Standard Terms and Conditions
Australia
1. Understandings
This Agreement gives you the ability to electronically send and track
the delivery of a range of business documents from your Attaché
Software to your customers and suppliers, via the Attaché Alex
service.
To link to the Attaché Alex service, you need to have purchased
Attaché Business Partner or Attaché Catapult software, including
the Attaché Alex Connect sub module. You also need to be and remain
a current member of the Attaché Customer Benefits Plan.
A transaction fee is charged for each business document successfully
sent and tracked by the Attaché Alex service, as per the terms
below.
Documents sent using the Attaché Alex service are carried over
your Internet Service Providers (ISP) connection. Any charges relating
to this ISP connection are your responsibility.
Document tracking information will be available for viewing at the Attaché
Alex web site which is www.attacheonline.com/alex
for a period of at least 6 months from date of receipt by the Alex service.
The document itself will be available for viewing for a period of at least
4 months from date of receipt by the Alex service for opened documents
and 12 months for unopened documents. Attaché Software Australia
Pty Ltd (Attaché) reserves the right to request a storage fee from
Alex service users who have very large data storage needs.
2. Ownership and copyright
Attaché and its associates are the owners of and have the copyright
in the Attaché software and Attaché Alex service. Under
this Agreement you have the right to use the Attaché Alex services.
3. Changes and cancellation
The transaction rates for the Attaché Alex service are listed on
the Attaché Alex web site www.attacheonline.com/alex.
Attaché reserve the right to add any other Government charges that
may arise in the future. Attaché has the right to change such rates
and terms herein at 60 days notice. You have the right to cancel your
use of the Attaché Alex service also at 60 days notice, being obligated
only to pay your minimum monthly amount plus any transactional usage over
this amount until expiry of the notice period.
4. Payments
Attaché will deduct the total amount owed on or after the 22nd
day of the month following the transactions, from your nominated credit
card or bank account as provided on the attached bank form. A tax invoice
will be sent to your e-mail address given on the front of this Agreement.
Should your payment details change, Attaché must be notified immediately.
If payment is not received by the end of the month following the transactions,
Attaché reserves the right to recover any bank charges incurred
plus charge an administration fee. Attaché may also suspend or
terminate the service until any outstanding amount is paid.
5. Limit to the service
Attaché's role is strictly limited to the sending and tracking
of business documents dispatched from your Attaché software. Attaché
has no responsibility in collecting debts, ensuring parties act on the
documents or whatever. Save for what is required by trade practices and
similar legislation, Attaché's liability is strictly limited to
the Attaché Alex transactional fee involved.
6. Service obligations
It is acknowledged that the Internet is a public communications medium
over which neither party has any control. The time taken for the delivery
of documents can therefore not be guaranteed despite an expectation that
more than 90% of deliverable documents would be available on the recipients
mail server within 4 hours from the time the document is received by the
Alex service.
The time taken to deliver a document to and receive a document from the
Alex service is also dependent on the type and speed of connection that
each business has with the Internet through an ISP. The extent of use,
other traffic, force majeure and more can also impact Internet links.
To the extent over which Attaché has control, the first contact
point for technical support or training is the Attaché consultant
listed on the last page of this Agreement at a fee that has been previously
agreed between you and such a consultant for such services. The Attaché
1902 969 002 fee for service support line is a normal business hours back
up service in the event the Attaché consultant can not respond
within a reasonable time.
7. Suggested savings
The suggested savings from using the Attaché Alex service as listed
on the web site and other material are provided only as a theoretical
guide. In practice it depends entirely on your circumstances which only
you can be a judge of.
8. Commissions
The parties acknowledge Attaché may pay commissions or fees to
an Attaché consultant or other person who introduces you to the
Attaché Alex service.
9. Bank account or credit card drawing arrangements
- our commitment to you
Where the due date falls on a non business day, we will draw the amount
on the next business day. We will not change the frequency of drawings
arrangements without your prior approval and the amount will be detailed
to you by way of a tax invoice as described in clause 4.
We reserve the right to cancel the payment arrangements if three or more
drawings are returned unpaid by your nominated financial institution and
to arrange with you an alternate payment method.
We will keep all information pertaining to your nominated account at
the financial institution, private and confidential.
10. Bank account or credit card drawing - your rights
and obligations
Subject to clause 3, you may stop or terminate the payment arrangements
at any time by giving written notice to Attaché. Such notice should
be received by Attaché at least 10 business days prior to the due
date and alternative method of payment offered.
Where you consider that a drawing has been initiated incorrectly you
should take the matter up directly with us, within 14 business days of
the drawing.
It is your responsibility to:
- ensure that sufficient funds are available in the nominated account
to meet a drawing on its due date.
- ensure that the authorisation given to draw on the nominated account
is identical to the account signing instruction held by the financial
institution where the account is based.
- advise us if the account nominated by you to receive the Attaché
drawings is transferred or closed.
- arrange with us a suitable alternate payment method if the Attaché
drawing arrangements are cancelled either by yourselves or the nominated
financial institution.
11. Governing Law
This agreement is governed by the laws of New South Wales, Australia.
12. Privacy Clause
All documents processed by the Attaché Alex service will remain
the property of the sender. Attaché will not disclose, transfer
or sell any such documentation, lists, e-mail addresses or fax numbers
to a third party without the prior written approval of the sender. Nor
will Attaché retain any such information of the client other than
for the provision of service under this agreement.
13. No Liability for damages and indemnity
So far as is permissible by law, Attaché shall not be liable to
the user for any injury, damage, or loss suffered by the user or any servant,
agent or invitee of the user arising out of the use or misuse of the Attaché
Alex service. Under no circumstances can Attaché be held liable
for events that occur outside its control.
14. Acknowledgements
By signing this page you acknowledge you have read and accept the terms
and conditions contained in this Agreement including but not limited to
the reservation contained in item 6 and the pricing details as displayed
on the Attaché Alex website. You also acknowledge that you have
the authority to sign this Agreement.

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