These Terms and Conditions apply to the supply of Goods and/or Services by the relevant PostNet Franchisee ("PostNet") and do not bind PostNet Australia Pty Ltd in any manner whatsoever.
1 Quotation, Proposal and Creation of Contract
1.2 Quotes are valid for a period of 30 days from their date of issue. Quotes will be deemed accepted upon the Client placing an order and/or instructing PostNet to proceed with the Project.
1.3 Proposals are valid and may be accepted within 30 days from their date of issue. After such 30 day period has expired, PostNet reserves the right to reconsider any term or condition of the Proposal (including the re-pricing of the Proposal).
1.4 Prices included in Quotations and Proposals are based on PostNet's current cost of production (materials, labour, machine time, etc.). If between the date of the Quotation and/or Proposal and the date of Completion of the Project, the price of any component such as labour or materials increases, PostNet reserves the right to vary the costs payable for the Project to reasonably reflect such increased costs. PostNet will advise the Client of any such proposed increase and the Client will have the right to terminate (by written notice to PostNet) the Project, subject to payment of all costs for work performed by PostNet up to the date of such termination.
2 Agency Arrangements
2.1 If the Client contracts with PostNet on behalf of any other person i.e. other than for the Client personally, the Client warrants that they are authorised to enter into a contract on behalf of such person and that the Client will be liable for all costs irrespective of whether or not the details of such other person are disclosed to PostNet.
2.2 If PostNet is contracted to work on a Proposal for a Client of the Client, PostNet will have no duty or responsibility to such Client and will not be contractually bound to such Client.
2.3 The Client agrees to indemnify PostNet against any claim (of any nature) by any Client of the Client which arises as a direct or indirect consequence of the Client's use, or inability or unwillingness to use, the material delivered by PostNet to the Client.
3 Client Brief and Instructions
3.1 PostNet prides itself on its ability to deliver quality work in a timely and cost-effective manner. Fundamental to this process is the completeness of scope of the Client's brief. To be able to provide Goods and/or Services and to deliver a Project on time and within the parameters of a Quotation and/or Proposal, all supporting documentation and information must be provided to PostNet before the issue of any Proposal and before PostNet commences work.
3.2 PostNet shall only be required to fulfil the requirements specified in the Quotation and/or Proposal. PostNet shall not be responsible for errors or omissions in the Client's instructions or verbal instructions.
3.3 On the valid acceptance of a Proposal, PostNet will, where applicable, confirm the proposed process, timeline and delivery date for the performance of the Project.
4 Costs and Fees
4.1 All prices are based on work specified in the Quotations and/or Proposals and/or further instructions given by the Client. The labour costs specified in PostNet's Quotations and/or Proposals are based either on an hourly rate or a Project basis. On occasion, where requested by a Client, PostNet may consider a retainer arrangement.
4.2 The Client will be liable for any goods and services tax (GST) payable on the supply of Goods and/or Services by PostNet to the Client. Goods and services tax (GST) will be charged in addition to costs and fees and will be itemised in the Invoices.
4.3 PostNet's initial consultation is provided free of charge.
4.4 Emergency turnaround requirements of less than 48 hours, and out of business hour requirements will attract a premium, which will be negotiated and agreed with the Client. Prices will be increased to cover overtime work or other additional costs incurred as a result of any requirement for urgent completion of a Project.
5 Payment Terms
5.1 All Invoices will be payable COD unless prior credit arrangements have been agreed upon.
5.2 Any credit arrangements will require PostNet's Account Application Form to be completed and approved by PostNet. Any credit provided to a Client must be paid in full within 30 days from the date of the Invoice.
5.3 Any deposit specified in the Proposal, must be paid by the Client on the date of acceptance of the Proposal and in any event before commencement of the Project. The amount of deposit will vary with the Goods and/or Services to be provided.
5.4 The amount of a deposit will reflect PostNet's reasonable estimate of costs incurred to the date prior to the due date of payment of the deposit and is non-refundable.
