1. Who will be bound by these service terms and conditions
1.1. This document sets out the terms and conditions on which we provide one or more of the Services to you.
1.2. In this document, we use the words you or your to refer to the customers of one or more of the Services we provide.
1.3. The word you also includes your officers, employees, contractors, agents and anyone else (other than us or our representatives) who uses the Services.
1.4. In this document, we use the words we, us and our to refer to BlueBOX IT Pty Ltd (ABN 82 129 472 591) (trading as itself or as BlueBOX IT or any other business name registered by BlueBOX IT Pty Ltd from time to time).
1.5. The word us also include our employees, contractors and agents (including their respective employees).
2. Services
2.1. In this document, the words Service or Services means any one or more of the IT services that you have asked us, and we have agreed, to provide. Unless we have agreed otherwise in writing, these IT services only include those services set out in your BlueBOX IT Service Contract.
2.2. The features of the Service depend upon your selected service option(s).
3. Entering into your BlueBOX IT service contract
3.1. If you sign and return a BlueBOX IT Service Contract (including your ) to us, you will be taken to have read, understood and accepted all the terms of this document. If you do not agree to any of these terms, you must not return your signed BlueBOX IT Service Contract to us.
3.2. The BlueBOX IT Service Contract (including any other documents referred to in your BlueBOX IT Service Contract) and this document constitute the entire agreement between you and us about the Services (Service Agreement). The Service Agreement supersedes all previous agreements or understandings between you and us about the Services.
3.3. To our existing customers of the Services, unless we have agreed otherwise in writing, the terms of this document supersede all previous terms and conditions about the Services and form part of the agreement between you and us about the Services (also referred to as Service Agreement).
4. Minimum term of your service agreement
4.1. Unless we have agreed otherwise in writing, your Service Agreement has a minimum term of 36 months (Minimum Term).
4.2. The Minimum Term commences on the date we accept your Service Application or on another date we have notified you of in writing.
5. Service fees and other charges
5.1. Unless we have expressly agreed otherwise in writing, all fixed monthly service fees (which are subject to change on prior notice from us to you and agreed in writing) are payable in advance and all usage charges are payable monthly in arrears by the date specified on our invoice. Other fees and charges that are payable by you as set out in the Service Application are payable by the date specified on our invoice.
5.2. You agree that we may pass on any increase or occasional/one-off charges incurred by us (or our related companies) without notice where such charges are imposed by a carrier,carriage service provider or an equipment supplier, other than us and which have an effect on our cost of supplying the Services to you. The words carrier and carriage service provider are defined in the Telecommunications Act 1997 (Cth).
5.3. You agree that we may specify in your BlueBox IT Service Contract a default spend or usage limit on your use of any or all of the Services during a given calendar month (Default Limit). Once the Default Limit of a Service is reached, we may pass on any additional costs incurred by us in providing that Service to you during that calendar month.
5.4. Unless we have expressly stated to the contrary in your BlueBox IT Service Contract and subject to clause 5.2, our service fees, usage charges and other fees are subject to change upon 30 days prior written notice from us to you.
5.5. You must pay all amounts owing by you under the Service Agreement in accordance with our invoice by the given due date without any deduction or set-off.
5.6. If you do not pay our fees or charges by the given due date, you must within 7 days of a request:
(a) reimburse us any expenses we have incurred in recovering any overdue payments payable by you under your Service Agreement; and
(b) pay us interest at the default rate on any overdue payments payable by you under your Service Agreement. The default rate shall be equal to 2% per annum more than the rate from time to time fixed by the Penalty Interest Rates Act 1983 (Vic). Interest is to be calculated daily from the due date, continues until the overdue money is paid and is capitalised monthly.
6. Disputes relating to our fees and invoices
6.1. If we have made any errors in our invoice to you which result in overcharged usage charges, service fees or other charges (Billing Error), you may dispute that invoice on the ground of one or more Billing Errors by following the procedures set out in this clause 6 (Billing Dispute).
6.2. If you do not follow the procedures and requirements set out in this clause 6, we are not obliged to accept or consider your Billing Dispute and that all amounts in the invoice to which the Billing Dispute relates will be deemed to be accepted by you as a debt due and payable in accordance with the terms set out in clause 5.
6.3. This clause 6 does not apply to any disputes other than Billing Dispute.
6.4. If you initiate a Billing Dispute under this clause 6, you must do so in good faith and you must have reasonable grounds to believe that we have made one or more Billing Errors.
