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Wel USA Terms and conditions
WEL TERMS OF USE

These terms apply to all WEL services provided by WEL Corporation Pty Limited (ABN 94 094 956 126) of 21/422 Pulteney Street, Adelaide SA 5000 AUSTRALIA.

Your responsibilities

You must adhere to WEL's Privacy Policy, which deals with the protection of personal information. By proceeding to register and use any WEL service, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the top of the welcorp.com home page). It is your responsibility to comply with WEL's Privacy Policy.

You agree to provide accurate and complete information about your company and authorised contacts when registering to use any WEL service and when applying for a Monthly Account.

You can select any of the distribution lists on-line from WEL MEDIA & WEL Business Lists Online as well as provide your own lists for the distribution of your Information.

You are responsible for the Information you send. Please ensure that your Information is relevant, and of interest, to your targeted audience. WEL does not take responsibility for the content of your documents delivered by the WEL network. You warrant that the content of all documents you submit will be accurate and free of any viruses. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice. In particular, you warrant that you comply with WEL's SPAM Policy, which deals with the transmission of unwanted material (see Spam Policy at the bottom of the www.welcorp.com home page).

You authorise WEL to distribute your Information to the chosen list(s) of recipients and further permit those recipients to use the Information conveyed to them.

WEL's responsibilities

WEL will use all reasonable efforts to ensure that your Information is distributed on time according to your on-line instructions. WEL, however, does not take responsibility for any errors in transmission or the selection of distribution lists. WEL does not warrant that your recipients have expressed an interest in receiving your Information either from your own lists or any distribution lists provided by WEL or its third-party providers.

WEL will give you access to all WEL distribution lists and your own lists and will provide WEL services to you provided that you comply with these Terms of Use. WEL is not responsible for any errors in lists created by you or for the accuracy of WEL's MEDIA or Business Lists Online. Should you fail to meet the conditions in these Terms of Use, then WEL reserves the right to block your access to any of WEL's lists, terminate your scheduled broadcasts, terminate your registration, and retain any fees paid by you.

Limitation of Liability

By becoming a WEL Customer you acknowledge that to the fullest extent permitted by law that WEL will not be liable in any way for the Information transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. WEL will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.

By becoming a WEL Customer you agree to indemnify WEL against any loss, liability or expense arising from any loss in connection with the use of any WEL service. You also agree that to the fullest extent permitted by the law all expressed and implied terms and conditions other than those set out on the WEL website are excluded.

Payment

WEL offers 2 methods of payment for all services:
1. Monthly Account for approved applicants. Terms are 7 days within receipt of invoice, unless other terms are arranged in writing. WEL will invoice by the 7th day of each month.
2. Pre-payment of Account for WEL Package Deals. Pay in advance and enjoy special rates on many popular lists and services.
Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.

Term of Service

There are no set contractual periods for WEL services for Monthly Account Customers. Pre-payment Account Customers who select a WEL Package Deal have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 months time. Any credit remaining after 12 months will be forfeited.

General Conditions

WEL reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If WEL terminates your account for this reason, then the balance of any unused credit will be forfeited.

If WEL intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then WEL will give you 30 days notice of termination of service. If WEL terminated your account for this reason, then WEL will refund the balance of any unused credit up to the termination date.

If you are a WEL Monthly Account Customer and do not pay WEL in accordance with the payment terms, WEL may terminate all services until all arrears are paid.

Any WEL Customer may give 30 days notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorised termination letter from the original customer.

Surcharge for Long Faxes

WEL will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 2 minutes to transmit, then it will incur a surcharge of 10 cents per minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.

However, if you test your fax, and we quote you a transmission time of under 2 minutes, then your fax will not incur a surcharge.

Trademarks

WEL is a registered trademark of WEL Corporation.

Copyright

WEL owns the authorship contained in the website http://www.welcorp.com. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of WEL. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.

Links to the WEL web site

Hypertext links to the WEL web site, http://www.welcorp.com, are permitted as long as they are only text links marked "WEL" or "WELCORP", point to the home page, and that the appearance of the link does not denigrate WEL Corporation, the site http://www.welcorp.com, or the logo of WEL Corporation.

Disclaimer

WEL Corporation disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.

Applicable Law

WEL's rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of South Australia. WEL reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.

Contact Information

Toll Free: 1300 739 939
info@welcorp.com

LAST UPDATED: 29 August 2006