5.5 PostNet will issue Invoices at Completion of the Project for the price specified in the Quotation and/or Proposal plus any additional charges referred to in these Terms and Conditions or as agreed, or if the Project is lengthy, PostNet may at its discretion issue interim Invoices on either a monthly basis or such lesser period by reference to the work performed to that date in accordance with the fee schedule included in the Proposal, or if no fee schedule is specified, as reasonably calculated by PostNet by reference to the amount of work performed.
5.6 PostNet may issue an Invoice for the amount specified in the Quotation and/or Proposal before commencing the Project where PostNet has not previously carried out work for the Client or where PostNet considers it prudent to do so. PostNet may, in the event that PostNet is of the view that completing the Project will take more than a month, at any time before the Project is completed, issue one or more Invoices for a proportion of the amount specified in the Quotation and/or Proposal (the proportion to be at PostNet's discretion) and require that proportion to be paid in advance of any further work being done.
6 Late or Non-Payment
6.1 If an Invoice is not paid when due, PostNet may cease any further work on the Project until all outstanding Invoices have been paid.
6.2 PostNet may at its option charge interest on amounts not paid when due. Such interest is to be calculated on a daily basis from the date any such amount should have been paid until the date of payment. Such interest will be payable at a rate equal to that charged by the Commonwealth Bank of Australia on overdrafts not exceeding $100,000, plus 3%. Such charge represents PostNet's genuine assessment of the liquidated damages which PostNet will suffer as a result of the Client's delay in making payment.
6.3 The Client must pay to PostNet any costs, expenses or losses incurred by PostNet as a result of the Client's failure to pay PostNet all sums outstanding from the Client to PostNet, including without limitation all debt collection and legal costs (on an indemnity basis).
7.1 PostNet shall notify the Client when the Goods and/or Services are ready for collection.
7.2 The Client must collect the Goods and/or Services from PostNet's premises upon being notified by PostNet that the Goods and/or Services are ready for collection. If PostNet agrees to deliver the Goods and/or Services, the Client shall bear all freight and charges of such delivery.
7.3 PostNet will use its best endeavours to deliver the correct quantity ordered. However, quantities will at all times be considered estimates only, and are conditional upon a margin of five percent (5%) being allowed for overs or shortages, which shall be charged for or deducted as appropriate.
8.1 The Client must inspect Goods and/or Services supplied by PostNet within seven (7) days from delivery or otherwise, within seven (7) days of notification that the Goods and/or Services are ready for collection. Any claims against PostNet must be in writing within such seven (7) days.
9.1 To the fullest extent permitted by law, except as provided herein or under the Australian Consumer Law, PostNet shall not be liable to the Client in contract or tort for any loss or damage or for consequential loss or damage of any kind (including but not limited to increased costs or expenses, any loss of profit, revenue, business, contracts or anticipated savings, any loss or expenses resulting from a claim by a third party or any other special, indirect or consequential loss or damage of any nature whatsoever) arising out of the supply of the Goods and/or Services, or arising out of PostNet's negligence, or caused by PostNet's failure to complete or delay in completing the Project or to deliver Goods and/or Services or in any way whatsoever.
9.2 Except as otherwise provided in the Australian Consumer Law, any advice, recommendation, information, assistance or service given by PostNet in relation to the Goods and/or Services provided by PostNet or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. PostNet does not accept any liability or responsibility for any loss suffered as a result of the Client's reliance on such advice, recommendation, information, assistance or service.
9.3 PostNet acknowledges liability for the guarantees in relation to the supply of Goods and/or Services prescribed by the Australian Consumer Law provided that to the extent permitted by the Australian Consumer Law, the liability for any failure to comply with such guarantees is hereby limited to:
(1) In the case of Goods, any one or more of the following:
(a) The replacement of the Goods or the supply of equivalent goods;
(b) The repair of the Goods;
(c) The payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(d) The payment of the cost of having the Goods repaired; or
(2) In the case of Services:
(a) The supplying of the Services again; or
(b) The payment of the cost of having the Services supplied again.
