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    ExportDocs Module ExportDocs Module Document Transcript

    • 18th August 2009. VECCI - Online Export Documentation Services 1. Online Export Documentation Service Our Online Export Documentation solution has been developed from years of experience gained by servicing Ozdocs users desktop. The Online Export Documentation service is highly productive for exporters as it has the ability to use the same dataset for preparing export documents online, EDN’s Online, RFP’s Online & Certificate of Origins Online. The export documentations including: Forwarding Instruction, Commercial Invoice, Packing List, and Certificate of Origin and other documents. TradeStylus Exportdocs Module ExportDocs Module Sign On Fee (One Time) – Single User $250 Account Monthly Subscription Fee (maintenance $40 (Per Month) and operation) Additional User (Optional) $35 (Per Month) Transaction Charges: Per Shipment $7.50* 2. NEW Outbound Online Service Outbound Online Service is our latest addition to Tradestylus, it’s based on Outbound Pro Desktop that is used by Exporters for their Export Compliance. The only Full Browser based Anytime, Anywhere compliance service and allows VECCI to extend their Export Toolkit for it’s members. Always Up-To-Date, easy to use with Smart Search functionality, Free Support & Free training. TradeStylus Outbound Online Module Outbound Module Annual Subscription – Single User $495/annum Account
    • 3. Online EDN and PRA Products Our Online EDN & PRA services are a pay-per-use service that allows applying for the Exporter to lodge their Customs Export Declaration from anywhere, saving time and costs on data entry and documentation errors. It also allows direct data exchange with Online PRA service so that no data needs to be retyped. TradeStylus Cargo Management Re-engineering EDN (CMR) Module Sign On Fee (One Time) – Single User $250 Account Monthly Subscription Fee (maintenance $30 (Per Month) and operation) Transaction Charges: Per Approved EDN $4.00* * All Australian Customs Services related charges and fees are still to be the responsibility of the exporter All prices are exclusive of GST Other Notable Features: Free Alert Notification via Email Electronic Billing and Notification Free Software updates (ERRATA updates) Individualized Buyer, Exporter and other trade related Code Maintenance
    • TradeStylus Pre-Receival Advice PRA Module Sign On Fee (One Time) – Single User $150 Account Monthly Subscription Fee (maintenance $10 (Per Month) and operation) Per Approved PRA $3.00* *Bulk Rate Price Available: Please speak to our sales consultant if your minimum monthly transactions are 250+ All prices are exclusive of GST Other Notable Features: Free Alert Notification via Email Electronic Billing and Notification Free Software updates (ERRATA updates) Individualized Buyer, Exporter and other trade related Code Maintenance
    • 4. Online AQIS RFP and Health Certificate Products We also have an Online AQIS Health Certificate and RFP products. This Online service provides Exporters who are in Meat or Non Meat products that require AQIS Health Certificates for Exports. TradeStylus Certificate and Permit Module RFP Module Sign On Fee (One Time) – Single User $250 Account Monthly Subscription Fee (maintenance $65 (Per Month) and operation) Additional User (Optional) $50 (Per Month) Transaction Charges: Per Approved RFP $15.00* Per Approved Health Certificate $5.00* *Bulk Rate Price Available : Please speak to our sales consultant if your minimum monthly transactions are 30+ All AQIS related charges and fees are still be the responsibility of the exporter All Prices are exclusive of GST Other Notable Features: Free Alert Notification via Email Electronic Billing and Notification Free Software updates (ERRATA updates) Individualized Buyer, Exporter and other trade related Code Maintenance If you have any further questions do not hesitate to contact me, look forward to meeting you soon. Yours Sincerely Ozdocs International Pty Ltd Peter Chamings Corporate Accounts Manager Direct: 03 9876 4553 Note: Please complete the Tradestylus Registrations and attach with this page. 10% GST will be charged for all products & services delivered. The above prices do not include GST. Note : This agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
    • VECCI - Online Export Documentation Services – User Registration Form Organisation Details 1. Organisation 2. Address 3. Suburb State Postcode 4. Telephone Fax 5. Email Address Registration Details 6. Contact Person 7. Email Address 8. Desired User ID Note: This will be your User ID for access to the VECCI Online Export Documentation Services. Your User ID Name must be in lower case letters, between 4 and 8 characters long. We cannot guarantee that a given User ID will be available. If the chosen User ID is unavailable, we will contact you. Please tick the following services: VECCI Export Documents Online. VECCI Outbound Online. VECCI EDN’s Online. VECCI PRA’s Online. VECCI RPF’s Online. Payment of Services: I wish to pay all charges by: Direct Debit; Please complete the attached Direct Debit Request (DDR) Authorisation Form. Undertaking: I agree to the following terms and conditions. Signed: _________________________________________ Name: __________________________________________ ABN Number: ____________________________________ (Required) Order Number: _______________________________________ (if Required) Date: ____/____/____ Fax to (02) 9659 5360 ATTN: Web Email: help@ozdocs.com.au
