TERMS OF SERVICE FOR CLIENTS/CUSTOMERS
Elefone Monitoring Pty Ltd [ ABN 87622540034 ] (“we, us, our”) operates this website at www.elefone.com.au. Your purchase of our Products and use of our Services is conditional upon you accepting our Terms of Service and any other terms and conditions and policies we publish or link to on our website and services. “You” could be any customer or client of ours. By clicking that you understand and agree, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase our Products and Services. We may change these Terms of Service at any time, and by continuing to use or access our website and Products and Services, you are accepting those changes.
You must be 18 years old or older to purchase our Products and Services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
OUR PRODUCTS AND SERVICES AND ORDERS
We offer various Products and Services, including SIMs for lift gateways, and monitoring. We monitor mains power failure, low battery, calls being made, sim switches or status depending on the type of gateway being used. If the network has poor signal strength, a SIM on an alternative network can be provided.
Our monitoring service uses Liftsync™ software.
The monitored items of the gateway may include some or all of the following depending on the capability of the gateway being used:
· the power status of the gateway;
· low battery level alerts (the gateway is normally connected to power but in the event the power goes out that back up batteries will operate and so it is essential the batteries are functional);
· battery life (where the gateway has the technology to monitor battery life) and sufficient notice to change batteries ahead of them being depleted entirely;
· SIMs not reporting from the gateway;
· a 3 day check call when a lift telephone (which has the technology to do so) is in use; and
· periodical messages everyday (where the gateway has the technology to do so).
All our Quotes are valid for 30 days. To place an order, you must call us or email us or fill out our website form. You must pay for your order via VISA, Mastercard or direct debit. You will also be charged a credit card fee.
CHANGES TO DESCRIPTIONS ON OUR WEBSITE AND LIMITED SALES
We may change prices for our Products and Services. We may also discontinue any Products and Services at any time or change our range of Products and Services at any time. We will use our reasonable endeavours to notify you of changes via publication on our website. We are not liable for any price changes, other changes, or any discontinued products or services.
Our Products are only available through our website, and only to Australia. We cannot guarantee that the Products and Services will always be available. We have the right to refuse, limit or cancel any order for our Products and Services.
The descriptions of Products and Services may also change without notice to you. There may on occasion be errors or omissions in product or service descriptions or product or service prices, shipping charges, delivery times and availability. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel orders if information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the Products or Services or warrant that they will meet your expectations.
DELIVERY OF OUR PRODUCTS
Once you place an order and pay for your SIMs, they are delivered to you, unless they are provided by your elevator service company. SIMs are usually activated within 4 hours but can take up to 24 hours.
FEES
You agree that you will pay us Our Fees for the Products and Services via VISA, Mastercard, or direct debit. Our Fees are charged annually on an ongoing basis. Our Fees are displayed on the SIM activation form at www.elefone.com.au/sim-card-activation and are subject to change without notice. Where you have 2 SIM cards in a single gateway only one monitoring fee is charged. We will also charge you additional fees for any Additional Services. All fees are itemised on the invoice.
Where any moneys are not paid, we may suspend or terminate the Services within 7 days.
All Invoices are due within days of the invoice, and interest will be charged on any unpaid invoices at the rate of 10% per annum. Any legal collection fees that are incurred will be charged to you.
OUR PROMISES FOR OUR SERVICES
We will perform the Services with due care, skill and diligence and in accordance with all relevant legislation and regulations. The Services will be performed personally by us or Our Representatives.
We agree to keep you informed of progress of the Services. We will perform the Services in accordance with any agreed Project timelines and dates.
In the event that there is an issue with our Products we will periodically email you with updates until the issue has been resolved.
You acknowledge and agree that we will not be able to provide the Services where any:
· telecommunication services are not available to the Gateway Device and such lack of availability is not due to our act or omission;
· any third-party component required to make calls through a Sim Gateway Device is absent, incorrectly connected or faulty; or
· the telephone number in a lift auto-dialler is not correctly set.
NO WARRANTIES
We do not warrant that the Gateway Device will be error-free or will operate without interruption. You acknowledge and agree that the Gateway Device is dependent upon service coverage from the relevant telecommunications providers, and there may be instances where due to the non-availability of service coverage, the Gateway Device is not capable of being used.
YOUR OBLIGATIONS
You must provide all information required by us in order for us to perform the Services (“information”), including but not limited to all information on the SIM Card Activation Form.
You represent and warrant that:
· all information you provide is true, correct, current and up- to date;
· you will respond promptly to any of our emailed monitoring notifications or requests for further information;
· you have read and understand that the Non-Inclusions (eg battery change service, swapping a SIM in a gateway device ) do not form part of the Services; and
· the Client Representative has full authority to make all your decisions related to the Services.
You acknowledge and agree that:
· you must not permit any unauthorised parties to access Gateway Device and/or tamper with or unplug from mains power, damage or otherwise interfere with the Gateway Device;
· If we provide you with activated SIM, it is your responsibility to ensure that it is placed in the gateway;
· it is your responsibility to change the batteries in the gateway from time to time as required (usually every 2 years).
CANCELLATIONS
You may cancel the Services at any time without penalty. Please email us at admin@elefone.com.au to confirm your request for cancellation. Any refunds will be subject to the cost of removal of the Gateway Device if there is a signed rental service agreement between you and Elefone. In some circumstances we will provide a pro rata refund of any unused Services.
To the extent permitted by law, any further refunds for any cancellations of the Services are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.
CONSUMER GUARANTEES AND REFUNDS
Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
· Cancel this agreement with us; and
· A refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with Products. If a failure with the Products or Services does not amount to a major failure, you are entitle to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Products and to cancel this agreement for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Services.
If you believe a product does not meet a consumer guarantee please contact us as soon as possible.
TERMINATION
We may refuse to provide this website and services to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Service we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website and services or any part of it at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our website and services. We will use our reasonable endeavours to notify you of any changes.
We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you breach this Agreement, or commit an act of bankruptcy. Upon termination you grant us a license to access the Site for the purpose of removal of a Gateway Device if there is a signed service rental agreement between you and Elefone in place.
LIABILITY AND INDEMNITY
Your use of, or inability to use our website and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, price changes or discontinued services, loss or stolen Products during delivery, any late delivery, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
· the replacement of the products or services or the supply of equivalent products or services; or
· the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of these Terms of Service, or your violation of any law or the rights of a third-party, third party links and services.
IF THERE IS A DISPUTE
If at any time our products are not reasonably acceptable to you or we disagree on the quality of the products you receive you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
These Terms of Service are to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in these Terms except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect
DEFINITIONS
Additional Services means any services beyond the regular monitoring service and could include battery changes, or removal of a Gateway Device where there is a rental agreement in place
Agreement means these Terms of Service.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Client means you, the client who is agreeing to these terms and conditions.
Client Representative means the client representative you notify to us.
Fees means all the fees for the services, and includes any additional fees.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Non-inclusions means the provision of any network and associated costs, and any battery change service.
Our Fees means all our fees including any additional fees.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Project timeline and estimated dates means any timeline for performance of the Services or estimated dates on which we will be providing the Services to you.
Product means the SIM for lift gateways which enables a lift user to make a telephone call over a cellular radio system to our call-out facility;
Services means the monitoring service for lift gateways, and may include monitoring the SIM for mains power failure, low battery, calls being made, SIM switches or status.
Site means the SIM Card Site Address you notify to us in our SIM card Activation form.
We, us, or our means Elefone Monitoring Pty Ltd [ ABN 87622540034 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.elefone.com.au, and everything available on this website including, but not limited to, all services.