6.5. To initiate a Billing Dispute, you must notify us in writing of the dispute (Dispute Notice) within 30 days of the date of the relevant invoice that is the subject of the Billing Dispute (Relevant Invoice) and you must (unless we agreed otherwise in writing) first pay the full amount you are required to pay under the Relevant Invoice.
6.6. The Dispute Notice must:
(a) enclose a complete copy of the Relevant Invoice you wish to dispute;
(b) clearly set out the reasons why you dispute the Relevant Invoices and describe the Billing Error(s) you wish us to investigate;
(c) the amount under the Relevant Invoice which is in dispute;
(d) the amount under the Relevant Invoice which is not in dispute; and
(e) your expected outcome which will resolve the Billing Dispute.
6.7. Upon receipt of your Dispute Notice and subject to clause 6.8, we will investigate the matters referred to in your Dispute Notice and we will notify you of the results of our investigation in writing within 30 days (Our Findings). If we are satisfied that we have made the Billing Errors referred to in your Dispute Notice, we will promptly refund any overcharged amounts you have paid to us under the Relevant Invoice.
6.8. We will act in good faith when we investigate your Billing Dispute.
6.9. We may request you to provide further details of the Billing Errors referred to in your Dispute Notice or other matters relevant to our investigation of your Billing Dispute (Further Matters). We may postpone our investigation indefinitely until such Further Matters are provided to us.
6.10. If you do not agree with the results of our investigation referred to in clause 6.7, you must notify us in writing of your disagreement (Review Notice) within 7 days of receiving Our Findings. In the Review Notice, you must set out the reasons why you disagree with Our Findings in that notice and nominate a representative who will meet with our senior management to resolve the Billing Dispute (your representative must have all necessary authority to resolve the Billing Dispute).
6.11. Upon receipt of the Review Notice and provided that you have complied with clause 6.10, the Billing Dispute will be referred to our senior management. Our senior management will review Our Findings and meet with your representative within 14 days of receiving your Review Notice to resolve the Billing Dispute. Our senior management will have the right to determine the reasonable time, place and means of the meeting.
6.12. If you do not give us a Review Notice in accordance with clause 6.10 or if your representative has failed to meet with our senior management in accordance with clause 6.11 or if your representative do not have all necessary authority to resolve the Billing Dispute, the Billing Dispute will be deemed to have been resolved and we will have no further obligations in relation to the Billing Dispute.
6.13. If our senior management and your representative cannot reach a resolution of the Billing Dispute in the meeting referred to in clause 6.11, you may within 7 days of that meeting notify us in writing that you wish to resolve the Billing Dispute by arbitration (Arbitration Notice).
6.14. Subject to that you have complied with clause 6.13, the Billing Dispute shall be resolved by arbitration in accordance with the current commercial arbitration rules of the Institute of Arbitrators & Mediators. Arbitration shall take place using the submission of documents alone unless you and us agreed otherwise.
6.15. Unless we agreed otherwise in writing, the rights and obligations of you and us under your Service Agreement continue pending resolution of a Billing Dispute invoked under your Service Agreement. For the avoidance of doubt this include that we continue to have the right to terminate or suspend the Services in accordance with our rights under your Service Agreement.
7. Our liability to you
7.1. The terms that apply to you and us about the Services are expressly set out in your Service Agreement and any terms implied by laws that we cannot exclude. You acknowledge that other representations we make to you, whether in person, over the phone or in our marketing materials, are not part of your Service Agreement. You may have other legal rights in relation to those representations.
7.2. We limit our liability to you for any losses caused by any interruption or delay to the Services to an amount equal to the service charges payable by you for the affected service for the period of the interruption or delay.
7.3. Other than to the extent we have expressively accepted liability under your Service Agreement, we exclude all other liability to you or a third party for breach of contract, negligence or any other legal principles. If we cannot lawfully exclude our liability to you, our liability is limited to resupplying or paying the cost of resupplying services and repairing, replacing or paying the cost of repairing or replacing goods.
7.4. We are not liable for any loss to the extent that you, your employee, agents or contractors cause it.
7.5. We are not liable for any loss caused by us failing to comply with our obligations in relation to the Service where that is caused by any event that is beyond our control and we cannot prevent its consequences (for examples, a failure in equipment that is not owned or operated by us, an industrial strike, power shortage, an act of God, unforeseen act or omission of governments and regulatory authorities, war, sabotage, peril of sea, adverse weather conditions, explosion, fire, earthquake, etc.).
