Within this agreement
‘Communicat‘ refers to Communicat Business Solutions Pty Ltd and its subsidiaries, divisions and associated companies, including the SpamDetour division.
‘The client‘ refers to organisations and/or individuals which/who use the SpamDetour service provided by Communicat Business Solutions.
‘Spam’ refers to unsolicited email.
‘The Agreement‘ refers to this agreement including the terms and conditions herein regarding the SpamDetour service provided by Communicat to its clients, together with the Authorisation form which describes the prices and other details which are not described in the terms and conditions herein.
Purpose of the SpamDetour service
The SpamDetour service has been set up with the aim to achieve the following goals:
- Provide a level of protection to clients against the negative impact of spam, recognising that no anti-spam service is 100% effective or accurate against spam, also recognising that from time to time legitimate email may be inadvertently classed as spam by the service
- Eliminate the need for clients to purchase anti-spam software
- Eliminate the need for clients to update, maintain and configure anti-spam software and the hardware required to support anti-spam software
The nature of the SpamDetour service is that technical assistance from Communicat would not normally be required by the client, therefore technical assistance is not provided within this agreement. Technical assistance, if required, may be provided under a separate agreement.
Training manuals will be provided by Communicat to explain to users the features and operation of the SpamDetour service. Training is not provided within this agreement however it may be offered by Communicat on a courtesy basis from time to time. Training, if required, may be provided under a separate agreement.
SpamDetour provides a facility for the client to set the level of protection they wish to achieve. Also the client is able to ‘whitelist’ or ‘blacklist’ email from certain sources to designate that it should in future be treated as a source of spam.
Limitations SpamDetour is not 100% effective against spam: In signing this agreement the client acknowledges that protection from spam is an inexact technology. The client also recognises that there is a constant competition between the instigators of spam and the organisations which attempt to protect clients against spam. At the moment there is no method to achieve 100% protection against spam. The client undertakes that in addition to using the SpamDetour service it will maintain vigilance and care in dealing with spam which may, from time to time, pass undetected by the SpamDetour system.
Some legitimate email may be inadvertently classed as spam by the SpamDetour service: The nature of anti-spam technology is that it uses a range of technologies to detect spam. From time to time it is inevitable that legitimate email which is intended for the client may be inadvertently classed by the system as if it were spam. The client undertakes that it will examine the SpamDetour online enquiries on a regular basis to review email which has been detoured into the SpamDetour database.
Communicat and SpamDetour take no responsibility for damages, including consequential or other damages which may be incurred by the client or any third party as a result of the inadvertent classification of legitimate email as if it were spam, or as a result of email being allowed through the anti-spam filter which may be offensive or otherwise damaging. All anti-spam systems rely on logical rules to determine whether email is spam or not and these rules are subject to interpretation. It is up to the client to check the online SpamDetour database on a regular basis to determine whether any legitimate email has been inadvertently diverted to the spam database and also to maintain due care and vigilance regarding emails which are passed through by the SpamDetour system but which, from time to time, may include spam.
Term of agreement
This agreement shall continue for the period agreed and stipulated in the schedule to this agreement, which is known as the ‘Authorisation‘.
Confidentiality The client shall not copy, reproduce, reverse engineer or otherwise attempt to replicate or assist third parties to replicate the technology and methods embodied in the SpamDetour service.
Communicat staff maintain strict confidentiality regarding information which comes to their knowledge by virtue of a Non-Disclosure Agreement which all Communicat are required to sign. A copy of the NDA is available for client inspection.
Miscellaneous Governing law: This agreement is governed by the laws of Victoria, Australia. Any dispute in connection with this agreement will be brought in the courts having jurisdiction in Victoria, Australia.
This agreement may only be amended in writing by the mutual agreement of the parties.
The client may not assign any of its rights or obligations under this agreement without the consent of Communicat (such consent not to be unreasonably withheld).
The failure or delay of a party to exercise its rights will not be a waiver of its rights.