9.4 Except as otherwise provided in the Australian Consumer Law, PostNet will not be liable to the Client for loss, howsoever caused, of any Client property supplied to PostNet or for any damage, loss or destruction of any Client property unless the loss or damage has been caused by the failure of PostNet to exercise due care and skill in handling or storing such property.
9.5 PostNet will not be liable to the Client for loss, howsoever caused, of any data stored on disks, tapes, compact disks or other media supplied by the Client to PostNet or for any damage, loss or destruction of any property of the Client unless the loss or damage has been caused by the failure of PostNet to exercise due care and skill in handling or storing such property.
9.6 Unless expressly set out herein, all implied warranties and conditions in relation to any supply by PostNet are expressly excluded (unless such warranties cannot be excluded under law).
10 Expedited Completion of Project
10.1 The Client acknowledges that a requirement for urgent completion of a Project increases the likelihood of defects. PostNet will use reasonable efforts to avoid defects but will not be liable for defects arising because of urgent completion of a Project.
11 Cancellation and Postponement
11.1 Except as set out in clause 11.2, if a Project is terminated or cancelled or suspended or postponed for a period of up to 30 days by the Client prior to Completion, PostNet shall be entitled to be compensated for hours worked on the said Project to the date of termination, cancellation, suspension or postponement, including the costs of any materials, incidentals and third party contractors.
11.2 If the Project comprises in whole or in part any website development, then once the design work for a website has been signed off by the Client and website build has commenced, such website development component of the Project cannot be cancelled and the total cost of such website development must be paid for in full.
11.3 Except as otherwise provided in the Australian Consumer Law, the Client agrees that PostNet is not liable for any loss of income or for any indirect or consequential costs or damages suffered by the Client or by any third party as a result of any delay that has been caused to the Client's business or to the business of any third party due to the cancellation, suspension or postponement of any Project.
12 Third Party Contractors
12.1 PostNet, may as agent for the Client directly or indirectly engage the services of another contractor ("Third Party Contractor") to carry out all or part of the Project. PostNet shall pay the charges of Third Party Contractors on the Client's behalf and recharge them under the Project fees.
12.2 PostNet will take all reasonable care in selecting and instructing a Third Party Contractor. While reasonable care will be taken, PostNet has no control over the activities of a Third Party Contractor and therefore, except as otherwise provided in the Australian Consumer Law, accepts no responsibility for the services provided to the Client by any such Third Party Contractor or for any errors or omissions in its services or products. Any claim by the Client in relation to such services must be made directly against the Third Party Contractor.
13 Goods and/or Services from Third Party Suppliers
13.1 If PostNet must obtain goods (including stock, typefaces, plates, etc.) and/or services not normally stocked or supplied by PostNet from a third party in order to carry out the Client's instructions:
14 Material Supplied by Client
14.1 If PostNet and the Client agree that the Client is responsible for supplying materials for the purposes of the Project, the Client must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by PostNet. PostNet will not normally count or check the materials and if requested by the Client to do so, may charge for counting or checking. PostNet will not be responsible for any defects in the goods which are caused by defects in or the unsuitability of materials supplied by the Client. Property in any materials supplied by the Client and incorporated into the Goods and/or Services passes to PostNet at time of incorporation.
15 Copyright and Trademarks
15.1 Copyright in all work produced by PostNet shall remain the property of PostNet unless otherwise agreed in writing.
15.2 All Goods and/or Services provided by PostNet may only be used for lawful and ethical purposes. This includes, but is not limited to copyrighted material. PostNet is not required to perform any Goods and/or Services it considers to be unethical, objectionable, threatening, obscene or pornographic.