    • TRADESTYLUS PTY LTD GENERAL TERMS AND CONDITIONS (ASP SERVICES AUSTRALIA) These General Terms and Conditions (ASP Services Australia) (hereinafter referred to as “General T&Cs”) shall govern the use of the services offered by TradeStylus Pty Ltd or a member of the TradeStylus Pty Ltd (hereinafter collectively called “TradeStylus”). These General T&Cs contain terms and conditions that are of general application to most of TradeStylus’s service offerings, and some of the terms below may not be applicable to you. The specific service requested by you may be subject to additional terms and conditions (hereinafter referred to as “Product Specific Terms and Conditions”) that are either set out in the Application Form or on the website mentioned in the Application Form. The General T&Cs and the Product Specific Terms and Conditions together, shall be referred to as “Agreement”. Unless explicitly stated otherwise, any new feature or features that augment or enhance the current services, including the release of or migration to new services, shall be subject to this Agreement. By completing and submitting the relevant application form for use of the Service or by using or otherwise accessing the Service, the Subscriber represents that it has read this Agreement and agrees to be bound by it. 1. TERMINOLOGY (a) transmitted from an Information System or from one Information In this Agreement, the following words and System to another; and expressions have the meanings assigned to them (b) stored in an Information System or except where the context otherwise requires: other medium; (i) “Addressee” of a Data Message or an (vii) “Information System” means a system for Electronic Record means a person who is generating, sending, receiving, storing or intended by the Originator to receive the otherwise processing Data Messages or Data Message or Electronic Record, but Electronic Records; does not include an intermediary like TradeStylus who sends, receives, stores or (viii) “Insolvency Event” means the happening provides other service with respect to the of any of these events in relation to the Data Message or Electronic Record on Subscriber: behalf of the Originator or Address; a) the Subscriber suspends payment of its (ii) “Application Form” means the application debts; form pursuant to which the Subscriber subscribes for the Services, a copy of b) the Subscriber becomes an externally- which accompanies this Agreement; administered body corporate under the Corporations Act 2001(Cth); (iii) “TradeStylus” is a reference to the TradeStylus entity whose name appears c) steps are taken by any person on the Application Form, and in the towards making the Subscriber an absence of such name refers to externally-administered body TradeStylus; corporate (but not where the steps taken consist of making an (iv) “Data Message” means information application to a court and the generated, sent, received or stored by application is withdrawn or dismissed electronic, optical or similar means, within 14 days); including but not limited to electronic data interchange (EDI), electronic mail, telegram, telex or telecopy; d) a controller (as defined in section 9 of the Corporations Act 2001(Cth)) is (v) “Digital Signature” means data in appointed of any of the property of electronic form in, affixed to, or logically the Subscriber or any steps are taken associated with, a Data Message or an for the appointment of such a person Electronic Record, which may be used to (but not where the steps taken are identify the signatory in relation to the reversed or abandoned within Data Message or Electronic Record and 14 days); indicate the signatory’s approval of the information contained therein; and a e) the Subscriber is taken to have failed reference to “Digitally Sign” shall be to comply with a statutory demand construed accordingly; within the meaning of section 459F of the Corporations Act 2001(Cth); or (vi) “Electronic Record” means a record generated in digital form by an f) a resolution is passed for the reduction Information System, which can be: of capital of the Subscriber or notice of intention to propose such a TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 1