8. Your liability to us
8.1. You are liable to us for breach of contract or negligence under the law applied by the Australian courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
8.2. You agree to indemnify and hold us and our officers, agents, related entities, subsidiaries, joint venture partners, employees, representatives, contractors harmless from any claim, loss, damage, proceeding or other action (including, without limitation, reasonable legal fees), made by any third party due to, or arising out of, a breach of your Service Agreement by you, or a violation by you of any law of any country or of the rights of a third party.
9. Limits of the services
9.1. Subject to clause 9.2, there are certain matters that, despite our best efforts, we cannot guarantee or provide in relation to the Services. These matters include, without limitation, to those set out in this clause 9. However, these matters do not affect your rights and other warranties under any consumer protection laws of Australia that cannot be excluded (such as the Competition & Consumer Act 2010 (Cth) and State and Territory fair trading legislations).
9.2. We will use reasonable care and skill in providing the Services to you in accordance with your Service Agreement. However, given the nature of telecommunications systems, we cannot promise that the Services will be continuous, accessible at all times or fault free. The speed and quality of the connection of the Services will vary from location to location and from time to time and may be affected by internet congestion or other interference.
9.3. Where you provide your own equipment, you are responsible for any loss caused by an unauthorised interception of the Service.
9.4. We are not responsible for any loss caused by equipment provided by someone other than us.
9.5. We may not be able to provide detailed information about your usage of the Services.
9.6. We may monitor use of the service to see whether you are complying with our Acceptable Use Policy referred to in clause 10 or to investigate a breach (or suspected breach) of that policy. However, we are not under any obligation to enforce our Acceptable Use Policy or any other policy that applies to anyone using the Services.
9.7. Unless we expressly authorise you in writing to do so, you must not use or allow other person to use our equipment and the Services as critical components in life support devices or systems. In this clause 9.7:
(a) life support devices or systems means any devices or systems that are intended to be used to support or sustain life of a person and it is likely that a failure in such devices or systems would cause significant injury to the that person;
(b) critical components means any parts or components of a life support device or system and it is likely that a failure in such parts or components would cause failure in the relevant life support device or system or affect its safety or effectiveness.
10. Our acceptable use policy
10.1. You must comply with our Acceptable Use Policy set out in this clause 10 when you use the Services.
10.2. You must not use the Services, attempt to use the Services or allow the Services to be used in any way that could:
(a) cause you to breach any applicable part of your Service Agreement, or to breach a law (including a foreign law), a code or an instrument which governs your conduct;
(b) cause us to breach, or be involved in a breach of law (including a foreign law), a code or an instrument which governs our conduct;
(c) result in us incurring a liability to any person;
(d) interfere with the Services, our networks, IT systems, or equipment or those of another person, or the provision by our service to you or another person;
(e) manipulate or bypass any limitations on the Services by any means;
(f) cause damage to any person;
(g) violate or infringe the rights of a person or corporation; or
(h) result in anyone engaging in conduct or activities that we consider could adversely affect or prejudice our reputation or brand.
10.3. If you breach our Acceptable Use Policy, we may take remedial action. We may also take remedial action if the law or a regulator or other authority requires us to do so. The types of remedial action that we may take include (but not limited to):
(a) for a serious breach, immediately terminating or suspending the Services;
(b) for a non-serious breach where the consequences are serious, immediately terminating or suspending the provision of the Services;
(c) for all other breaches, immediately suspending the Services and then terminating the Services if you do not remedy the breach;
(d) if the Services involve us publishing, hosting or making available material or content provided or selected by you, removing or disabling access to that material or content;
(e) giving you a notice to stop the activities or conduct, or to take steps to remedy your breach;
(f) giving you a warning that any further repetition of the activity or conduct will result in us immediately terminating or suspending the Services; and
(g) reporting of the activities or conducts to relevant authorities.
10.4. We will try to inform you before we terminate or suspend the Services under clause 10.3 if it is reasonably practicable for us to do so.
11. Changing of the terms of your service agreement
11.1. Unless otherwise stated in your Service Agreement or prohibited by the law, we may change the Services and the terms contained in this document (Change) in accordance with this clause 11 from time to time and at our sole and absolute discretion.