15.3 The Client warrants to PostNet that the Client has copyright in, or a license to authorise PostNet to reproduce all materials supplied by the Client to PostNet for the purpose of the Project. The Client expressly authorises PostNet to reproduce all and any of such works for the purposes of the Project.
15.4 The Client warrants it has the right to use applicable trademarks which may be incorporated in any Project.
15.5 The Client indemnifies and agrees to keep PostNet indemnified against all liability, losses or expenses incurred by PostNet in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by the Client for the purpose of the Project.
15.6 Conditional upon receipt of payment in full for the work performed by PostNet, PostNet grants to the Client a non-exclusive license to use PostNet's copyright in works created by PostNet for the purposes of the Project only, but for no other purposes.
16.1 The Client must keep confidential and must not (without PostNet's written consent) use any ideas, systems or processes, intellectual property communicated or made available by PostNet to the Client. Similarly PostNet agrees to maintain the confidentiality of the Client in all confidential materials supplied by the Client to PostNet for the purpose of the Project.
17 Final Proofs
17.1 Final proofs will be presented by PostNet to the Client for approval prior to Completion of work which forms part of the Project.
17.2 When the Client executes PostNet's proof approval document, the Client is assumed by PostNet to have reviewed all aspects of the material presented and to be satisfied with it and to have noted any exceptions in writing.
17.3 If PostNet has submitted to the Client a proof of the work, PostNet will not be responsible for any error in the work which appeared in the proof and which was not corrected by the Client before the Project was completed. The cost of additions or alterations to any proof submitted to a Client will be added to the price (unless changes to the proof are merely typographical corrections).
18.1 The risk in the Goods and/or Services passes to the Client at the time of delivery if PostNet delivers the Goods and/or Services to the Client's premises or the Client collects the Goods and/or Services from PostNet's premises. If the Goods and/or Services are not collected or delivered within 7 days of PostNet notifying the Client that the Goods and/or Services are ready for collection, risk passes on this date.
18.2 PostNet shall not be liable for insurance, freight or loss or damage to Goods and/or Services in transit incurred in delivery or which have been left at PostNet's premises.
18.3 PostNet has no obligation to insure any property of the Client in PostNet's possession. The Client must pay the cost of any insurance arranged by PostNet at the request of the Client.
18.4 If a Client leaves property in PostNet's possession for more than 12 months, PostNet may dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.
19.1 Ownership of and title to the Goods and/or Services contained in any Project delivered to the Client under any contract between PostNet and the Client, shall not pass to the Client until payment in full of all Invoices and sums due to PostNet under such contract has been made to PostNet.
19.2 The risk of damage to or destruction of any item delivered by PostNet to the Client shall pass to the Client upon delivery, notwithstanding that ownership of the item has not then passed, and the Client shall ensure that such item is adequately insured from time of delivery.
19.3 Until the Goods and/or Services have been paid for in full, the Client must not:
19.4 The Client irrevocably authorises PostNet at any time, to enter any premises upon which the Goods and/or Services are stored to enable PostNet to inspect the Goods and/or Services and, if the Client has breached these terms and conditions or suffers an Insolvency Event, to reclaim possession of the Goods and/or Services. The Client indemnifies PostNet against any liability to any person in connection with the entry or reclamation.
19.5 The Client acknowledges and agrees that:
19.6 The Client undertakes to:
19.7 The Client waives any rights to receive any verification statement or other notice required to be issued under the Personal Properties Securities Act 2010.
20.1 The Client expressly agrees that the use of websites which form part of any Project is at the Client's sole risk. Except as otherwise provided in the Australian Consumer Law, neither PostNet, nor its employees, affiliates, agents, third party information providers, contractors, merchants or licensors warrant that the website and any scripts or programs are entirely free of errors or defects or will not be interrupted.
20.2 The website, scripts, graphics or any other programming code created for the Client which form part of such website remain the property of PostNet until all outstanding Invoices are paid in full.
