Terms & Conditions

These terms and conditions will apply to each the services OfficeEarth Pty Ltd (ABN 31 141 557 940) offers.  You will be deemed to accept these terms and conditions upon registering with us.  These terms apply whether you access the services we offer via our website, a portal we may allow you to access, a mobile phone application or any other medium that enables you to access our services.

We offer reception services.  The appendices to these terms and conditions include specific terms and conditions that apply to these services. 

We may vary these terms and conditions at any time by updating these terms and conditions on our website.  An update to these terms and conditions may be made in respect of pricing, the services we offer as a whole, the services we offer as part of any package and any other matter we determine in our absolute discretion.  Any variation to these terms and conditions will be taken to be effective from the next time you use any of our services after they are updated on our website.

1.     Pricing and payment

1.2. All fees payable to us must be paid by credit card.  By providing us with your credit card details you authorise us to charge all payments owing to us to your credit card. A $0.55 plus 1.5% fee will be added to all payments using VISA or MasterCard and a 3.5% fee for American Express.

1.3. A minimum monthly fee is payable for our virtual assistant package.  The amount of the minimum monthly fee will be $4.90 The monthly fee is payable in advance on the day you sign up for the service (
Anniversary Date) and for each month thereafter, on the Anniversary Date.  The monthly fee is payable until this agreement is terminated. 

1.3. We may change the fees we charge as follows:

1.4.1.     we may decrease our fees at any time by notifying you of the decrease;

1.4.2.     we may increase the price of subscription by providing you with 30 days notice.

1.5. Where you use the services we offer and a fee, in addition to the minimum monthly fee is payable for those services then, depending on the service purchased and the fees incurred and outstanding at that time, you will be required to pay the fee at the time the service is provided. These fees will be charged to your credit balance of your account.  However, if at any time the credit balance falls below the amount of the service fee, the account will become suspended, until sufficient funds are added. If you set up Auto Recharge option, then you authorise us to process, the value and timing of the recharge amount set by against your nominated credit card.

2.     Registration

2.1. In connection with registering for, using or participating in the services we offer you must: (a) provide accurate, current and complete information about you and your organisation and such other information as requested by us (
Registration Data); (b) maintain the confidentiality of your password and other information related to the security of your account; and (c) maintain and promptly update the Registration Data and any other information you provide to us, to keep such information accurate, current and complete.

2.2. You will be fully responsible for all use of your account and for any actions that take place through your account.

2.3. You must procure, maintain and are responsible for all hardware, equipment and other services (such as internet access) as is required from time to time to access the services we provide.

3.     Ending this agreement

3.1. This agreement will end and the account will be deleted after 21 days of expiry of credit.

3.2.1.     the other party becomes bankrupt or insolvent, or if an administrator, liquidator or receiver is appointed in relation to the other party or if the other party is wound up;

3.2.2.     the other party dies or ceases to carry on business.

3.4. We may terminate your account, at any time and in our absolute discretion, on 30 days’ notice, by sending a notice of termination to the email address you used to register your account or as subsequently updated.

3.5. You agree that, once your account is terminated we are not required to forward any mail to you or to answer calls received from a telephone number previously allocated to you. You are responsible for all fee incurred in your account at any time before it is terminated by us.

4.     No assignment

4.1. You may not assign or license any right under this agreement to any person. 

4.2. We may assign or licence our rights under this agreement without seeking your consent.

5.     Taxes and stamp duties

5.1. The fees set out in these terms and conditions are all listed inclusive of Australian Goods and Services Tax (
GST).  If you are not located in Australia then we choose to not charge you GST.  However, we may charge you taxes and duties we are required to collect in the jurisdiction in which you are located.  You authorise us to charge those taxes and duties to your credit card together with the fees

5.2. We will issue you a tax invoice in respect of services provided, this invoice will be available for download from your portal.

5.3. All stamp duties and governmental charges arising out of or incidental to this agreement are your responsibility and you indemnify us for any loss we may suffer resulting from your failure to pay such fees.

