Terms of Service Agreement

Thank you for choosing Monopond (“Monopond,” “we,” “us,” “our”). By signing up for an account with us and by using any of our Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service Agreement,” “Terms”).

We took care in making our Terms as understandable and as clear as possible. These Terms explain our obligations to you and your obligations to us as a user of our Services. By using Monopond, you are agreeing to comply with these Terms, our Privacy Policy, their updates, and other possible legal notices, guidelines, or conditions. If you don’t agree or cannot comply with the Terms, then you may not use our Services.

If you have suggestions on how we can serve you better or have questions about our Service, email us at support@monopond.com and we’ll be in touch to assist you.

1. Definitions
   1. Monopond provides internet-based unified communication services (“Service,” or “Services”). You, by using the Services, agree to, and are bound by these Terms.
   2. These Terms constitute the entire agreement between you and Monopond, and supercede any previous agreements.
2. Use of the Service
   1. You use the Services via an account, which you can access using a username and password either given to you or you have set when you signed up for the account. When you log in to the web site using your username and password, you can specify the email address(es) you will use when you avail of the Services via email.
   2. You must be 18 years old or older to open an account and use the Services.
   3. You are responsible for any content you transmit using the Services. Monopond is not responsible for any content sent by you to any person using the Services.
   4. In providing the Services, Monopond may link one or more telephone numbers to your account. Any telephone numbers linked to your account remain the property of Monopond.
   5. You must not, in using the Services:
      1. break any laws or infringe the legal rights of any person;
      2. abuse or disrupt the Services;
      3. defame, harass or abuse any person;
      4. disrupt any person’s use of their computer system or other device; or
      5. engage in any activity which exposes Monopond to any liability.
   6. You are responsible for keeping your account details such as your email address and password secure. Monopond will not and cannot be liable for any loss or damage from your failure to maintain the security of your account details. You are responsible for any use or abuse of the Services done using your account.
   7. You cannot sell, rent, sublicense, or lease any part of the Services.
   8. You acknowledge that Monopond may, at its sole discretion, adjust certain aspects of the Services. Although Monopond will make its best effort to notify customers in advance of any changes to the Services, it is not required to do so.
   9. You acknowledge that your email address is used by Monopond for notification of changes to pricing, these Terms, and other aspects of the Services. Monopond is not responsible if, at any time, you cannot be contacted using your provided email address.
   10. You cannot assign your rights and obligations under these Terms to any other person.
   11. A party cannot waive its rights under these Terms unless the waiver is in writing and signed by the party against whom the waiver is claimed.
   12. Any provision of these Terms which is void, voidable, or unenforceable may be severed from the Terms. When this happens, the rest of the Terms remains unaffected.
   13. These Terms are governed by the laws of the State of New South Wales and each party submits to the non-exclusive jurisdiction of the Courts of that State.
   14. Monopond may assign its rights and obligations under these Terms to any related legal entity of Monopond.
3. Pricing and Payment
   1. Monopond reserves the right to change its pricing schedule at any time. We will notify you of the changes at least 24 hours before the changes take effect.
   2. Prepaid accounts
      1. You may purchase a prepaid subscription either by: paying a consumable subscription fee in advance on a monthly, quarterly, or annual basis or some other recurring interval that will be disclosed to you prior to your purchase; or a pre-payment that gives you access to the Services for a specific time period (“prepaid period”).
      2. When we receive your payment, your account will be credited with the value you paid for, and you can start using the Services for the term stated in the appropriate pricing schedule. When your pricing schedule ends, we will suspend your account and notify you.
      3. The term during which you may use the Services can be extended by making multiple accumulative payments, but will not exceed 2 years.
      4. Any amounts you have paid in exchange for our Services are refundable only at our sole discretion. We reserve the right to not refund any amounts that you have already paid, to the fullest extent permitted under applicable laws.
      5. In circumstances where the Customer has insufficient credit, any incoming messages, including opt-out requests, will be 'held in transit' by Monopond until the Customer has sufficient credit to cover the processing of the incoming messages. Messages held in transit by Monopond will not be shown in the Customer Portal.
      6. When messages are being 'held in transit' once additional credit is purchased, the processing fees for any messages held in transit will be automatically deducted from the credit. Following this the messages held in transit, including opt-out requests, will be processed and will be visible in the Customer Portal.
      7. It is the Customers responsibility to ensure that there is sufficient credit available in their account to process any incoming messages, and Monopond will not be responsible for any messages not received, or opt-out requests not processed, due to insufficient credit being available in the account.
   3. Invoice accounts
      1. Payment of an invoiced amount is required at most 30 days after the invoice date. If you fail to pay within 30 days of the invoice date, we may suspend or terminate your account without prior notice.
   4. Stored payment methods and automatic payments
      1. In this section:
         1. “Payment Method” means a credit card, debit card or other payment method you store against your account for use in future payments;
         2. “Payment Processor” means our payment gateways and their related bodies corporate;
         3. “billing period” means the monthly, quarterly, annual or other recurring interval shown on your account for a subscription purchased under clause 3.2.1;
         4. “automatic top-up” means the option on your account under which Monopond charges a stored Payment Method to add credit to your account balance; and
         5. “automatic payment” means a payment Monopond initiates from a stored Payment Method at a time when you are not present and not logged in to the Services.
      2. You may choose to store a Payment Method against your account so that it can be used for future payments. Storing a Payment Method is optional. You may use the Services without storing a Payment Method by paying each amount as it falls due.
      3. When you add a Payment Method, you may be required to complete an additional authentication step with your card issuer, such as 3-D Secure. Monopond may also require this authentication for an individual payment where your card issuer, a card scheme or applicable laws require it. Monopond may decline to store or to use a Payment Method that cannot be authenticated.
      4. By storing a Payment Method, you authorise Monopond to initiate a payment, or a series of payments, from that Payment Method on your behalf, for the following transactions only:
         1. subscription fees for the Services, charged for each billing period;
         2. automatic top-ups, where you have enabled automatic top-up and your account balance falls below the threshold you have set;
         3. processing fees for messages held in transit, as described in clause 3.2 (e);
         4. usage charges in excess of any allowance included in your plan, and other amounts on an invoice issued to you;
         5. an amount that remains unpaid after it falls due, including a re-attempt of a failed payment; and
         6. amounts for the Services supplied to you up to the date your account is suspended or terminated.
         