11.2. The current version of this document will be published at www.BlueBOXIT.com.au.
11.3. We will notify you of a Change at least 10 days before it is made, unless:
(a) such Change is made in order to comply with the law or to fulfill our legal obligations under contract, tort, equity and other courses (if this is the case, we will give you as much notice a we reasonably can);
(b) such Change results from changes in the law or a contract we have entered into with a third party (if this is the case, we will give you as much notice a we reasonably can);
(c) we reasonably believe that such Change will provide a more favourable outcome to you under the Service Agreement, has no impact on you or has neutral impact on you (if this is the case, we have no obligation to notify you of the Change before it is made).
11.4. If a Change is made by us during your Minimum Term and if such Change leaves you materially worse off under your Service Agreement (but does not fall within clauses 11.3(a) and 11.3(b)), you may terminate your Service Agreement by notifying us in writing within 30 days from when we notify you of the Change provided that there is no unremedied breach of your Service Agreement by you of which we have given you written notice and that you have not persistently committed breaches of your Service Agreement. If you terminate your Service Agreement pursuant to this clause 11.4, you will not have to pay us the Cancellation Fee referred to in clause 12.2 and your Service Agreement will be terminated from the date the relevant Change takes effect.
11.5. Subject to clause 11.6, if a Change is made after the end of your Minimum Term and you do not accept the Change, you may cancel the Services by notice to us in writing. If you terminate the Service Agreement pursuant to this clause 11.5, your Service Agreement will be terminated from the date the relevant Change takes effect.
11.6. If you do not notify us of your decision to terminate your Service Agreement in accordance with clauses 11.4 or 11.5 and you continue using the Services from the date on which the relevant Change takes effect (or in the case of clause 11.5, 10 days from when we notify you of the Change), the Change will apply to you.
11.7. Termination of your Service Agreement pursuant to clauses 11.4 or 11.5 will be without prejudice to the rights and obligations of you and us under your Service Agreement in respect of any occurrence prior to such termination.
12. Your right to terminate the services
12.1. You may terminate the Services at any time by calling us on +613 9017 5554 or by email to [email protected].
12.2. However, if you terminate the Service before the end of the Minimum Term, you must pay us a cancellation fee equal to the balance of the total remaining monthly service fees for the Minimum Term (Cancellation Fee). However, your obligation to pay a cancellation fee does not limit or affect the rights you may have under the Competition & Consumer Act 2010 (Cth) in relation to the Services.
13. Our Right to terminate or suspend the services
13.1. We may terminate the Services at any time if:
(a) you are in breach of your Service Agreement; and
(b) we have written to you about your breach and you do not remedy it with 14 days (if the breach can be remedied). If the breach is something that cannot be remedied, we may immediately terminate the Services by notifying you in writing. You acknowledge that we may suspend or restrict the Services during the above 14 days period before we terminate the Services under this clause 13.1.
13.2. We can cancel, suspend or restrict the Service by giving you as much notice as we reasonably can if:
(a) you become or likely to become bankrupt or insolvent; or
(b) we reasonably consider that you pose an unacceptably high credit risk to us.
13.3. If we terminate the Services under clauses 13.1 and 13.2 during the Minimum Term, you must pay us the Cancellation Fee referred to in clause 12.2.
13.4. We may terminate the Services before the end of the Minimum Term if we:
(a) get your consent;
(b) take reasonable steps to appropriately offset the effect of the termination on you;
(c) transfer you to a reasonably comparable services; or
(d) transfer you to an alternative services and take reasonable steps to offset any material detrimental impacts of the transfer caused by the material differences between the Services and the alternative services.
13.5. If we terminate the Services for whatever reason, you must still pay us any charges incurred before the cancellation.
13.6. We may also terminate the Services at any time after the end of the Minimum Term by notifying in writing via email at least 14 days before the termination.
13.7. We may suspend or restrict the Services from time to time if it is required for the maintenance, integrity, protection or restoration of our networks or systems. If we need to suspend the Services, we will give you as much notice as we reasonably can in the circumstances.
13.8. We cannot control some external events (including, without limitation, change in legislation, the determination or policy effected by a government authority) that may affect us providing the Services to you. Some external events may prohibit us from providing the Services to you at all or on the same terms. If this happens, we may immediately terminate the Services but we will give you as much notice as we reasonably can.