20.3 Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) produced for the Client shall remain (subject to any third party licenses), the copyright of PostNet and may only be commercially reproduced or resold with the permission of PostNet.
20.4 PostNet is not and will not be responsible for any copyright or intellectual property infringements relating to or caused by materials submitted by the Client. PostNet reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the website will be carried out at the discretion of PostNet. If there is no charge made by PostNet for such additions then, except as provided in the Australian Consumer Law, PostNet accepts no responsibility to ensure that such additions are error free and reserves the right to charge an amount for any correction to such additions or in relation to any other additions.
20.5 The Client agrees to make available to PostNet as soon as is reasonably possible, all materials required to complete the website to the agreed standard and within the timetable set out in the Proposal.
20.6 PostNet will not be liable:
21 Electronic Media
21.1 All discs, tapes, compact discs or other media (other than the media supplied by the Client) used by PostNet to store data for the purposes of completing the Project are the property of PostNet. The Client cannot require PostNet to supply to the Client any such data. PostNet may charge the Client for supplying such data where it chooses to supply such data to the Client.
21.2 PostNet will not be liable for storing any data on discs, tapes, compact discs or other media when the Project has been completed. If PostNet agrees to store such data, PostNet may charge the Client to do so.
22 Force Majeure
22.1 PostNet will not be liable for any loss, damage or expense suffered or incurred by the Client where such loss is occasioned by any cause beyond PostNet's reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
23 Immediate Termination
23.1 In the event that:
then in any such event PostNet shall (without prejudice to any other right or remedy available to it) be entitled to terminate or cancel any contract between itself and the Client or suspend any further deliveries of the Project or Goods and/or Services without any liability to the Client and if any materials or Goods and/or Services have been delivered or supplied but not paid for, the price of such materials and Goods and/or Services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
24 Changes to Terms and Conditions
24.1 These Terms and Conditions may be amended at any time without notice to the Client. The Terms and Conditions which apply to any Proposal will be those current at the date of the Quotation and/or Proposal.
25 PostNet Australia Pty Ltd not party and not liable
25.1 The Client acknowledges that PostNet Australia Pty. Ltd. is not a party to this agreement and will not be liable in any manner including for any of the obligations assumed by PostNet under these Terms and Conditions.
26 No Waiver
26.1 A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or future exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
27.1 Any provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
28 Governing law and jurisdiction
28.1 These Terms and Conditions are governed in law in force in the State or Territory in which PostNet's premises are located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
I , hereby declare, that I have been explicitly informed of my rights under the Privacy Act 1988 (Cth) and provide my explicit consent for PostNet Australia to check my identity information against official record holders of such information.
Customer understands that the relationship of the parties hereto is one of bailment and not landlord tenant. Therefore the Customer acknowledges that a rental of the postal address in no way constitutes any form of lease or sublease of this property.
Customer appoints PostNet as agent for the receipt of mail/parcel for a period not to exceed that for which rent has been paid in advance with PostNet. PostNet will provide a key to a private mailbox (Suite Number Box) from which Customer may obtain his or her mail. Access to Customer's Suite Number Box will be provided during the business hours posted by PostNet. Should Customer appoint another person or organisation to collect mail from PostNet premises, Customer shall be responsible for the conduct of such person or organisation. PostNet shall assume that possession of a key is evidence of authority to collect mail/parcel. Customer agrees that PostNet may terminate or cancel this agreement for good cause of any time by providing Customer thirty (30) days written notice. Good cause shall include but is not limited to:
1. Customer abandons the mailbox.
2. Customer uses the mailbox for unlawful, illegitimate or fraudulent purposes.
3. Customer fails to pay monies owned PostNet when due.
4. Customer engages in offensive, abusive or disruptive behavior toward other Customers of PostNet or Employees of PostNet.
Terms of Service
By completing the registration process, opening an account with PostNet or PostNet Centres, you agree to be bound by all of the Terms and Conditions herein and any subsequent modifications or amendments.