    • resolution is given, without the prior a) that Statutory Provision as amended written consent of the other party; or or re-enacted; g) an event happens analogous to an b) a statute, regulation or provision enacted event specified in clauses a) to f) to in replacement of that Statutory which the law of another jurisdiction Provision; and applies and the event has an effect in that jurisdiction similar to the effect c) another regulation or other statutory which the event would have had if instrument made or issued under that the law of Australia applied; Statutory Provision; and (ix) “Originator” of a Data Message or an (ix) money is to Australian dollars, unless otherwise Electronic Record means a person by stated. whom, or on whose behalf, the Data Message or Electronic Record purports to 2.2 “Including” and similar expressions are not have been sent or generated prior to words of limitation. storage, if any, but does not include an intermediary like TradeStylus who sends, 2.3 Where a word or expression is given a receives, stores or provides other services with respect to the Data Message or particular meaning, other parts of speech and Electronic Record on behalf of the grammatical forms of that word or expression Originator or Addressee; have a corresponding meaning. (x) “Service Provider” means the content or 2.4 Headings and any table of contents or index service provider (other than TradeStylus) to are for convenience only and do not form part which on-line access is provided to the of this Agreement or affect its interpretation. Subscriber via the Website or Services, including without limitation, banks, 2.5 A provision of this Agreement must not be regulatory bodies, certification authorities, construed to the disadvantage of a party etc.; merely because that party was responsible for the preparation of the Agreement or the (xi) “Services” means the service provided by inclusion of the provision in the Agreement. TradeStylus over the Internet to the Subscriber upon the Subscriber’s 2.6 If an act must be done on a specified day application; which is not a business day, it must be done instead on the next business day. (xii) “Subscriber” or “you” means the party identified on the Application form whose 3. REGISTRATION application is approved and accepted by TradeStylus; 3.1 In order to use the Services, you will need to become a Subscriber by: (xiii) “Website” or “Websites” refers to the location of the webpages on the internet (i) submitting the relevant properly which the Subscriber may access for the completed application form purpose of using the Services and which (“Application Form”), which may are specifically described in the be requested from TradeStylus or Application Form, and includes such other downloaded from TradeStylus’s uniform resource locators as may be website; provided or substituted by TradeStylus from time to time. (ii) providing to TradeStylus all ancillary information that 2. Interpretation TradeStylus may require, including but not limited to 2.1 Reference to: information on every end user being granted access to and use (i) one gender includes the others; of the Services; and (ii) the singular includes the plural and the plural (iii) paying all applicable fees. includes the singular; Upon completion of the above, TradeStylus will issue to you passwords and (iii) a person includes a body corporate; user identification numbers to use the Services. TradeStylus reserves the sole right (iv) a party includes the party’s executors, not to accept any Application Form at its administrators, successors and permitted sole discretion. assigns; 3.2 This Agreement shall commence on the (v) a statute, regulation or provision of a statute or date of TradeStylus's approval of your regulation (Statutory Provision) includes: application for use of the Services and shall remain in force unless earlier TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 2
    • terminated in accordance with the terms Subscriber is responsible for ensuring that it and conditions herein. has obtained all necessary approvals, consents and permissions for access to 4. AMENDMENTS TO TERMS AND CONDITIONS and use of a Service Provider’s services and facilities. 4.1 TradeStylus reserves the right to amend the terms and conditions of this Agreement 6. SUBSCRIBER RESPONSIBILITIES from time to time. Amendments to the General T&Cs will be effective after thirty 6.1 The Subscriber shall obtain, install and (30) days have passed from the date of maintain such suitable equipment, posting on the Website or software, and communication means as http://www.TradeStylus.com.au. may be required to make connection to Amendments to the Product Specific Terms the World Wide Web and to use the will be effective after thirty (30) days have Services, including a computer and passed from the date of posting on the modem, telecommunication facilities or Website. IT IS THE SUBSCRIBER’S other access devices, and other ancillary RESPONSIBILITY TO CHECK THE WEBSITE equipment. FROM TIME TO TIME FOR AMENDMENTS TO THIS AGREEMENT. BY USING OR 6.2 The Subscriber is responsible for the CONTINUING TO USE THE SERVICES AT ANY confidentiality of the password(s) TIME AFTER THIRTY (30) DAYS HAVE PASSED associated with the account and user FROM THE DATE ANY AMENDMENTS ARE identification number(s) assigned by POSTED ON THE WEBSITE, YOU REPRESENT TradeStylus upon registration of the THAT YOU AGREE TO BE BOUND BY THE Subscriber for the Services. The Subscriber TERMS AND CONDITIONS OF THIS shall ensure control of the password(s) and AGREEMENT AS AMENDED. user identification number(s) for authorised usage of the Services. Unless the contrary 5. SCOPE OF SERVICES is proved, all communications and activities occurring under or referable to 5.1 Subject to the acceptance of the properly the Subscriber’s user account, user completed Application Form by identification number(s) or