14. Effect of termination
If the Services were terminated under clauses 12 or 13:
14.1. Any software licences provided to you as part of Infrastructure as a Services (IaaS), Security as a Service (SECaaS, and Software as a Service (SaaS) will immediately terminate; and
14.2. You must immediately return all our property to us that are in your possession at the time of termination.
15. Supply of equipment (if applicable)
15.1. If we sell or lease an equipment (Equipment) to you:
(a) this clause 15 applies;
(b) we will install and configure the Equipment at your premises as specified in your BlueBox IT Service Contract (Premises).
15.2. If we notify you with a date for installation, we will use reasonable endeavor to keep to that date. However, if we cannot keep to that date, we will install the Equipment as close to that date as reasonably possible.
15.3. You warrant that you are the owner of the Premises or you have the owner’s permission for us to enter the Premises to install, maintain or remove the Equipment.
15.4. You must ensure that we are given safe access to the Premises when we come to install, maintain or remove the Equipment.
15.5. We will grant you a non-exclusive, revocable, non-transferable licence to use the software installed on the Equipment (if any) for the sole purpose of receiving the Services.
15.6. If we lease the Equipment to you:
(a)the charges in respect of the Equipment (if any) will be included in our service fees and are subject to the payment terms that apply to you;
(b)the Equipment remains ours or, if we are not the owner of the Equipment, the relevant supplier’s property at all time;
(c)you must not remove the Equipment from the Premises without our prior written consent;
(d)you must not relocate the Equipment within the Premises without our prior written consent;
(e)you must not remove from the Equipment any nameplate or label identifying the owner of the Equipment;
(f)you must not make any alterations or additions to the Equipment;
(g)you must not sublet, part with possession, sell, transfer, deposit, pledge, lend, bail or otherwise dispose of the Equipment without our prior written consent. If any person seizes or attempts to seize the Equipment, you must promptly notify us and you must inform that person of our property rights or, if we are not the owner of the Equipment, the relevant supplier’s property rights over the Equipment;
(h)you must promptly notify us if the Equipment is no longer able to be used, is not operating or is lost, destroyed or damaged while it remains at your Premises. We may require you to reimburse us for the reasonable cost of replacement or repair of the Equipment. If the Equipment is not in your possession, you will do everything you can to assist us to locate the Equipment; and
(i)you must immediately return the Equipment to us upon the expiry or termination of your Service Agreement for any reason.
15.7 If we sell you the Equipment:
(a)the charges in respect of the Equipment will be included in our service fees and are subject to the payment terms that apply to you;
(b)title in the Equipment remains with us until we have been paid in full the charges for the Equipment;
(c)risk in the Equipment passes to you when we deliver the Equipment to you at the Premises;
(d)you must promptly notify us if the Equipment is no longer able to be used, is not operating or is lost, destroyed or damaged while it remains at the Premises; and
(e)you must ensure that the Equipment is operated and kept in an environment which meets the manufacturer’s requirements.
15.8. You must use the Equipment for ordinary business purposes only. You must not use the Equipment for any illegal or unlawful purpose that may result in its confiscation or seizure or to supply the Service or similar services to third parties.
16. Software licenses
If we supply software to you, we will grant you a revocable non-exclusive license to use the software on the following terms:
16.1. You must only use the software (including storing, loading, installing, executing or displaying it on a computer) with the Services.
16.2. You must only use it in accordance with our reasonable directions from time to time.
16.3. You must not sub-licence, assign, share, sell, lease or otherwise transfer any right to use it to someone else;
16.4. You must not copy (other than making one copy for archival or backup purposes), translate, adapt, modify, alter, de-compile, disassemble, or reverse-engineer the software; create any derivative work of the software; merge the software with any other software; or change the software in whole or in part, except as permitted under the Copyright Act 1968 (Cth); and
16.5. You must not alter or remove any copyright or other intellectual property notifications applied to the software.
17. Information and privacy legislations
17.1. We will hold in our database your personal information which include, without limitation, your name, address, telephone numbers, facsimile number, email address, bank account or credit card details, billing details, information relating to the provision and use of the Services, and information you provide in connection with the Services (Personal Information).
17.2. We collect, use and disclose Personal Information as set out in our Privacy Statement. The current version of our Privacy Statement will be published at www.BlueBOXIT.com.au.
17.3. We may give credit information about you to a credit reporting agency to:
(a) obtain a consumer credit report about you; or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about you.