6.     Rights granted under this agreement

6.1. The rights granted by this agreement are non-exclusive.

6.2. Nothing contained in this agreement shall be taken to constitute or be construed in any manner whatsoever as the granting or taking of a lease, sub-lease, licence or any other right of possession of any premises or location. 

7. Service of legal documents

We will not be liable to you in any respect whatsoever in relation to any kind of service of legal documents to you using our services.  This includes, without limitation, documents that have been posted to you via premises we use in providing the services or in respect of document left at such premises.  This exclusion of liability applies, whether or not the service is considered to be valid in accordance with any law of any kind.

8. Compliance with third party conditions

In providing any services to you we may have additional obligations placed on us that we require you to comply with.  We or the third party will notify you of such obligations as and when they arise.  You must comply with all such obligations.

9. Responsibility for your agents and invitees

You expressly acknowledge and agree that you are responsible for the acts and omissions of your employees, agents, contractors and invitees while they access or use any premises made available via our website portal.

10. Liability and Indemnities

10.1.               You must indemnify us and hold us harmless against any loss, damage, cost liability or expense (including reasonable legal costs) resulting from:

10.1.1. a breach of your obligations under this agreement;

10.1.2. any claims by you or any person attending a premises provided in connection with the provision of services by us.

10.2.               Subject to clauses

10.3.               To the maximum extent permitted by law, we have no liability to your for indirect or consequential loss, loss of savings, loss of profit or loss of opportunity, however caused and whether or not we were aware that such loss may eventuate.  The liability limitations and exclusions in clause

10.4.               Where applicable legislation implies warranties in these terms and conditions that cannot be excluded, our liability for breach of such term is limited (if permitted by such legislation) to:

10.4.1. in the case of provision of goods, to the repair or resupply of such goods or the cost of repairing or resupplying such goods; and

10.4.2. in the case of provision of services, to the resupply of such services or payment of the cost of resupplying such services.

11. Failure to pay fees

11.1.                If your account balance falls to $0.00 or negative your account will go into suspension mode.

11.2.               While your account is in suspension mode calls made to your number allocated for reception services will be played a recorded message that your account has been suspended. 

11.3.               If your account remains in suspension mode for greater than 7 days then any telephone number that has been allocated to you will be disposed of or allocated to a new customer at our sole discretion.

12. General

12.1.               A reference in this agreement to $ is to Australian dollars.

12.2.               This agreement will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

12.3.               If any provision of this agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of remaining provisions are not affected.

Appendix 1 - Reception services

Our virtual assistants are trained to answer your calls promptly, courteously and professionally.  If you subscribe for our virtual assistant service at anytime, however the credit balance of your account is not refundable.

When you register for reception services you will be given the opportunity to register for a telephone number.  We reserve the right to change the number allocated to you at any time.  We will use our reasonable endeavours to avoid changing your number.  Where we are required to change your number we will give you as much notice as we reasonably can.  We will not be liable for any loss, cost or expense you may incur resulting from us changing your number.


We offer the following virtual assistant packages



Package

Package fee per month

Call answering fee and operator time fee

Express

$4.90

All calls are charged a $1.90 per call + $0.00 per minute

Basic Enterprise

$10.00

All calls are charged a $2.50 per call + $0.85 per minute

Business Enterprise

$49.00

All calls are charged a $1.50 per call + $0.85 per minute

Unlimited Enterprise

$99.00

All calls are charged a $0.00 per call + $0.85 per minute

Additional Landline

$9.00

As per the package selected

Toll Free Number

$18.00

As per the package selected

 

Add on services we offer include:
 

We may change our package offerings from time to time.  Where you have signed up for a package that we cease to offer, you will be entitled to remain on that package until we notify you otherwise.  Detail of packages we offer will not be included in these terms and conditions.  These terms and conditions will apply to you in all respects other than in relation to the details of the product inclusions and price as set out in this Appendix.

