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Permission to use the Services offered by Telemax is conditional upon you, the customer, agreeing to the Terms and Conditions set out below. The Services are only offered to you on condition that you read and accept all the Terms and Conditions set out below. Acceptance will bind you to the Terms and Conditions. By clicking “I Accept” at the end of these terms and conditions, you will be deemed to have accepted the following Terms and Condition. If you do not wish to accept the Terms and Conditions, you must not click “I Accept” and you may not access or otherwise use the Services offered by Telemax.
“Additional Charge” means a charge in accordance with Telemax’s standard rates in effect from time to time;
“Additional Monitored User” means Monitored Users which are in addition to the
Maximum Monitored Users;
“Additional Services” means services which do not fall under the scope of the Service
and includes without limitation:
“Agreement” means this agreement and all Schedules to it;
“Authorised User” means employees, agents or independent contractors of the
Customer who are authorised by the Customer to access the Website and monitor Monitored Users in the relevant Billing Period, in accordance with this
“Billing Period” means the billing period set out in the Schedule.
“Commencement Date” means the date so specified in the Schedule.
“Confidential Information” means in the case of Customer, Customer Data and in the case of Telemax includes:
“Customer Access Facilities” means telecommunications, networks, systems and any other facilities used or required by or on behalf of Customer for accessing and making use of any Services and Hardware.
“Customer Data” means the data associated with or obtained from Monitored Users and data inputted or uploaded by the Customer, Authorised Users, or Telemax on the Customer’s behalf for the purpose of using the Services or facilitating the Customer’s use of the Services.
“Customer Hardware” means the hardware provided or otherwise supplied by the Customer for the purpose of using the Services or facilitating the Customer’s use of the Services.
“Data Retention Period” means the data retention period specified in the Schedule;
“Domain Name” means the domain name set out in the Schedule or such domain notified by Telemax to the Customer from time to time.
“Force Majeure” means a circumstance beyond the reasonable control of Telemax which results in Telemax being unable to observe or perform on time an obligation under this Agreement. Such circumstances shall include but shall not be limited it:
“GST Law” means the same as “GST Law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Hardware” means the Customer Hardware and the Telemax Hardware;
“Initial Term” means the period so specified in the Schedule;
“Internet Hosting Service Provider” means the person engaged by Telemax to host the Website;
“Internet Service Provider” means the person engaged by Telemax to grant internet access to the server which hosts the Website;
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names,
know how, instructions, procedures, and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for
registration or rights to make such an application;
“Maximum Monitored Users” means the maximum number of Monitored Users specified in the Schedule;
“Monitored Users” means automobiles, employees, agents or independent contractors of the Customer which are monitored through the Hardware in accordance with this Agreement;
“PPS Regulations” means the Personal Property Securities Regulations 2010 (Cth).
“PPS Act” means the Personal Property Securities Act 2009 (Cth).
“PPSR” means the Personal Property Securities Register established under the PPS Act.
“Renewal Term” means any additional terms under this Agreement;
“Schedule” means a schedule to this Agreement;
“Security Interest” means:
“Services” means the subscription services provided by Telemax to the Customer under this Agreement to monitor Monitored Users and allow Authorised Users to access and use the Website;
“Subscription Fee” means the subscription fee listed in the Schedule;
“Subscription Term” means the Initial Term and any Renewal Term;
“Telemax Hardware” means any hardware provided by Telemax in accordance with this Agreement as specified in the Schedule;
“Total Fee” means the total value of the Subscription Fees payable under this Agreement for the Initial Term;
“Website” means the Website being hosted at the Domain Name by Telemax.
and should not be used as a substitute for Customer’s independent and appropriately qualified policies, recording activities or decisions regarding matters of relevance to Customer’s business.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed read down to the extent reasonably appropriate to remove the invalidity, unenforceability or illegality.
This Agreement is governed by the law applicable in Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland.
This Agreement may be executed in counterparts by the respective parties, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement, provided that this Agreement shall be of no force and effect until the counterparts are exchanged.