password shall TradeStylus and payment of all applicable be deemed to have been validly issued or fees by the Subscriber, TradeStylus will authorised by the Subscriber. The provide the Subscriber the Services, Subscriber shall be liable for all costs, fees, provided always that TradeStylus reserves and expenses arising from any the right to modify, enhance, withdraw or communication and activity occurring suspend the Services, or any part thereof, under or referable to the Subscriber’s user at any time. TradeStylus will advise the account, user identification number(s) or Subscriber of the changes thirty (30) days password. in advance where the changes will, in TradeStylus’s opinion, significantly alter the 6.3 The Subscriber agrees that access to and Services. usage of the Services is for its own business purposes only. The Subscriber shall use the 5.2 TradeStylus may provide such training, Services solely in the capacity of an end- technical support or professional, archival user, and shall not, without TradeStylus’s or other ancillary services (collectively prior written approval, reproduce, “Other Services”) to the Subscriber as duplicate, copy, sell, resell, or exploit any TradeStylus may decide or agree from portion of the Services, information time to time. TradeStylus will inform the obtained through the Services, or use or Subscriber of the nature of and conditions access to the Services. The Subscriber (including but not limited to any shall not use the Services for the provision applicable charges) pertaining to such of outsourcing or service bureau-like Other Services. TradeStylus reserves the services, without TradeStylus’s express prior right to change the scope or conditions of written permission. TradeStylus may agree such Other Services at its sole discretion to the Subscriber’s use of the Services to and will notify the Subscriber of such provide such services at a separate revision, either in electronic or written form charge. or by posting on the Website. 6.4 The Subscriber warrants and represents 5.3 The Services will be made available during that the Subscriber or its nominees are duly such hours as may be notified by authorised to upload, submit, transmit or TradeStylus to the Subscriber. TradeStylus otherwise deal with all content, reserves the right to alter or extend the information and data provided by the service hours from time to time. Subscriber, and that all such content, information and data provided is true, 5.4 Access to and use of a Service Provider’s accurate, current and complete. services and facilities by the Subscriber may require the approval of the Service 6.5 The Subscriber agrees not to submit, Provider. The Service Provider may impose upload or transfer any unauthorised files, its own terms and conditions and charges codes (including but not limited to viruses), for access to and use of its services. The TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 3
    • documents and information, in the course purposes deemed to have occurred when of using the Services. the Data Message enters an Information System or an electronic mailbox or similar 6.6 The Subscriber undertakes not to use the system of the Addressee. Services for or to carry out any activity that may be prohibited under the laws of the 7.4 TradeStylus will not be responsible for any relevant state or territory of Australia or liability or loss caused by disputes (i) under any other applicable law. between the Subscriber and a Service Provider or (ii) between a Subscriber and 6.7 The Subscriber hereby authorises another Subscriber relating to the dispatch TradeStylus to deal with any data or or receipt of Data Messages or Electronic information submitted by or to the Records. Subscriber, in any manner, as TradeStylus deems necessary to carry out the Services. 7.5 To the extent permitted by law, TradeStylus is not liable for any delay between 6.8 The Subscriber agrees to render all “dispatch” and “receipt”, as specified in reasonable assistance to TradeStylus, as Clauses 7.2 and 7.3 above, or for the TradeStylus may request from time to time. conversion of formats and transference of Data Messages or Electronic Records etc. 6.9 The Subscriber agrees to at all times indemnify and hold harmless TradeStylus 7.6 Unless otherwise specified by TradeStylus, a and its officers, employees and agents Data Message or an Electronic Record is (“those indemnified”) from and against deemed to be dispatched at the place any loss (including all legal costs and where the Originator has his place of expenses) or liability incurred or suffered by business, and is deemed to be received at any of those indemnified arising from: the place where the Addressee has his place of business. For the purpose of this (a) a breach by the Subscriber or its paragraph:- employees, agents or contractors of the terms of this Agreement; or (i) If the Originator or the Addressee has more than one place of (b) any wilful, unlawful or negligent business, the place of business is act or omission on the part of the that which has the closest Subscriber or its employees, relationship to the underlying agents or contractors. transaction or, where there is no underlying transaction, the 