Terms & Conditions

1. Definitions and interpretations

a. "we", "us" and "carservice" means carservice.com.au.

b. "you" means the legal entity or entities completing the account application with carservice.com.au.

c. "Subscription Plan" means the plan to which the service centres subscribe to receive leads from carservice.com.au

d. "Alliance Program" means the advertising program encapsulating icons, search filters and banners on carservice.com.au

2. Duration of agreement

a. The carservice.com.au Subscription Plan is valid for twelve (12) months from contract date or until the allocated leads have been used (whichever comes first). After this date has expired, the yearly subscription and lead charges may be subject to a review and where possible, changes made.

b. The carservice.com.au Alliance Program is valid for six (3) months from contract date. After this date has expired, the Alliance Program fees & charges may be subject to a review and where possible, changes made.

3. Terms of agreement

a. Carservice.com.au is a subsidiary of Pentana Solutons ACN 087 522 290.

b. Your subscription to the carservice.com.au website is conditional upon your acceptance and compliance with these Terms and Conditions. Your signed acknowledgment of these Terms and Conditions constitutes your agreement to the Terms and Conditions. We have the right to change or discontinue these Terms and Conditions or any feature at any time, including content, hours of availability, pricing, equipment required for access, and these Terms and Conditions.

c. By signing and returning acknowledgement of this document, you agree to abide by the terms and conditions imposed by us, and pay the amount(s) and associated fees in relation to the transaction(s) you or members of your organisation authorise and/or process on the carservice.com.au website or by using any carservice.com.au Service or Product. In the event of a failure to do so, you duly recognise, and take full responsibility for, the liability that this action will impose on the delivery status of the carservice.com.au to you. Furthermore you authorise carservice.com.au to take any necessary action or method to recoup any amount(s) and associated fees.

d. Alliance Program: Should another party request to take ownership of the vertical that the alliance partner has subscribed to, the alliance partner will be offered first right of refusal for the new amount being offered.

4. Disclaimer

a. You agree that Carservice.com.au is not liable for any direct, indirect, incidental or consequential loss or damage that may occur through the use of this site, and you indemnify Carservice.com.au against all claims for loss or damage and any other liability whatsoever arising out of your use of the carservice.com.au product and services.

5. carservice.com.au Account

a. Once the application for an account with carservice.com.au has been received and accepted by us, carservice.com.au will open and maintain an account. A monthly account fee of $5.00 +GST applies to accounts that are using our pay per lead Subscription Plan and choose not to pay via direct debt. Payment terms for all invoices are 14 days from invoicing. Accounts that are on a direct debt will not incur any account fees and payments will be debited on the 10th day of each month pro-rata. If payment is not received then we reserve the right to suspend a Subscription Plan until payment is received.

6. Pricing

a. The price of the services supplied by carservice.com.au will be as agreed upon in the application form until advised differently by means of a carservice.com.au published price list. In the event of a carservice.com.au price variation, carservice.com.au will provide one month’s written notice of such variation.

7. Service Enquiries

a. It is the responsibility of the service centre to follow up all ‘Enquiries’ that are received from carservice.com.au in a timely manner and convert them to a booking. Consumers can send an email Enquiry that is sent directly to a nominated email address and can also make a phone enquiry via a 1800 number and extension number that connects them directly to the service centre.

b. A service centre can request a credit for an email ‘Enquiry’ if the enquiry is missing digits in the phone number or the email address bouncing back as invalid.

c. A service centre can request a credit for a phone ‘Enquiry’ if the call is unrelated to the nature of your business or the call is less than 15 seconds in duration.

d. Credits will not be issued for consumers that call and do not book or cancel a booking.

e. A credit can only be requested within 3 business days of receiving an “Enquiry” and must be emailed to contact@carservice.com.au with all supporting documentation. There are no guarantees that all credit request will be granted.

8. Enquiry Guarantee

a. The Enquiry Guarantee is based on enquiries that are received via email or phone. The Enquiry Guarantee is the minimum number of enquiries that carservice.com.au will guarantee will be received as a part of a Subscription Plan.

b. If a service centre does not receive the minimum number of guaranteed enquries within the allocation term of the agreement as set out in clause 2 – “Duration of the Agreement” then the agreement will continue indefinitely until this Enquiry Guarantee is reached.

9. Australian Units

a. All dollar amounts displayed on the carservice.com.au proposal, invoices and website, in the carservice.com.au published price list and in the carservice.com.au Application Form are in Australian Dollars (AUD$).

b. Time is provided in Australian Eastern Standard Time (AEST) as it exists in Melbourne, Australia (+10 hours UTC).

10. Payment

a. Subject to any other specific credit terms being agreed upon in writing by carservice.com.au, you agree payment of any and all amount(s) and associated fees in relation to the transaction(s) you or members of your organisation authorise and/or process using the carservice.com.au website facility or any other carservice.com.au service or product shall be made on a monthly basis. (Terms are specifically 14 days from date of invoice). carservice.com.au will maintain debtors’ records and provide a statement of account on a regular basis. Accounts that are on a direct debt will not incur any account fees and payments will be debited on the 10th day of the next month. If payment is not received then we reserve the right to suspend a Subscription Plan until payment is received.

