Last Modified December 16, 2019.
GoLogic Group Pty Ltd provides its services to its customers subject to the following terms and conditions. If you, the customer, visit or conduct electronic transactions in any way at GoLogic or enter into an agreement or contract, you accept and agree to abide by these general terms and conditions. The following terms are used throughout this document
1. Important Information
1.1 This page sets out the Terms and Conditions upon, which GoLogic Group Pty Ltd (Hereinafter referred to as “GoLogic”, “We”, and/or “Our”) will provide services to its Customers (Hereinafter known as “Customer”, “You” and/or “Your”). The Terms and Conditions agreed to form an Agreement, which create important legal rights and obligations upon GoLogic, as well as the Customer. The Customer must agree to these Terms and Conditions prior to use.
1.2 GoLogic reserves the right to change the Terms and Conditions at any time without prior notice.
1.3 By posting updated versions of the Terms and Conditions on the GoLogic website www.gologic.com.au, or otherwise providing notice to you, GoLogic may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service. Customers are responsible for ensuring they read all updates to Terms and Conditions. The Customer shall be deemed to have accepted such changes by continuing to use GoLogic Services after changes have been posted or information regarding changes have been sent to the Customer.
1.4 The Services are available only to entities that can form legally binding contracts under applicable law. If you do not qualify, please do not use the Services.
In GoLogic’s Terms and Conditions, the following words and phrases have the following meanings:
2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday, unless deemed a public holiday in the state of Queensland, or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that the Customer set up an account, returned a completed and signed agreement or purchased a GoLogic Service.
2.3 Content means data, information, images, and all other content that the Customer receives and sends via GoLogic.
2.4 Fees means:
- (a) Fees for GoLogic Services as appearing on our website and/or promotional material may be updated from time to time, and
- (b) Any other fees the Customer and GoLogic agree upon at GoLogic’s prevailing rates for other Services.
2.5 Force Majeure means a circumstance beyond the reasonable control of GoLogic, which results in GoLogic being unable to observe or perform on time an obligation in our Terms and Conditions, including but not limited:
- (a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;
- (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
- (c) industrial action or strikes.
2.6 Services refer to the GoLogic Services provided by GoLogic including but not limited to Fax Send Service, Fax Broadcasting, 1300, 13 and 1800 Virtual Fax Number Receive service and Virtual Mobile Number service, SMS Send Service and GoEmail services.
2.7 Support Services refer to the support provided by GoLogic and GoEmail to use its available Services, otherwise as described on the GoLogic website.
2.8 System Maintenance Time means the time that the Services of GoLogic are inaccessible for reasons of systems maintenance, improvement, or upgrading.
3.1 In this Agreement, unless the contrary intention appears:
- (a) words in the singular number include the plural and vice versa;
- (b) words importing a gender include any other gender;
- (c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
- (d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
- (e) a reference to a party includes its successors and assigns (where permitted);
- (f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;
- (g) the recitals to this Agreement do not form part of the Agreement;
- (h) monetary references are references to Australian currency.
- (i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
3.2 If any term, covenant, item or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4. Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a GoLogic Service account or as set out in a separate service agreement/contract between GoLogic and the customer. The Agreement will continue until terminated at any time by either party in form of written notice.
4.2 The Customer must advise GoLogic immediately in writing in the event they wish to cancel or close the account; otherwise the Customer remains responsible for all activity or transactions generated within their account. The cancellation request must come from the authorised account holder email address. GoLogic will send a confirmation of cancellation to the Customer.
4.3 In the event a GoEmail Service is requested to be terminated by the Customer, the service/s may be cancelled immediately upon this request. The Customer is responsible to ensure compliance requirements are met in particular regarding unsubscribe options. GoLogic will provide a confirmation of cancellation to the Customer in writing.
4.4 GoLogic requires 30 days written notice to cancel 13/1300/1800 fax number services. The cancellation request must be received from the authorised account holder email address.
5. Support Services
5.1 GoLogic will provide Support Services during usual business hours between 8.30am and 5.30pm EST on Business Days.
5.2 Support Services will be provided via website, email and telephone.
5.3 Free Support Services are limited to “How To” questions on product usage. Other Support Services may attract fees. At all times the Customer will be notified prior to any other support services fees being charged to the Customer.
5.4 When it is reasonably practicable under the circumstances, GoLogic will provide the Customer prior notice of any system maintenance time, the time of its commencement, and likely duration.
5.5 In the event of any service outage, GoLogic will restore the Services as soon as is reasonably practicable.
5.6 The Customer acknowledges that it is impossible to maintain flawless security, but GoLogic will take reasonable steps to prevent security breaches in GoLogic Services.
6. Financial Terms
6.1 All prices are inclusive of the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%. All prices displayed on GoLogic’s and GoEmail’s website and this agreement are in Australian Dollars.
6.2 Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online and/or will be advised of by email.
6.3 Post-Paid Accounts
The customer will pay the fees as agreed in the signed Service Agreement and/or upon online registration
All GoLogic post-paid accounts incur standard payment terms of 14 days from receipt of invoice or as agreed in the signed Service Agreement. A late fee of $15.00 incl. GST may apply to invoices not paid within the payment terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to a debt collection agency, the Customer agrees to pay all fees and expenses associated with the debt collection. GoLogic may reserve the right to terminate accounts and associated services if payment is not made within 30 days of the due date.
6.4 Prepaid Accounts
(a) Accounts may be set up on a prepaid basis depending on the service. Prepaid accounts need to be paid on “cash on delivery” payment terms unless other payment arrangements have been made between you and an authorized GoLogic representative. All payments made to GoLogic are non-refundable.