These Terms and Conditions include:
For clarification, PostNet and PostNet Centre have no control over the delivery and distribution of the mail, its assignment to mailboxes, or the scanning for purposes of the Service. You acknowledge and agree that in any case in which mail/parcel is not properly assigned, scanned or otherwise handled, PostNet is not liable whatsoever to you, the sender or recipient of such mail/parcel or any third party.
If you select Open Mail & Scanning Services, you hereby authorise your PostNet Centre to open and scan the outside or contents of your Mail; provided, however, that you acknowledge the PostNet Centre may decline to scan the outside or contents of Mail that in its sole discretion deems to be obscene, an incitement to hate or violence or contrary to law.
From your Mailbox Account, you may direct PostNet Centre to perform the following fee-based actions to your Mail/Parcel including but not limited to:
4. Mail/Parcel Delivery
As your authorised agent for receipt of mail/parcel, the PostNet Centre will accept all mail/parcel on your behalf, including registered, insured and certified items. Unless prior written arrangements have been made, the PostNet Centre shall only be obligated to accept mail or packages delivered by commercial courier services, which require a signature from the PostNet Centre as a condition of delivery. You must accept and sign for all mail and packages upon the request of the PostNet Centre.
5. Mail/Package Forwarding Services
In the event that you order your Mail/Package Forwarding Services, you expressly acknowledge and agree that such action will subject your Mail/Parcel to the export laws and regulations of the Australia and the regulations of the jurisdiction to which you forward your mail/parcel. In accordance with any terms of service promulgated by your PostNet Centre, you are solely responsible for compliance with such laws; however, you agree that PostNet and the PostNet Centres have no role whatsoever in the delivery of Mail/Parcel outside the Australia; to that end, you agree that PostNet and the PostNet Centres shall not be named as a shipper, exporter, forwarding agent, or principal party in interest on the export shipment of any Mail/Parcel.
You must immediately notify your PostNet Centre of any fraudulent, unauthorised, illegal or suspicious use of the Services or any other breach of security or unauthorised or illegal activity that you reasonably suspect.
You agree that PostNet and PostNet Centres may immediately charge you for all charges or monies owed by you to PostNet and the PostNet Centres. By using the Services, you are expressly agreeing that PostNet and the PostNet Centres are permitted to bill you charges associated with the Price Plan and Extras, any applicable tax, customs duties and any other charges you may incur in connection with your use of the Services. As used in this Agreement, “billing" shall indicate either a charge or debit, as applicable, against your payment method. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information in your Account. If your designated payment method reaches its expiration date, your continued use of the Services constitutes your authorisation for PostNet and the PostNet Centres to continue billing that payment method and you remain responsible for any uncollected amounts.
8.Duration of Agreement
You agree that you shall be bound by the Conditions beginning on the earlier of when you first sign-up for the PostNet Service or when you first agree to the Conditions until the later of the date when (i) your license and any renewal thereof terminates, (ii) your Account is cancelled.
9.Suspension and Account Locking
Your account will be placed in suspension (Suspension) if PostNet and the PostNet Centres are unable to complete a funding transaction. If your account is placed in Suspension, it will remain functional, but all service requests will be rejected for lack of funds and execution of pending Services will be suspended. You will continue to incur charges in respect of your account. Suspension will end only upon our receipt of amounts sufficient to cause your Account Balance to be greater than or equal $0.00.