         
         Monopond will not use a stored Payment Method for any other purpose.
         
         Because top-ups and usage charges depend on your use of the Services, the number of automatic payments in a given period is not fixed.
      5. The amount of an automatic payment is calculated using the pricing schedule published on our web site and in the Customer Portal applying to your account at the time the charge is made (see clause 3.1).
      6. You may remove a stored Payment Method, or turn off automatic top-up, at any time in the Customer Portal or by contacting us at support@monopond.com. Removing a stored Payment Method does not of itself cancel a subscription.
      7. You may cancel a subscription at any time in the Customer Portal or by contacting us at support@monopond.com. Cancellation may not take effect immediately and no pro-rata refund may be given for any unexpired part of the current billing period, except where clause 3.2.4 or applicable laws require otherwise.
      8. You warrant that you are the holder of any Payment Method you store, or that you are authorised by the holder to store and use it, and you agree to keep its details current. Monopond may suspend or terminate the Services under section 6 where an automatic payment fails and the amount remains unpaid.
      9. Your authority under clause 3.4.4 continues until you remove the Payment Method, cancel the relevant subscription or automatic top-up, or your account is terminated, whichever occurs first. After that time your authority continues only in respect of an amount that was already payable, and any payment already submitted for processing, at that time.
4. Changes to the Terms
   1. Monopond may amend these Terms at any time. When we make material changes to these Terms, we will notify you by sending you an email, or by displaying a prominent notice within the Services. Any changes of the Terms will also be made available for viewing on our web site. Your continued use of our Services after the changes have been made and posted will constitute your acceptance of the changes.
      
