On 3 August 2020, we updated the Terms and Conditions which govern your use of the MessageNet Service. Below is a summary of some of the other key differences between our old and new terms. All capitalised terms which are not defined have the meaning as set out in the Terms and Conditions.
- A Statement of Work is now called an “Application Form”. The terms of any Statement of Work you signed up to will still apply.
- Unless your Plan states otherwise Prepaid Entitlements expire after 12 months and are non-refundable and non-transferable.
- If you are on a pre-paid Service, we will enable an automatic top-ups for your Prepaid Entitlements. You can disable this feature by accessing the billing page in your Account (clause 8)
- Content which cannot be sent through your Account is broadened to include things such as financial advice and emergency warnings (e.g. emergency services) (definition of “Restricted Content”)
- We may refer to you as a customer or user of our services in our marketing materials (see clause 21).
- If you are on a post-paid service, we may, any time, make supply of Service conditional on you providing and/or maintaining security and/or third party guarantees to our reasonable satisfaction (clauses 24 and 25);
- For post-paid accounts fees are due within 14 days of invoice, not 30 (clause 32)
- Clause 34 sets out more clearly any rights we have to charge you for costs associated with late payment.
- Clause 36 sets out the tax position in connection with the Service.
- An Acceptable Use Policy now applies to your use of the Service. We also have a Service Level Agreement which depending on your Plan, may apply to your use of the Service.
- The limitation of liability for each party is based on the fees in the 12 months’ preceding the event giving rise to liability, not the average monthly fees throughout the terms of the Agreement (clause 43)
- Either party may now terminate for convenience upon 30 days’ written notice to the other (Clauses 44 and 45)
- If your Customer Contract has a Minimum Term, you are not entitled to terminate your Customer Contract during the period of the Minimum Term except in limited circumstances (see clause 45). If you do so an Early Termination Fee may be payable.
- We can amend your terms and conditions upon 14 days’ notice to you (clause 49). You have the right to terminate your Contract if you do not agree with such variation.
- We have removed the formal dispute resolution proceedings clause so standard dispute resolutions proceedings will apply.
The above summary does not seek to provide you with legal advice. You should seek your own independent legal advice if you have any concerns or do not understand any aspects of your new terms or unsure of your rights.
Please do not hesitate to contact us if you have any queries or concerns.