This agreement is a contract between the customer (you) and Smartsoft Pty Ltd ABN 67 008 110 558 (Smartsoft). If you do not understand these terms and conditions or you have any questions, please contact us on 1800 18 18 20 (International: +61 8 8361 2666).
1.
When these Terms and Conditions Apply
1.1.
These terms and conditions apply to your purchase of the products and/or services (as provided for in Schedule 1 to these terms and conditions) through the website of Smartsoft at smartsoft.com.au (the Website).
1.2.
You accept and agree to be bound by these terms and conditions when you purchase products and/or services through the Website.
1.3.
Each order you place will be a separate and binding agreement between you and Smartsoft with respect to the supply of the products and/or services in accordance with these terms and conditions.
1.4.
Smartsoft reserves the right to change these terms and conditions from time to time subject to compliance with relevant laws, regulations and industry codes.
You agree to purchase the product from Smartsoft and Smartsoft agrees to provide the services in accordance with the order and these terms and conditions.
3.
No Alteration or Cancellation
Once you have placed an order you cannot change it or cancel it without Smartsoft's express agreement. If Smartsoft agrees to alter or to cancel your order, you must pay Smartsoft any loss, damage, cost or expense incurred by it in relation to the cancellation.
4.1.
Prices and other product information quoted on the website are subject to change from time to time without notice. The price of the products ordered by you will be the price quoted on the Website and summarised when you are asked to make payment on the Website.
4.2.
SMS bundle prices are inclusive of Goods and Services Tax (GST). Individual SMS credit pricing is provided for industry comparison purposes and is exclusive of GST.
5.1.
Payment is due immediately upon placement of your order. When placing an order with Smartsoft you must provide it with a valid credit card number and any other information it requests through the Website to enable it to process your order. Smartsoft will debit your credit card at the time your order is placed with it.
5.2.
You warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card. You indemnify Smartsoft from and against any loss or damage it suffers in connection with a breach of this warranty.
6.
Warranties and Liability
6.1.
To the extent permitted by law Smartsoft excludes all other terms and conditions and warranties (whether express or implied by statute, common law, equity, trade custom or usage or otherwise), including warranties of merchantability, fitness for purpose and non-infringement of third party rights. Nothing in these terms excludes limits or modifies any conditions or warranties implied by legislation which cannot be lawfully excluded.
6.2.
Smartsoft is not liable in any way for any indirect or consequential loss or damage or for the loss of profit including without limitation, any such loss caused by reason of delay, defective or faulty materials or workmanship, negligence or any other act or matter or thing done, permitted or omitted by us.
6.3.
Smartsoft's liability for a breach of a condition or warranty that is implied into this contract and cannot be lawfully excluded is limited at its option to:
6.3.1
In the case of goods - the replacement or repair of the goods, the supply of equivalent goods or the cost of replacing or repairing the goods or acquiring equivalent goods; or
6.3.2
In the case of services - supplying the services again or the cost of having the services supplied again.
7.1.
Smartsoft will not refund any amount paid by you unless required by law.
7.2.
Notwithstanding clause 8, if you inadvertently pay more than the amount of the invoice Smartsoft will refund the amount overpaid upon request by you. Smartsoft charge a fee of 2% of the total amount sought to be refunded to cover bank fees and administrative costs.
7.3.
Notwithstanding clause 8, if Smartsoft is unable to, or chooses to cease to provide a service, the purchase price will be refunded on a pro-rata basis for any unused portion of the service.
Failure by Smartsoft to insist on strict performance of any term, warranty or condition of this contract will not be taken as a waiver of it or of any of our rights and no waiver will be taken to be a waiver of any subsequent breach of any term, warranty or condition.
The laws of South Australia, Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of South Australia
SMS Credits
1.
Once purchased SMS credits will remain available for your use, they will not expire.
2.
SMS credits are not refundable unless Smartsoft are unable to, or choose to cease to provide, the SMS service. In either of these events any unused SMS credits will be refunded on a pro-rata basis being the number of unused messages multiplied by the Unit Price.
3.
Plain text SMS messages up to 160 characters are debited at 1 SMS credit. SMS of 161 characters or more are debited at 1 credit for the first 160 characters plus 1 credit for each additional 153 characters.
4.
For SMS containing Unicode characters, messages up to 70 characters are debited at 1 SMS credit. SMS of 71 characters or more are debited at 1 credit per 67 characters.
Pricing
SMS Credits are charged on the following basis. The Price charged is inclusive of GST, Unit Price is exclusive of GST:
| Price |
Number of SMS Credits |
Unit Price |
| $100 |
570 |
16.0 cents per message |
| $250 |
1,625 |
14.0 cents per message |
| $500 |
3,790 |
12.0 cents per message |
| $1,000 |
9,100 |
10.0 cents per message |
