the secrecy of your User ID, PIN, password and/or any personal information.
Verdi separately collects information directly from our clients in the normal course of business. Clients of VERDI are assured that this data remains confidential to VERDI and will not be disclosed to any other parties except as required by legal obligation or where an alternate carrier is used.
We use this information for purposes such as: servicing our relationship with our clients (including service agreement requirements), accounting functions (including creating tax invoices) and general administration/marketing (including notifying clients of updates to our services).
6. Verdi’s liability is limited
6.1 Verdi is not liable to you or any person claiming through you in any circumstances for: (a) any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or (b) any indirect or consequential loss or damage; or (c) any loss or damage relating to the acts or omissions of any carrier or other third party, and all other matters beyond Verdi’s control.
6.2 To the extent permitted by law, Verdi excludes all liability for breach of any express or implied term or warranty and also excludes all liability for Verdi’s negligence in connection with the performance of its obligations under all Contracts.
6.3 All previous negotiations and representations are excluded from all Contracts. Where liability for any term implied by law cannot be excluded, and to the extent permitted by law, Verdi’s ability for any breach of such an implied term is limited to (at Verdi’s election); (a) in the case of Services, the cost of having the Services supplied again; and (b) in the case of goods, the lowest of the cost of replacing the goods, acquiring equivalent goods or having the goods repaired.
6.4 Limitation of Liability specific to Web and on-line Product use. VERDI SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANYWAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF VERDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE SERVICE, OR RELATED INFORMATION OR PROGRAMS.
7. Service limitations
7.1 You acknowledge that it is technically impractical to provide Services free of fault or error and that Verdi does not warrant that the Service will be continuous or uninterrupted. You acknowledge that Services have coverage and capacity limitations, including, reception and recognition problems, possible faults in transmission equipment causing diminished recognition, human errors including errors of any carrier and third parties and the physical location of equipment in relation to transmitters and that Verdi will not be liable for any loss or damage arising from those events.
7.2 Verdi makes no representations or warranties about the ability of messages to be delivered, quality of messages or about the time taken for the dispatch or delivery of messages using the Service.
7.3 Verdi may, without liability to you, suspend Services immediately for repairs, for maintenance of any part of a network, or where Verdi is obliged to comply with the requirements of any relevant authority or contracted carrier.
7.4 You acknowledge that you do not own the telephone number issued to you and that Verdi may need to change any telephone number issued to you for its own internal operational or other regulatory reasons. Verdi will not be liable to you and you indemnify Verdi against any claims by third parties arising from any such change.
7.5 Scope of Verdi’s Web and on-line Product use. Verdi may from time to time invite you to view, use and download a single copy of the Web Site services for your personal, non-commercial use. You may also listen to and use a single session of the Verdi products subject to the same restrictions. Using the Service to evaluate whether to enter into a business relationship with Verdi shall not constitute a commercial use for the purposes hereof. Except as otherwise provided on this page, no part of any content or software on the Service may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Verdi.
7.6 No Warranties specific to Web and on-line Product use. ALL CONTENT ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEB SITE AND THE ON-LINE PRODUCTS, IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VERDI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICE AND THE CONTENT AVAILABLE ON THE SERVICE IS AT YOUR SOLE RISK. VERDI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES.
7.7 Telephone Numbers. All telephone numbers assigned by Verdi are registered to Verdi by the issuing authority and are provided for your use while you are a customer of the Service. Although Verdi makes every attempt to ensure continued availability of telephone numbers, Verdi reserves the right to change or remove your telephone number at any time and charge you to re-establish the service if required.
7.8 Modifications specific to Web and on-line Product use. Verdi reserves the right to modify the Service or may make changes in the products and/or services described on the Service at any time, and the rules and regulations governing its use, at any time. Modifications may be posted on the Web Site, and users are deemed to be apprised of and bound by any changes to the Service.
8. Suspension and Termination
8.1 Verdi may in its sole discretion suspend or terminate any Contract with immediate effect by giving notice to you at the end of your Initial Term or immediately if, in Verdi’s reasonably held opinion: (a) You fail to make any payment on time or breach any other term of any Contract; (b) You have breached any license, permit, authorisation or law relating to the use of equipment or Services; (c) Verdi’s right or any carrier’s right to provide Services ceases for any reason; (d) Your use of Equipment or Services is unlawful, improper or otherwise objectionable; (e) You fail to pass our credit checks or you become an unacceptable credit risk; or (f) Your conduct is likely to adversely affect any communications network, and Verdi shall not be liable to you or any third party for suspending or terminating the Service.
8.2 Verdi may charge you a fee for reconnecting your Service following suspension.
9. Consent to use of your information
9.1 You authorise Verdi to: (a) give to and seek from any credit providers that may be named in a credit report issued by a credit reporting agency information about your personal or commercial credit arrangements, including information about your credit worthiness, credit standing, credit history or credit capacity. You understand that the information may be used for the following purposes: to notify other credit providers of a default by you; to exchange information with other credit providers as to the status of your charge account where you are in default with other credit providers; to assess your credit worthiness; to assess your position if you fall into arrears in respect of the Service; and (b) obtain from or give to any carrier, any other supplier of telecommunications services or any collection agency any customer information about you in circumstances where there are grounds to suspect that you are seeking to avoid making any payment under this or any other agreement for telecommunications services. You acknowledge and agree that information about your transactions with Verdi can be used by Verdi and related companies for marketing purposes and for the purposes of supplying the services to you.
9.2 In order to provide the Service and for security reasons we may store and monitor the contents of any messages sent or received by you from time to time. These will only be viewed by Verdi or your nominated employee or agent or any authority with the power to request them.
10. Trade Marks & Copyright
10.1 Unauthorized use of any Verdi trademark or logo may be a violation of Australian and International trademark laws.
10.2 Copyright. The Verdi Service can be protected by Australian and international copyright laws. Except for your informational, personal, non-commercial use as authorised above, you may not modify, reproduce or distribute the content, design or layout of the Verdi Service or individual sections of the content, design or layout of the Verdi Service or Verdi’s logos or Trademarks without Verdi’s express written permission. (a) and that will include the marks or rights of any third party carriers that Verdi may contract to supply service to you the customer
11. Assignment of a Contract
Verdi may at any time assign or deal with the whole or any part of any Contract. You may not assign or deal with your rights or obligations under any Contract without Verdi’s prior written consent.
12. Law of Verdi Contracts, Terms and Conditions
This Contract is governed by the laws of Western Australia and you agree to submit to the jurisdiction of the courts of Western Australia
VERDI - CONTRACT TERMS AND CONDITIONS ACKNOWLEDGEMENT
This is acknowledgement that I have received the Verdi Terms & Conditions Version 2.0. If the Customer is a company, you warrant that you have the requisite authority to sign this Agreement on behalf of the Company.
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