10.Termination and Mail/Package Forwarding Services
Unless otherwise terminated as set forth below, this Agreement shall remain in force for so long as you use or benefit from the Services. You agree and acknowledge that PostNet and the PostNet Centres may, at our sole option, cancel the Services and terminate this Agreement without cause at any time. Any notice PostNet and the PostNet Centres choose to give may be provided in email or other electronic form. (a) Notwithstanding the above, PostNet and the PostNet Centres may terminate this Agreement immediately for Cause. You agree that for purposes of this Agreement the actions or failure to act of any user in your account will be attributed to you. Cause shall include, but not be limited to, the following: (i) Your behavior towards our employees or other customers (including your PostNet Centre) is offensive, abusive, violent, threatening or disruptive; (ii) You fail to provide which PostNet and the PostNet Centres are unable to validate, accurate contact/personal information that PostNet and the PostNet Centres require of all customers; (iii) You fail to co-operate or provide information on an investigation by a local, state or federal governmental agency; or (iv) You violate any provision of this Agreement or any Conditions or other terms posted by PostNet and the PostNet Centres, or breach any of your representations or warranties. (b) Upon termination of services by PostNet or failure to pay rent in advance by Customer, PostNet shall have no responsibility to make Customer’s mail available without payment therefore. Customer understands that the postal/courier service provider will not forward or return mail without payment, and will not accept a Change of Address from any former Mailbox customer. At termination of service, keys and entry cards or keys remain the properties of PostNet and may not be copied without the written consent of PostNet. Keys and entry cards or keys shall be immediately returned to PostNet upon expiration, cancellation or termination of this agreement. And Customer, if he or she wishes to receive any mail/parcel received for him/her after that date shall provide PostNet with forwarding address and pay the required fees for mail forwarding. Upon expiration, cancellation or termination of this agreement, PostNet will:- Re-mail (i.e. forward) Customer’s mail/parcel for six (6) months, provided Customer pays for the postage, packaging and forwarding fees in advance. Additionally, Customer must pay a monthly storage fee of $30 for month 1, and $20 for month 2 through 6 in advance for the time period that mail is to be forwarded. It is Customer responsibility to make arrangements with PostNet to identify any mail forwarding needs prior to the expiration, cancellation or termination of this Agreement. Store the mail or packages for up to six (6) months provided Customer pays a storage fee of $30 per month for the time period in which PostNet holds the mail or package(s), plus a service fee of $5 for each time Customer visits PostNet to pick up such items. It is the Customer’s responsibility to make arrangements with PostNet to identify any mail storage needs prior to the expiration, cancellation or termination of this Agreement. Retain Customer’s mail, other than Unsolicited Mail, at PostNet for a period of thirty (30) days, if the Customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed. Discard or destroy any “Unsolicited Mail” (e.g. bulk mail; mail addressed as “occupant”, “to resident” or similar designation; or coupons, advertising or promotional material) delivered to or remaining at PostNet. Refuse any package addressed to Customer delivered by any party other than the Australian Post, such as a commercial courier service. Six (6) months after the expiration, cancellation or termination of this Agreement, PostNet may:- Refuse any mail or package addressed to Customer and delivered to PostNet. Discard or destroy any of Customer’s mail or package(s) delivered to or remaining at PostNet at such time. (c) You may terminate this Agreement by giving due notice to the PostNet Centre. There is no fee for terminating your Account. Once you request cancellation of your Service, the PostNet Centre will put your Account into Closed status. Immediately upon putting an Account into Closed status, you will no longer be able access the Services and PostNet and the PostNet Centres will cancel all pending Services. Your data will be immediately deleted when your account has been closed. (d) You agree that upon expiration, cancellation or termination of this Agreement, you are instructing your PostNet Centre not to accept and forward any of your Mail/Parcel that is received following cancellation of your Account.
11.Services after Account Closure
Immediately upon account closure, you will no longer be able to log in to your Online Account. Upon Account closure, PostNet and the PostNet Centres will cancel all pending Services and delete the corresponding service requests from your Account. All Mail will be held in inventory by your PostNet Centre until you reopen your Account.
12.Compliance with Laws
You acknowledge and agree that PostNet and the PostNet Centres cooperate with the Australian Authority and will share any and all information about you and your use of the Services upon its reasonable request. PostNet and the PostNet Centres may share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Conditions or as otherwise required by law.