6.10 The Subscriber shall provide to TradeStylus principal place of business; or the Subscriber’s contact details (e.g. address, telephone number, fax number, (ii) If the Originator or the Addressee e-mail) and shall promptly update does not have a place of TradeStylus from time to time on any business, reference is to be made change in such contact details. Where to the habitual residence of the TradeStylus is to send any notification to Originator or the Addressee. the Subscriber under this Agreement, TradeStylus shall use reasonable efforts to 7.7 If the Subscriber receives any Data do so at the Customer’s contact details Messages or Electronic Records addressed last provided to TradeStylus. TradeStylus to another Subscriber or a third party shall not be liable if the Customer cannot which was wrongfully forwarded to him, he be contacted through any one of the shall:- contact details after two (2) attempts made within a two (2) week period. (i) notify, and return the Data Messages or Electronic Records 7. DATA MESSAGES AND ELECTRONIC RECORDS to, the Originator through TradeStylus as soon as possible; 7.1 The Subscriber agrees that all Data Messages and Electronic Records to be (ii) destroy all copies of the Data sent through the Services will comply with Messages or Electronic Records all applicable legal requirements and such afterwards and keep the message requirements as TradeStylus may contents of the Data Message prescribe from time to time. confidential. 7.2 Unless otherwise specified by TradeStylus, 8. WRITING AND SIGNATURE REQUIREMENTS the dispatch of a Data Message is for all purposes deemed to have occurred when 8.1 The Subscriber agrees that, to the the Data Message enters an Information maximum extent permissible by law:- System outside the control of the Originator or of any person who sent the (i) a Data Message or an Electronic data message on behalf of the Originator. Record made and presented in accordance with TradeStylus’s 7.3 Unless otherwise specified by TradeStylus, specified message requirements the receipt of a Data Message is for all and procedures will in any event TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 4
    • and for all purposes be treated retention of the Subscriber’s digital and deemed the same as a signature certificate and TradeStylus’s document in writing with the authorised use of the Subscriber’s Digital same content. Signature. (ii) a Data Message or an Electronic 9. INTELLECTUAL PROPERTY RIGHTS Record with a Digital Signature made in accordance with 9.1 All intellectual property rights (including TradeStylus’s message copyright and trade marks) contained in, requirements and procedures will relating to or in connection with the in any event and for all purposes Websites and Services (including text, be treated and deemed the graphic, logos, icons, sound recordings same as a document in writing and software) are owned by TradeStylus or physically signed by the party our licensors. No materials provided who made the Digital Signature through the Websites or Services, including with the same content. text, graphics, compilations, computer programs, code and/or software may be (iii) a Data Message or an Electronic reproduced, modified, adapted, Record, whether Digitally Signed distributed, published, displayed, or not, sent to or communicated uploaded, broadcast, posted, transmitted with the Addressee through or hyperlinked in any manner and in any TradeStylus’s Services will in any form without our express, prior written event and for all purposes be approval and the respective intellectual treated and deemed to have property owners. been physically delivered and communicated with the 10. TERMS OF PAYMENT Addressee. 10.1 In consideration of the provision of the 8.2 The Subscriber shall inform other relevant Services by TradeStylus, the Subscriber Subscribers through TradeStylus if the agrees as follows: Subscriber is aware of any prohibition or restriction by the laws of any relevant (i) The Subscriber shall make payment to jurisdiction, or any inconsistency with such TradeStylus of all applicable charges laws, relating to any of the provisions ("Charges") for the use of the Services, specified in this Agreement or any including but not limited to related contents of a Data Message or Electronic technical support, in accordance with Record sent or received by it. TradeStylus's rates and fees, as may be amended from time to time by TradeStylus. 8.3 Upon the reasonable request of Notification of new rates and fees will be TradeStylus, for the purpose of any dispute either posted on the Website or sent to the resolution proceedings of whatever nature, Subscriber via electronic or written means. the Subscriber shall do such necessary acts Payment of Charges shall be in to perfect and give effect to the Data accordance with such payment modes as Messages or Electronic Records, whether TradeStylus may prescribe from time to digitally signed or not, including but not time. Payments by the Subscriber to limited to reducing the contents thereof in TradeStylus shall be the full amount billed writing and physically signing the written and free of any deduction of any nature records so reduced, to certify that the whatsoever, including without limitation, original Data Message or Electronic deductions for bank charges, official fees, Record was validly signed. taxes or any other expense or charge incurred by the Subscriber. 