All pricing quoted is GST inclusive.

Appendix 2 - Business address services
We offer a business address service.  You can have your mail sent to one of our nominated addresses.
Domestic mail is re-directed to your nominated address at no additional cost.  We apply an acceptable use policy to this service.  We will generally not charge for up to 5 mail items per month.  Mail in excess of this amount may be charged at cost plus 25% handling fee plus GST.
International mail received will be forwarded to your nominated address at cost plus 25% handling fee plus GST.
You can elect to have your mail scanned and emailed to you.  The cost of this service is $2.20 per item.
You may, by prior appointment, collect from the premises any mail sent to you as a result of nominating the premises as your business address.  If you elect to collect mail and then fail to collect the mail within 14 days after its arrival the mail may be disposed of by us.
We will advise you if a parcel is delivered to us on your behalf.  You must collect parcels from your chosen premises within 7 days.  When collecting parcels you must provide photo identification and, if the parcel is addressed to a business, not a person, proof of your authority to collect the parcel on behalf of the business.  We may charge a storage fee of $7.70 per day for items not collected within 7 days of us notifying you that a parcel is available to be collected.  We may dispose of parcels not collected within 14 days of notice of their arrival to you.
You must not have delivered to the business address any dangerous or flammable goods.
A list of locations that are available for use is set out on our website.  The costs for using each location will vary. To obtain details regarding a specific location please review the locations on our website.

Appendix 3 - Meeting room services
This schedule applies where you book a meeting room at one of the locations lists on our website portal.  The location owner will only recognise and confirm a booking upon receipt of a request utilising our portal.
If you cancel a booking within one hour of booking the reservation and before the reservation starts the cost of the booking will be fully refunded.
You must comply with all rules, policies and procedures notified by us or by a location owner in respect of a location.
Where you book a premises you are provided access to the premises on the scheduled day and for the schedule time.  None of the following items are included in the service and the items below may not be available at each location:
- food or refreshments;
- telephone calls and/or faxes;
- photocopying;
- the use of mobile whiteboards;
- the use of the meeting room beyond the booked room hire time on the day of the booking. 
If your use of a premises continues beyond the designated completion time, then subject to availability, a further hourly fee shall be charged and that extra fee shall be payable to us for each additional hour. While an attempt will be made to accommodate extra time requirements, we do not warrant or represent that any use beyond the booked time will be provided.

The minimum standard dress to enter a premises is neat casual.

The following dress is not acceptable;
- Thongs, scuffs, dilapidated footwear, gumboots, moccasins, slippers;
- T-shirts, singlets, torn or ripped clothes even if "designer" tears;
- Football, running, athletic, bike, tennis and board shorts;
- Tracksuit pants;
- Beach wear;
- Overalls; and
- Any clothing displaying racist or similarly offensive messages.

Any person may be ejected from a premises if the person:
- has breached the dress code described;
- has persistently failed to comply with any reasonable direction made by the management of the location;
- allows anything to happen on the premises which may be illegal; or
- represents a danger to the safety or wellbeing of any person.

You must indemnify and hold harmless the owner of a premises and us for any and all damage which you or any person in attendance accompanying you may cause to the location.
Neither us nor the owner of the location will be responsible for any damage or loss to any personal items, documents or any equipment which you or any person in attendance accompanying you brings onto the premises.
No person in is entitled to smoke in a premises.
You may use the premises strictly for the purpose of conducting business.  You must not allow anything to happen on the premises which may be illegal or offensive or annoyance or nuisance to other persons attending the premises or to the surrounding offices.
You must not store or have delivered flammable, toxic or otherwise dangerous goods on or any premises.
You must take all reasonable steps to protect all property (including furniture and telecommunications equipment) that is located on a premises. You must not remove any notice or label that is attach to such property.
You may be ejected from a premises for breach of these terms by you or your invitees.  In that event, you will not be entitled to a refund for any unused time.
The following services may be available at certain locations:

 

Version 6 dated 5th March, 2017.