17.4. We may:
(a) obtain and use information concerning your commercial activities and commercial credit worthiness from a credit reporting agency (or similar organisation) to assess your application for the Service (if the application is for consumer credit) or to collect overdue payments;
(b) obtain or use a consumer credit report about you from a credit reporting agency (or similar organisation) to assess your application for the Services (if it is for commercial credit) or collect overdue payments; and
(c) disclose information about you to other credit providers or obtain and use information about you from other credit providers for the purposes of assessing your application for the Services, your ongoing credit worthiness or the status of any account held by you with us or with any other credit provider,
in accordance with the Privacy Act 1988 (Cth) 17.5. In this clause, credit information means:
(a) identity particulars (name, address, date of birth, ABN, ACN or ARBN);
(b) your application for credit or commercial credit, including the amount applied for;
(c) the fact we are a current credit provider to you;
(d) payments which are overdue by more than 60 days and for which debt collection has commenced;
(e) advice that payments are no longer overdue in respect of a default which has been listed;
(f) information that you have committed a serious credit infringement; and
(g) cheques drawn by you for more than $100 and which have been dishonoured more than once.
18. Transferring your service agreement
18.1. Your rights under your Service Agreement belong to you alone. You may not transfer your rights and obligations in respect of the Services under your Service Agreement without our prior written consent. We can refuse to give you our consent without the need of setting out the reasons of our refusal.
18.2. From time to time, we may need to ask another party to provide some aspect of the Services to you. We may transfer or novate all or any part of our rights or obligations under your Service Agreement to one or more third parties who agrees to be bound by our obligations under your Service Agreement. We will tell you at least 30 days beforehand if this happens.
18.3. If the transfer of the Services requires reconnection, relocation and/or reinstallation of any equipment provided by us in connection with the Services:
(a) we cannot guarantee (even if we have given you our consent to the transfer) that we will be able to provide the Services (or any part of the Services) to you if you ask us to change the place where the Services are provided; and
(b) you may need to pay a charge for installing the Services at the new address. You may experience some delays from a change of address and we do not take responsibility for any delays resulted from or in connection with the relocation of the Services.
19. GST
19.1. You must pay us any applicable taxes that we include as part of your invoice for the Services. Applicable taxes may include any duties, fees, taxes (including GST) and charges relating to your purchase or lease of any equipment from us on your Service Agreement.
19.2. If GST is imposed on any supply we make to you under your Service Agreement and the amount payable for the supply under any other clause of the Services is not expressed to be inclusive of GST, you must pay us on demand an additional amount calculated by multiplying the value of that GST-exclusive amount (without deduction or set-off) by the prevailing GST rate. We will issue a tax invoice to you for any supply on which GST is imposed.
19.3. Unless otherwise stated, all pricing, fees and charges stated in your Service Agreement are exclusive of GST.
19.4. In this clause, GST and Tax Invoice have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
20. Miscellaneous
20.1. If any part of the terms of your Service Agreement is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.
20.2. Any failure, delay, relaxation or indulgence on the part of us in exercising any power, right or remedy that we are entitled to under your Service Agreement is not a waiver of that power, right or remedy. If we exercise any power, right or remedy in whole or in part, it will not preclude us from exercising:
(a) the same power, right or remedy again; or
(b) any other power, right or remedy under your Service Agreement.
20.3. Any waiver of a breach of your Service Agreement must be in writing signed by us granting the waiver and shall be effective only to the extent specifically set out in that written waiver.
20.4. If we need to notify you of any matters relating to your Service Agreement or the Services (or both), we may use post, facsimile or email. You must regularly check any email address that you provide to us as your contact email address.
20.5. Your Service Agreement is governed by and construed and enforced in accordance with the laws in force from time to time in the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their respective courts of appeal (Courts of Victoria). You waive any right that you may have had to object to an action being brought in the Courts of Victoria including, but not limited to, claiming that the action has been brought in an inconvenient forum or that the Courts of Victoria do not have jurisdiction.
20.6. We reserve any rights not expressly granted to you in your Service Agreement.
20.7. In this document, unless the context otherwise requires:
(a) words denoting the singular include the plural and vice versa;
(b) words denoting a natural person include a company, corporation, corporate body, government agency or authority or crown instrumentality and vice versa;
(c) headings are for convenience only and shall not affect interpretation of this document;
(d) a reference to a party includes its successors and permitted assigns;
(e) any term is not to be construed against us because we prepared that term.
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