      If you do not agree to the amended Terms, you may request to have your account closed by contacting us at support@monopond.com.
5. Disclaimers and Liability
   1. You acknowledge that:
      1. You are responsible for any content you transmit using the Services. Monopond accepts no responsibility for any content sent to any person using the Services.
      2. Monopond is not responsible for any damage suffered by any person, directly or indirectly, through your use of the Services. You agree not to make any claim against Monopond for any damages resulting directly or indirectly from your use of the Services.
      3. While we make our best effort to provide reliable and stable Services, we do not make any warranty or representation regarding the performance of the Services.
      4. The Trade Practices Act 1974 (Cth) and other legislation may imply certain conditions and warranties which may not be excluded, restricted or modified by agreements. Monopond’s liability under such legislation is, where permitted, limited to re-supplying the Services or refunding the costs of having the Services re-supplied.
   2. You indemnify Monopond against any costs, expenses, loss or liability of any kind including any reasonable attorney fees and costs, that may have directly or indirectly suffered or incurred by Monopond (including as a result of a claim by a third party) resulting from, relating to, or arising out of:
      1. any breach of these Terms by you;
      2. any content you post, send or otherwise contribute; or
      3. the use or misuse of the Services by you or any person using the Services.
   3. It is your (the Customer) responsibility to ensure that there is sufficient credit available in your account to process any incoming messages, and Monopond will not be responsible for any messages not received, or opt-out requests not processed, due to insufficient credit being available in the account.
6. Suspension and Termination
   1. You may request to have your account terminated at any time.
   2. Monopond may suspend or terminate the Services immediately at any time without liability to you if Monopond has sufficient reason to do so, including but not limited to:
      1. if you breach these Terms;
      2. you or any person using your account misuses the Services;
      3. incorrect information given to Monopond by you; and
      4. there are reasonable grounds for Monopond to suspect any of the above.
   3. Monopond reserves the right to suspend or terminate your account for any reason. Any amounts paid by you in advance are forfeited upon termination of your account. Any amount payable by you remain payable on termination of your account.
7. Privacy Consent
   1. Monopond collects and uses personal information about you so we can provide the Services to you as best as we can. Monopond also collects and uses your personal information for related (or secondary) purposes including, but not limited to:
      1. billing and account management;
      2. business planning and product development;
      3. analytics;
      4. advertising and marketing such as when we provide you with information about our products and services or promotions; and
      5. verifying your identity, processing payments, and detecting and preventing fraud and misuse of the Services.
   2. If you choose not to provide all the necessary personal information we require so we can provide you with our Services, we reserve the right to refuse you with our Services, or to restrict the way we provide the Services to you.
   3. Monopond may disclose your personal information (for the purposes set out in clause 7.1) to:
      1. Monopond’s agents, dealers, contractors and franchisees;
      2. Monopond’s suppliers who need access to your personal information to provide us with services, enabling us to supply you with the Service;
      3. joint venture partners of Monopond; and
      4. Monopond’s payment processors, and other providers of payment, fraud prevention and credit services.
   4. You may request access to any and all personal information that we collect and store, and we will grant you access to your information unless there is any other reason that requires or permits us to refuse your request. You may also request us to correct any inaccurate or outdated personal information we may have about you.
8. Privacy Consent for Business Accounts
   1. For business accounts, in addition to the terms indicated in Section 7 Privacy Consent, Monopond may disclose the following additional information to a credit reporting agency for the processing of your application and for ongoing credit management of your account:
      1. personal identifying details, including your name, current and previous addresses, driver’s license number, date of birth, and employer;
      2. the fact that you have applied for a Monopond service, and any credit limit on your account;
      3. the amount of payments which are overdue for at least sixty (60) days, when steps have been taken by Monopond to recover those overdue payments;
      4. where an overdue payment has been previously reported, advice that the payment is no longer overdue;
      5. cheques or credit card payments that have been dishonored;
      6. court judgements or bankruptcy orders made against you;
      7. whether, in the opinion of Monopond, you have committed a serious credit infringement; and
      8. when Monopond ceases to provide products or services to you.
   2. You authorize Monopond to disclose the information described in Section 7 to a credit reporting agency. You also authorize Monopond to seek from or give to any credit providers authorized by you or named in a credit report or to other telecommunications providers (i.e., carriers or carriage service providers), and Monopond’s franchisees, agents, contractors and outlets, the same information and any other information collected for activation of our Services and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act.
   3. You authorize Monopond to obtain and use commercial information about your commercial credit worthiness or commercial history (e.g., your existing credit record as a sole trader) when considering an application for consumer credit, such as for example when you intend to use the Services for domestic purposes.
   4. You authorize Monopond to obtain and use personal credit information (e.g., your existing household loans and personal credit card history) for the purpose of considering and assessing your application for commercial credit to use our Services.
   5. Monopond reserves the right to refuse or cancel the supply of our Services to you based on our credit assessment of you. You may request to see and correct any credit information we may have about you.