(b) GoLogic may reserve the right to terminate accounts and associated services if payment is not made within 14 days of the due date.
6.5 Failure to process automatic online credit card payments for GoLogic subscription-based plans, such as GoEmail Basic and GoEmail Unlimited Plans, may result in penalty fees after the second failed attempt to successfully process payment. Failure to pay any outstanding service fees within 14 days will result in service deactivation and/or cancellation.
6.6 GoLogic accept credit card payment for services provided.
- (a) Credit card payments are accepted using Visa, MasterCard and American Express. When payments are accepted via our website online credit card processing facilities, all online transactions are processed via a secure site.
- (b) When payments are provided over the telephone, GoLogic will abide by strict procedures for processing and updating payments.
- (c) GoLogic will at no time ask you to provide credit card details via email.
6.7 Chargebacks: Incorrectly initiated chargebacks by the customer will incur a $55 incl. GST administration fee per chargeback. This fee applies to chargeback claims initiated by the customer which are incorrectly requested by the customer for goods or services provided by GoLogic. The customer must pay for the goods or services previously provided plus the above administration fee. This applies but is not limited to for example where the customer requires a refund for an overcharge or any other billing dispute but fails to raise this with GoLogic and initiates a chargeback.
7. Customer Responsibilities and Message Recovery
7.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
7.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:
- (a) abusive, harassing or obscene,
- (b) unsolicited,
- (c) illegal in Australia,
- (d) illegal in any country to which the dissemination occurs,
- (e) harmful code, or,
- (f) defamatory or offensive.
7.3 The Customer is responsible for ensuring that all messages sent using GoLogic Services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient. The Customer is to exempt GoLogic from third party claims for compensation for damages should the sending of a message be unauthorised.
7.4 The Customer must ensure if they are sending ‘marketing faxes’ within Australia that they are compliant with the Do Not Call Register Act 2006 and the Fax Marketing Industry Standard 2011. View details on fax marketing compliance.
7.5 GoLogic is not obligated to check the Buyer’s address lists to confirm that all the addresses comply with the regulation in item 7.4 above.
7.6 The Customer must ensure when sending Emails and/or SMS messages within Australia that they are compliant with requirements under the Spam Act 2003.
7.7 GoLogic may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if the Customer uses the Service:
- (a) unlawfully; or
- (b) in contravention of a relevant industry or government code: and or
- (c) which breaches Item 7.2 above.
7.8 The Customer agrees that the Customer is solely responsible for implementing the Customer’s own procedures to satisfy the Customer’s own requirements for accuracy of data input, output and content, including the performance of necessary testing before sending messages.
7.9 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archiving and backup of messages sent and received via GoLogic. In the event that the Customer fails to manage the information, GoLogic does not guarantee that the lost information can be recovered.
7.10 In the event that the Customer requires the recovery of information, including but not limited to already emailed fax messages to the Customer, if the information is recoverable, fees and charges will apply. Contact GoLogic for relevant quotes.
7.11 It is the responsibility of the Customer to safeguard their login details, account access including GoLogic API Token access, email identity and GoLogic ‘Allowed Senders’ as well as to ensure, that any individual address and or wildcard domain added as an Allowed Senders is under the Customers control.
7.12 GoLogic accepts no responsibility for fraudulent access to the Customer’s GoLogic online account or use of GoLogic Credits where the client has not taken the action of implementing Sender Policy Framework (SPF).
8. Exclusion and Limitations of Liability
8.1 The Customer agrees to indemnify and hold harmless GoLogic from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
8.2 To the extent permitted by law, the Customer understands and agrees that the Service is provided on an “as is” basis. The Customer will use all GoLogic Services at their own risk.
8.3 The Customer is to exempt GoLogic from third party claims for compensation for damages should the dispatch of a fax message be unauthorised.
8.4 The Customer acknowledges that GoLogic have not made any representations or warranty’s that are not expressly contained in GoLogic’s Terms and Conditions.
8.5 The Customer must not rely upon any statement or representation by GoLogic or on GoLogic’s behalf that is not expressly contained in the terms and conditions GoLogic set.
8.6 If any condition or warranty is implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of GoLogic for breach of any such implied condition or warranty shall be limited, at the option of GoLogic, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
8.7 The GoLogic Agreement is governed by and to be construed according to the law of Queensland.
8.8 The place of jurisdiction shall be the court having jurisdiction where GoLogic has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
9. Confidentiality and Privacy
9.1 GoLogic shall not disclose to third parties nor use for any purpose other than for the proper fulfillment of the purpose of this Agreement any information or content received from the Customer in whatever form under or in connection with this Agreement without the prior written permission of the Customer.
9.2 The above-mentioned limitations shall not apply to information which:
- (a) was in the possession of GoLogic prior to disclosure hereunder as proven by the written records of GoLogic; or
- (b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
- (c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Customer; or (d) was independently developed by personnel of GoLogic.
9.3 GoLogic will not sell the Content or Information of the Customer to any person.
9.4 GoLogic will ensure all personal customer information, account data and credit card details are kept in a secure location.
9.5 All information will be kept confidential to the best of our ability; however, due to the nature of online communication we cannot guarantee the security of transmissions which occur beyond our security control limitations. Messages are securely delivered to gateways for delivery by suppliers agreeing to the Privacy Act 1988 (Cth), as amended and the Australian Privacy Principles (APP’s), personal information is not shared to third parties for marketing or trading purposes and will be only be provided to internal companies associated with GoLogic Pty Ltd on a need to know basis.