8.4 The Subscriber shall not challenge, and hereby waives all his rights (if any) to (ii) Unless TradeStylus agrees otherwise in challenge, the validity or enforceability of writing, if the Subscriber opts to make any Data Messages, Electronic Records, or payments by any payment mode other agreements or transactions concluded than by direct debit, TradeStylus shall be completely or partially through it on the entitled to request for a sum of money grounds that they were in electronic form, (“Advance Deposit”) from the Subscriber sent electronically and/or the signature to be placed on deposit with TradeStylus appended is only a Digital Signature. for the duration of this Agreement. The minimum amount for such Advance 8.5 Where the parties so agree, TradeStylus Deposit shall be as determined by shall retain the Subscriber’s digital TradeStylus from time to time in its sole signature certificate and shall be discretion. TradeStylus shall be entitled to authorised by the Subscriber to Digitally and the Subscriber hereby authorizes Sign the Subscriber’s Digital Signature on TradeStylus to deduct such monies from the Subscriber’s behalf to such electronic the Advance Deposit as shall be due and documents as may be authorised by the outstanding from time to time. Should Subscriber. The Subscriber hereby such Advance Deposit fall below the indemnifies TradeStylus against any action specified minimum amount, the Subscriber or liability that may arise from TradeStylus’s shall top up the difference as soon as TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 5
    • possible and in any case within two (2) bank, including but not limited to charges weeks of notification by TradeStylus, and in relation to maintenance of the inform TradeStylus when such top up has Subscriber’s account, all debits of been completed. payment (whether successful or unsuccessful), or overdrawn account. The (iii) If the Subscriber has submitted an Subscriber will also bear all charges authorisation form allowing for direct debit incurred by TradeStylus in connection with from a bank account designated by the the unsuccessful debit of payment from Subscriber ("Designated Account"), the Subscriber’s bank account. TradeStylus shall be entitled to and the Subscriber hereby authorises TradeStylus to (ix) The Subscriber shall be responsible for the debit directly, without any notice, the printing of its bills which are made possible Charges and other monies due to electronically as part of the Services. TradeStylus from the Subscriber’s TradeStylus will not be sending invoices to Designated Account. the Subscriber for the Charges incurred in the use of the Services. Bills for ancillary (iv) If collection of payment through direct services such as the Other Services will be debit is unsuccessful or if payment is not rendered by TradeStylus on a case by received by TradeStylus (whichever is the case basis and payment terms will be as case), late payment interest will be stated in each bill. imposed as provided in this Clause 10.1. The Subscriber will be informed of the (x) In the event that TradeStylus is compelled unsuccessful collection or non-payment to commence any legal action to recover and requested to make available the unpaid Charges, the Subscriber agrees funds and/or make any other that TradeStylus shall be entitled to claim arrangement deemed necessary with the legal costs on a full indemnity basis from bank within a specified time period the Subscriber. (“Payment Period”). In direct debit cases, the Subscriber shall inform TradeStylus 11. DISCLAIMER OF WARRANTIES AND LIMITATION OF when they have completed the LIABILITY arrangement with the bank. 11.1 Subject to clauses 11.2 and 11.3, and (v) If TradeStylus does not receive any except as expressly set out in this payment or notification as aforesaid from agreement, all representations, terms, the Subscriber within the Payment Period, conditions and warranties in relation to this TradeStylus will suspend the Services agreement or the Services, whether provided to the Subscriber. If TradeStylus implied by law or otherwise, are excluded. still does not receive any said payment or notification from the Subscriber or is unable 11.2 Nothing in this Agreement will operate so to contact the Subscriber at his last known as to exclude, restrict or modify the contact details within one (1) week from application of any of the provisions of the the Payment Period, TradeStylus shall be Trade Practices Act 1974 (Cth) or any entitled to terminate this Agreement equivalent state or territory legislation (the forthwith and the Subscriber will be de- “Relevant Legislation”), the exercise of a registered as an authorised user of the right conferred by such a provision, or any Services. The above shall be without liability of TradeStylus for a breach of a prejudice to the rights of TradeStylus in condition or warranty implied by such a respect of the non-payment of the provision, where the Relevant Legislation Charges and interest accrued thereon would render it void to do so. due from the Subscriber. 