You acknowledge and agree that the PostNet Centre is independently owned and operated and that PostNet is not responsible for any acts or omissions of the PostNet Centres.
14.Limit of Liability
You expressly agree that the total amount of liability of the PostNet Centre, if any, for any and all claims arising out of or related to this Agreement or performance hereunder shall not exceed $100.00 regardless of the nature of the claim.
You agree not to use the Services for any illegal purpose and to fully comply with Australia federal and applicable state laws and regulations, in your use of the Services. If PostNet and the PostNet Centres, in our sole discretion, suspect that your contact information is fraudulent or that you are attempting to use the Services for any unlawful, fraudulent or illegal activities, PostNet and the PostNet Centres may immediately terminate this Agreement and Services without refund. PostNet and the PostNet Centres may also turn over all information concerning you to the Australian Authority, the applicable State Attorney General or Embassy with jurisdiction or other national, federal, state or local law enforcement authorities. You agree to indemnify PostNet and the PostNet Centres and hold PostNet and the PostNet Centres harmless from any and all liability, claims, damages, losses or cause of action arising from such inspection of your mail/parcel or from the release of information regarding you or your use of the Services to such authorities, or otherwise as required by law.
You are the sole authorised user of your Account. You are responsible for maintaining the confidentiality of any password and Account number or information provided by you or PostNet and the PostNet Centres for accessing the Service. You are solely and fully responsible for all activities that occur under your password or Account. PostNet and the PostNet Centres have no control over the use of your Account and expressly disclaim any liability derived there from. Should you suspect that any unauthorised party may be using your password or Account or you suspect any other breach of security, you will
17.Representations and Warranties
You represent and warrant that: (a) You have the legal power and authority to enter into this Agreement (b) You have not falsely identified yourself or provided any false information to gain access to the Services (c) Your contact and billing information on your Account is correct. (d) You are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement. (e) You are in full compliance with any laws, regulations or rules applicable to the Services including those promulgated by Australia Authority and, You further represent and warrant that you are the authorised user and (if applicable) signatory to the payment mechanism used to open and maintain your Account, and agree that you are responsible for any use, activity and charges incurred by you and any other users under your Account. You acknowledge and agree that your breach of any of these representations and warranties shall entitle PostNet and the PostNet Centres to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and attorney’s fees and costs, at our sole discretion.
You agree to protect, defend, indemnify and hold harmless PostNet and PostNet Centre, our respective affiliates, subsidiaries, parents, and their respective shareholders, officers, directors, agents, employees, independent contractors, assigns and representatives from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys fees, litigation costs and expenses) (collectively, Claim) incurred by the PostNet and the PostNet Centres including, without limitation, any Claim arising from or related to: (a) this Agreement (b) the Services (c) your use of, or inability to use, the Services including, but not limited to, any copyright or privacy breach claims arising in connection with the Services (d) the failure of any third party, or any commercial delivery service to provide delivery services accurately and on time (e) any loss, damage or destruction of your Mail/Parcel by any cause whatsoever whether or not attributable to PostNet or the PostNet Centre (whether by negligence or intentional act or omission) (f) any violation by you of any law or government regulation applicable to the Services and Neither PostNet nor the PostNet Centre are liable or responsible for Mail/Parcel for which there is no record of receipt.
19.Governing Law Service of Process; Attorney Fees
Regardless of your location or your Mailbox Account or any PostNet Centres, this Agreement is governed by the laws of the State of New South Wales, without regard to its conflicts of law principles or the conflicts of law principles of any other jurisdiction.
By using the Services, you consent to receiving electronic communications from PostNet and the PostNet Centres for any communications required or permitted under this Agreement. These communications include notices about your Account and information concerning the Services. You agree that any notice, agreements, disclosure or other communications that PostNet and the PostNet Centres send to you electronically will satisfy any legal requirements for written communication.
This Agreement contains the entire agreement relative to the Services and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. If any provision of this Agreement is deemed invalid, void or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.