TERMS and CONDITIONS
The "Subscription Agreement" and these "Terms and Conditions" which form an integral part of the agreement are valid upon execution by the member, customer or the customer's agents, licensees, members, clients, employees, associates etc. hereby collectively referred to as "customer".
GlobalDEX, a division of Komo Ventures Pty Ltd, (the 'Company') agrees to provide and the customer agrees to accept the services listed in this Agreement and to pay all charges as listed on the Rate Schedules, as detailed in numerous pages on this web site, as well as any and all other applicable charges as are specified in this Agreement. Where appropriate the Company will provide monthly invoices, covering designated 30 day periods, which will be due and payable upon receipt. Where applicable, and when an invoice is issued, a late payment charge will be applied on balances that remain unpaid 30 days following the invoice date, in the amount to the lesser of (1) 1.5 percent per month of the amount of the late payment, starting from invoice date; or (2) the maximum allowed under applicable law. Questions concerning any invoice must be brought to the Company's attention, within 10 days of the invoice date. If the customer fails to notify the Company of any errors on the invoice the Company has the right to debit the customer's account automatically for the amount of the invoice.
The customer authorises the Company, or its nominated agent, to automatically debit customer's International Credit Card, Debit Account or Prepaid Account to cover the balance due on any invoice for the entire amount debited in US, European, Australian or any other applicable currency. The Company may present this Agreement to institutions or firms that must honour the International Credit Card arrangement and they are authorised to honour the same. The customer may terminate this International Credit Card, Debit Account or Prepaid Account arrangement by notifying the Company in writing at least 30 days prior to the effective date of termination. The Company reserves the right to terminate this Agreement for any reason upon notification to customer. Branded GlobalDEX, 1DEX, OneDEX or DEX web sites may have differing arrangements.
The Company may provide various services through international long distance carriers and hereby reserves the right to change or add another carrier at any time and at its sole and absolute discretion.
Changes in the service:
Within 30 days of the execution of this Agreement, the Company may notify the customer of any change or suspension of services or changes of these terms and conditions. This notification will be endorsed on the invoice. The customer's continued use of the service after this notification will be deemed as customer's acceptance of the change or suspensions of services or changes of these terms and conditions. Branded GlobalDEX, 1DEX, OneDEX or DEX web sites may have differing arrangements.
Dues and Rates:
International call rates, Communication services, Unified Messaging services, the cost of local calls, Credit Card dues, surcharge fees and any other service related fees are subject to change without notice.
For some products or services the Company may require a security deposit to guarantee payment of any amount, which may become due. The Company may require an additional deposit in the event that the monthly usage of services exceeds the amount of the initial deposit. This deposit is non-interest bearing and shall be refunded upon the customer's written request within 30 days of cancellation of service. Any deposit balance remaining after settlement of any indebtedness owed by the customer will be fully refundable.
Responsibilities, losses and thefts:
The customer understands and agrees that the Company's PrePaid card, is confidential and non-transferable and that the customer is solely responsible for the use of the service and co-use of the cards, inclusive of any unauthorised use. In case of fraud, loss or theft of the card, the customer must immediately notify and inform the Company.
The customer may cancel this Agreement at any time upon 30 days advance written notice to the Company. Branded GlobalDEX, 1DEX, OneDEX or DEX web sites may have differing arrangements.
This agreement shall be construed and governed in accordance with the laws to be nominated by the Company. If any provision of this Agreement is held to be invalid, void, void-able, or for some other reason unenforceable, then, in that event, all of the other remaining provisions of this Agreement shall nevertheless continue to be binding and in full force and effect on the parties hereto. Venue for the enforcement of the terms and conditions of this agreement shall be specified by the Company.
The Company does not guarantee the quality and efficiency of the service and the customer accepts the service without any guarantees. Furthermore, the Company shall not be liable for any consequential, indirect, special, incidental or other damages whatsoever arising from any failures, interruptions or deficiencies of services provided pursuant to this Agreement. The Company's liability for any interruptions, delays, errors, or defects in transmission, equipment or services provided to the customer under this Agreement shall be limited to an amount equal to the Company's charges incurred by the customer for the period of service during which such circumstances occurred.
In the event the customer is unable to access the service due to external causes (as an example, but not limited to, acts of God) the customer could obtain international service through local international lines. Accordingly, the Company shall not be responsible to the customer for any damages or losses incurred as a result thereof. Furthermore, the Company shall not be responsible for any additional charges that a local telephone company or hotel puts into effect on the service the customer receives from his local company or any other vendor.
If a third party brings an action against the customer for anything relating to this service, the customer hereby agrees to indemnify and hold the Company harmless from any liability thereon. The customer shall also be responsible to pay any and all reasonable legal fees and costs incurred by the Company in defending any action filed by a third party.
Any notice required or permitted under this agreement shall be sufficient, if in writing, and if sent by registered mail, certified mail, first class mail or hand delivered in the case of the customer to their last known address as shown on the books and records of the Company, or any other arrangement by mutual consent.
If a party hereof shall retain or engage any solicitor or solicitors to collect, enforce or protect its interest with respect to this Agreement, the non-prevailing party in any court action shall pay all of the reasonable costs and expenses of such collection, enforcement or protection, including, and without limitation to, all reasonable solicitor's fees and court costs at the trial and appellate levels.
Successors and assigns:
This Agreement shall bind the successors, heirs and assigns of the customer. The Company hereby reserves the right to assign or transfer any or all of its interest in this Agreement at any time without prior notice to the customer.
Currency of Information:
(last updated on 28 December 2017)