11.3 To the extent that it is able to do so, (vi) The Subscriber shall notify TradeStylus of TradeStylus expressly limits its liability any discrepancies in the amounts charged implied by virtue of any Relevant within thirty (30) days of notification of any Legislation to (the choice of which is to be payable Charges, failing which the at the sole discretion of TradeStylus): amount charged shall be deemed correct and the Subscriber shall not be entitled to (i) the supplying of the Services dispute the same or bring any action or again; or proceedings against TradeStylus in respect (ii) the payment of the cost of thereof. having the Services supplied again. (vii) TradeStylus may impose a late payment interest of 1% per month or S$5.00 per 11.4 To the extent permitted by law, TradeStylus failed cycle of direct debit whichever is excludes any warranty and does not higher, on Charges that are unsuccessfully warrant that: collected or outstanding from the due collection/payment date until actual (i) the Websites and Services will collection/payment date. meet Subscriber’s requirements or that the Websites and Services (viii) In direct debit cases, the Subscriber will bear all charges imposed by the relevant TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 6
    • will be uninterrupted, timely, any such person in writing that TradeStylus secure or error-free; or shall have no liability to them. In the event (ii) the security of any information any claim is made by any such person transmitted over the Internet as against TradeStylus, the Subscriber shall no data transmission over the take all steps to enforce its rights including Internet can be guaranteed as but not limited to the institution of legal totally secure. proceedings, if necessary, against any Accordingly, any document or information such person to restrain them from bringing which is transmitted by the Subscriber, such claims against TradeStylus. whether to TradeStylus or to any other party, is transmitted at Subscriber’s own 11.9 TradeStylus shall not be responsible for any risk. dealings (i) between the Subscriber and the Service Providers or (ii) between the 11.5 TradeStylus is not responsible for the Subscriber and another Subscriber whether availability, content or security of external or not such dealings are facilitated websites or websites belonging to Service through the use of the Services. Providers which may be linked or integrated with the Websites. TradeStylus 11.10 The Subscriber agrees that it shall not bring undertakes no liability, whether in contract, any claims, actions or proceedings tort or otherwise for the acts, neglects and whatsoever against the Service Providers in omissions of the Service Providers or other respect of any damages, loss, cost and third parties, including without limitation expense arising from the use or reliance on third party providers of the data, information, content or matter telecommunication, computer or internet provided by the Service Providers via the services or for faults in or failures of their Website or Services. apparatus, equipment or systems. 11.11 To the extent permitted by law, TradeStylus 11.6 To the extent permitted by law, TradeStylus shall have no liability to the Subscriber for shall not be liable to the Subscriber or any any loss, damage, cost or expense arising other party for any damages, loss, cost or from or in connection with this Agreement expense suffered by the Subscriber or any unless the Subscriber shall have served other party as a result of: notice on TradeStylus within one (1) year from the date the event giving rise to the (i) an action brought by a third cause of action arose. party even if such loss was reasonably foreseeable or 11.12 Neither party shall be responsible for failure TradeStylus has been advised of to perform or fulfil its commitments under the possibility of the Subscriber or this Agreement (other than an obligation any other party suffering or to pay money) if such failure is due to any incurring the same; other circumstances outside its reasonable control. Such circumstances comprise, but (ii) the reliance on or use of any are not confined to, acts of God, war, riots data, information, content or and sabotage. matter provided by the Service Provider via the Services or the 11.13 TradeStylus shall not be held responsible for accuracy, correctness or any failure to meet its obligations under completeness thereof; this Agreement to the extent that such failure is attributable to the effects of any (iii) any errors, interruptions or other computer virus. occurrence whatsoever arising out of any form of 11.14 In any event, to the extent permitted by communications or other facilities law, the liability of TradeStylus for loss, not provided by TradeStylus; damage, cost or expense to the Subscriber, for any cause whatsoever and (iv) any data or other information regardless of the form of action, whether in input, sent or received by or to contract or in tort including negligence or the Subscriber or through the otherwise, shall not exceed a total of the Services; or last three (3) months’ payments by the Subscriber to TradeStylus. (v) any occurrence not due to TradeStylus’s direct default. 