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Terms & Conditions

Customer Acknowledgement

The Customer agrees to these Terms and Conditions by the placement of an order to purchase Customer Relationship Management software (“CRM software”) from Fonebox Australia Pty Ltd trading as (Fonetrak, Fonebox Australia, Voiceworks Australia and Advertising On Hold). 

Fonetrak is a trading name of Fonebox Australia Pty Ltd. This contract of sale is between the entity named on the invoice (the "Customer") and Fonebox Pty Ltd ("Fonetrak").
All goods are supplied on these terms and conditions only.  No agent or employee of Fonetrak has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever without the express permission of the Director. Previous dealings shall not vary or negate these terms and conditions in any respect.

Contractual Period

The contract period is for one year.  The Customer may not terminate the contract before the expiry of the year period.  The Customer will be billed on a monthly basis and is required to pay his or her bills in a timely manner.

Trial Policy

Fonetrak offers the Customer the opportunity to trial its product for a thirty day period (“The Trial Period”).  The Trial Period begins at the point the customer receives the thirty day license, and ends thirty days after receipt.  For example, if the Customer receives the license on 1st August 2009, the license will expire on 31st August 2009.  During the Trial Period, the customer is provided with access to Fonetrak Customer Relationship Management software.  Unless other Terms and Conditions are agreed to, the Customer will be provided with the basic CRM package. 

The Customer is under no obligation to purchase Fonetrak software.  Once the Trial Period expires, the Customer can elect to continue using the software by purchasing a yearly license.  Fonetrak may keep the information provided by the Customer during the Trial Period and use it for its own purposes, in compliance with its Privacy Policy.

Loss of Information

Fonetrak is not liable to compensate the Customer for any costs associated with, derived from, consequential to, or wholly attributable to information loss caused by Fonetrak software, system or server failure.    It is the Customer’s responsibility to back up his or her information as he or she sees fit.  If the Customer fails to back up his or her information, and Fonetrak subsequently loses that information, the Customer is wholly responsible for the information loss.  Fonetrak offers no guarantees information uploaded onto its CRM interface will be protected from loss.  Fonetrak will endeavour to deal with information in accordance with its Privacy Policy; however Fonetrak is not bound to follow any policy objectives stated in its Privacy Policy.   

Warranty Information

Fonetrak does not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of its product.  Any representations or warranties made in the negotiation process, or inferred by earlier conduct, are superseded by acceptance by the parties of the Terms and Conditions. If for any reason Fonetrak is unable to fulfil the service described we will notify you within 2 business days. 

Title to Goods

Fonetrak CRM software remains the sole and absolute property of Fonetrak as legal and equitable owner.  Upon receipt of payment, the Customer is deemed licensee and is awarded a license to use the software for a fixed-period.   The licensee may only use the software in accordance with the terms and conditions attached to the license agreement.  Once the fixed-period license expires, the Customer retains no right to use the software for any purpose whatsoever. 

Payment

The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim on or before the payment date.
In addition to any other rights or remedies of Fonetrak in the event of the Customer's default hereunder, Fonetrak shall be entitled:

• To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
• To immediately and without notice revoke the Customer’s license to use Fonetrak’s CRM software;

Price Changes

Fonetrak reserves the right to change the price of its products at its discretion without notice.  Fonetrak will endeavour to alter prices in accordance with the consumer price index as measured by the Australian Bureau of Statistics, but is not bound to follow this guideline.

Errors and Omissions

Fonetrak makes no representations about the suitability of its information; it is provided "as is" without warranty of any kind. Documents and graphics published may contain technical inaccuracies or typographical errors.  If an error is made or a product is listed at an incorrect price, Fonetrak shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Fonetrak shall immediately issue a refund.

Limitation of Liability

Fonetrak shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State legislation, Fonetrak's liability for any such breach shall be limited, at its sole discretion, to any of the following:

• Replacement of the software or any part thereof;
• Supply of equivalent software or any part thereof;
• Repair of the software or any part thereof;
• The payment of the cost of having the software or any part thereof repaired; or
• Refund of the software upon revocation of license.

All Sales Made in Queensland

All sales shall be deemed made in the state of Queensland, Australia, regardless of the location of the Customer. The Customer agrees that any dispute with Fonetrak shall be brought by the Customer exclusively in the state or federal courts situated in the State of Queensland.  The Customer agrees to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals therefrom.

General

In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.

Changes to Terms and Conditions

Fonetrak may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.