11. Term and Termination

a. Subscription Plan

i. This Agreement commences on the Commencement Date and continues for a Term of 12 months unless a different Term is specified by the parties at the time of purchase or the allocated leads for the selected Subscription Plan have been exhausted.

ii. At the end of the Initial Term, this Agreement will automatically extend for successive Terms as specified in the proposal or where no Term has been specified, a Term of 12 months unless either party provides written notice to the other no less than 30 days prior to the expiry of the term; that the Agreement will expire at the end of the term.

iii. The Customer shall remain obligated for all fees through to the date of termination. Either party may terminate Agreement with immediate effect by giving written notice to the other party if the other party: breaches a material term of this Agreement and that breach is not capable of remedy or if capable of remedy is not remedied within 10 Business Days after notice is given; or suffers an Insolvency Event.

iv. On termination of this Agreement for any reason: the Customer must pay all outstanding invoices within 30 days of the date of termination; each party must, if requested by the other party, return all Confidential Information of the other party or if not requested then destroy such Confidential Information; the Customer must grant the Company access to any relevant Customer premises to retrieve any Products in respect of which title has not passed to the Customer; and the accrued rights and obligations of each party are unaffected.

b. Alliance Program

i. This Agreement commences on the Commencement Date and continues for a Term of 3 months unless a different Term is specified by the parties at the time of purchase.

ii. At the end of the Initial Term, this Agreement will automatically extend for successive Terms as specified in the proposal or where no Term has been specified, a Term of 3 months unless either party provides written notice to the other no less than 30 days prior to the expiry of the term; that the Agreement will expire at the end of the term.

iii. The Customer shall remain obligated for all fees through to the date of termination. Either party may terminate Agreement with immediate effect by giving written notice to the other party if the other party: breaches a material term of this Agreement and that breach is not capable of remedy or if capable of remedy is not remedied within 10 Business Days after notice is given; or suffers an Insolvency Event.

iv. On termination of this Agreement for any reason: the Customer must pay all outstanding invoices within 30 days of the date of termination; each party must, if requested by the other party, return all Confidential Information of the other party or if not requested then destroy such Confidential Information; the Customer must grant the Company access to any relevant Customer premises to retrieve any Products in respect of which title has not passed to the Customer; and the accrued rights and obligations of each party are unaffected.

12. Application subscription / license fee

a. The application subscription / license fee covers the use of the application whilst hosted by carservice.com.au. It does not include access to source code or ownership of the license – It is merely a right to use the application on an ongoing basis until such a time that either party exercises their right to terminate the contract.

13. Transmission speed

a. We have no control over the speed of transmission of data where the Internet is used for access. Carservice.com.au will endeavor to deliver all requests from the carservice.com.au database in a timely fashion however any delivery times advised to you by carservice.com.au are estimates only. Carservice.com.au shall not be liable to you or any other person or company for any direct or indirect loss suffered by you as a result of late delivery or non delivery of a carservice.com.au lead.

14. Interruption to service

a. We do not promise that your access to the carservice.com.au site will be uninterrupted (except to the extent, if any, which such a promise might be implied by law and be incapable of exclusion by us). We will use our best efforts to provide access during the hours published. However, there may be an interruption to services to facilitate urgent maintenance by; our service provider or carservice.com.au.

b. We will not be liable to you or third parties for interruptions to the service beyond our control including but not limited to:

i. Problems with your telecommunications services;

ii. Problems with your Internet Service Provider; or

iii. Problems with your hardware or software.

iv. (Except to the extent, if any, where we may not be able to lawfully exclude such liability).

c. We will not be liable to you or third parties if interruptions to this service cause delays in the processing of payments or the delivery of services.

15. Access outside Australia

a. We do not represent that material or services available from the carservcie.com.au website are appropriate or available for use in countries outside Australia. If you choose to access this site from outside Australia, you are responsible for compliance with foreign and local laws.

16. Confidentiality Statement

a. All information provided in this document by carservice.com.au is provided on a commercial-in-confidence basis, as its release into the general commercial environment may be advantageous to carservice.com.au competitors and harmful to our business.

b. This document and any electronic version thereof may only be copied and/or provided to your organisations employees on a need to know basis for the purpose of using carservice.com.au services. It may not be provided to any other organisation, competitor of carservice.com.au, service provider, or contractor without the prior written permission of carservice.com.au.

c. If required, a request will be made in writing by carservice.com.au, asking your organisation to return or destroy all electronic and paper copies of this document within seven days of being requested to so do and we will require that an officer of your organisation certify, in writing to carservice.com.au that the request has been complied with.

17. This agreement

a. This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

18. Waiver

a. None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us.

19. Contact

a. If you have any questions regarding the carservice.com.au Terms and Conditions, please contact us.

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