12. GOVERNING LAW 11.7 To the extent permitted by law, in no event 12.1 This Agreement shall be governed by and shall TradeStylus be liable for any loss of construed in accordance with the laws of business, profit, goodwill or any type of the State of Victoria and the special, indirect or consequential loss. Commonwealth of Australia. The parties agree to submit to the exclusive jurisdiction 11.8 The Subscriber shall indemnify and keep of the courts of State of Victoria. TradeStylus harmless against any damage or claim by any person which may arise 12.2 Recognizing the global nature of the out of this Agreement and agree to notify Internet, the Subscriber agrees to comply TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 7
    • with all local rules regarding online bound by the terms hereof. This conduct, acceptable content and use of Agreement shall supersede all proposals, the Websites and the Services. Details prior agreements, oral or written, and all contained on the Websites have been other communications between the prepared in accordance with Australian parties relating to the subject matter of this law and may not satisfy the laws of any Agreement. other country. TradeStylus does not warrant that the details on the Website will satisfy the laws of any country other than Australia. 13. TERMINATION OF ACCESS 13.1 Either party may terminate this Agreement by thirty (30) days’ prior written notice to the other party. 13.2 Upon termination, the Subscriber and its nominees shall immediately cease to use or access the Services. 13.3 Notwithstanding the foregoing, TradeStylus may cease immediately to provide the Services and to terminate this Agreement forthwith if (i) the Subscriber is subject to an Insolvency Event; (ii) the Subscriber breaches or fails to conform to any obligation owed by it in accordance with this Agreement; or (iii) as provided under Clause 10.1(v) of this Agreement. 13.4 Clauses 6.3 to 6.6, 6.9, 9, 11, 12, 13.4 and 14.1 shall survive the termination of this Agreement. 14. GENERAL 14.1 The Subscriber shall not, in any litigation proceeding, challenge the admissibility as evidence or the accuracy of a data log or electronic record provided by TradeStylus in whatever form it may be presented. 14.2 Nothing in this Agreement shall constitute or be deemed to constitute a partnership between TradeStylus and any Subscriber or Service Provider, nor constitute the appointment of TradeStylus as agent of any Subscriber or Service Provider. 14.3 A waiver of breach or default under this Agreement by TradeStylus must be in writing and shall not be a waiver of any other or subsequent default. Failure or delay by TradeStylus to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition. 14.4 If any terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force. 14.5 The Subscriber shall not assign this Agreement or any part thereof without the prior written consent of TradeStylus. 14.6 The Subscriber shall be deemed to have read this Agreement and agree to be TradeStylus International Pty Ltd General Terms and Conditions (ASP Services)(Australia) – Version 1.0 of 2009 8
    • Direct Debit Request TradeStylus Pty Ltd ACN 097 852 938 ARBN Request and Authority to debit the account named below to pay TradeStylus Pty Ltd Request and Authority Surname or company name _______________________________________ to debit Given names or ACN/ARBN __________________________________(“you”) request and authorise TradeStylus Pty Ltd 198476 to arrange for any amount TradeStylus Pty Ltd may debit or charge you to be debited through the Bulk Electronic Clearing System from an account held at the financial institution identified below subject to the terms and conditions of the Direct Debit Request Service Agreement [and any further instructions provided below]. Insert the name and Financial institution name ________________________________________ address of financial Address _______________________________________________________ institution at which _______________________________________________________ account is held Insert details of Name of account _____________________________________________ account to be debited BSB number |___|___|___| - |___|___|___| Account number |___|___|___|___|___|___|___|___|___| Acknowledgment By signing this Direct Debit Request you acknowledge having read and understood the terms and conditions governing the debit arrangements between you and TradeStylus Pty Ltd as set out in this Request and in your Direct Debit Request Service Agreement. Optional Section: [The maximum amount to be debited at any one time is: $ |___|___|___| - |___|___| ________________________________________ (amount in words) [Payment Details] or The first debit may be made on ___ / ___ / ___ Insert your signature Signature _______________________________________________________ and address (If signing for a company, sign and print full name and capacity for signing eg. director) Address _______________________________________________________ _______________________________________________________ Date ___ / ___ / ___ Free form section for the use of the Debit User