TELEPHONE RECORDED VOICE SERVICES – TERMS & CONDITIONS OF USE
These Terms and Conditions refer to each Client’s use of the following Telephone Recorded Voice services supplied by Image On Line Pty Ltd. Image On Line may alter these terms and conditions without notice.
DESCRIPTION OF SERVICE
Image On Line produces Recorded Voice And Music Productions to its Clients requiring these services to play to the general public over the Client’s telephone systems. Recorded Telephone Voice and Music Productions refer to any recorded voice or music produced by Image On Line for this purpose.
Recorded Telephone Voice And Music refers to any recording provided by Image On Line to a Client for the purpose of playing over the Client’s telephony system. This can include but is not limited to any of the following descriptions:
On-hold Messages / Messages On Hold / Music On Hold
Auto-attendant / Virtual Receptionist
Interactive Voice Responses / IVR / Voice Prompts
Voice Mail Messages
1. Licence Agreement
1.1. Under a Licence Agreement the Client is not buying the Recorded Voice and Music. The Client is buying the rights to play the Recorded Voice and Music over the Client’s Telephone System at the number of Sites described on the Licence Agreement.
1.2. The Licence Agreement automatically renews Quarter by Quarter after the initial contract period written on the Licence Agreement. There is no requirement to re-sign a long-term Agreement.
1.3. For each Client who requests Image On Line’s recorded voice services, there shall be a written Licence Agreement between Image On Line and that Client.
1.4. Image On Line transfers to The Client the right to play the recorded voice messages and music over the Client’s telephone system for the consideration of the quarterly fee listed on the Licence Agreement.
1.5. Copyright of all Recorded Voice and Music supplied to the Client remain with Image On Line unless otherwise described on the Licence Agreement.
2. Image On Line Quotes
2.1. The Licence Agreement creates a written down licence fee agreed between the Client and Image On Line.
2.2. Image On Line offers the written down price as a quoted cost to the Client.
2.3. Any quoted cost issued is valid for 60 days.
2.4. The written down price as quoted is the whole and entire cost of the service. There are no other hidden charges.
3. Client’s Acceptance of Offer
3.1. The Client accepts the written down cost by signing and returning the Licence Agreement to Image On Line.
3.2. Agreements will automatically renew after the initial service duration.
3.3. A Client is considered to accept the Licence Agreement by playing any recording produced by Image On Line on their telephone system and thus shall be bound to pay any royalty fees for using the recording.
4. Fees and Payment
4.1. The Fee on the Licence Agreement will not rise for as long as the Client’s agreement is ongoing.
4.2. The Licence Fee confers on the Client the rights to public performance for the Recorded Voice and Music over the Client’s telephone system, and all administration, scripting, production, and any hardware required. There are no hidden fees beyond those on the Licence Agreement.
4.3. Image On Line owns and holds the copyright of all productions unless specified. The Client must hold a current Licence Agreement and Image On Line must have received current payment from the Client have the rights to play the On Hold Messages provided within the Client’s telephone system.
4.4. The Licence Agreement Fee is charged quarterly unless other arrangements are made between the parties to the agreement and recorded on the agreement.
4.5. The Licence Agreement Fee is payable in advance and must be paid by the due date on each invoice for the Licence to be current.
4.6. All fees are non-refundable.
4.7. Billing commences from date of message installation, whether custom or generic messages. Paid invoices transfer the performance licence to the Client.
5. Client Site Definition
5.1. A Site is regarded as one or both of these definitions:
5.1.1. either a Physical Location where the client conducts business,
5.1.2. or a discrete Telephone Service upon which The Client conducts business.
5.2. Multiple Physical Locations requiring the same message or different messages shall be regarded as separate Sites.
5.3. Multiple Telephone Services requiring different messages at single Sites shall be regarded as separate Sites.
5.4. Multiple Telephone Services requiring the same message at single Sites shall be regarded as one Site.
5.5. The Licence Agreement allows The Client to play the recorded voice messages and music only at the Sites listed on the Agreement.
5.6. The Client can add or subtract a Site by notifying Image On Line as an appendix to the agreement or by Image On Line issuing a new agreement to the Client including or excluding the Site.
5.7. The Client or its Telephony provider will not play recorded voice messages and music supplied from Image On Line at any site that is not included in the Licence Agreement.
6. Delivery of Service
6.1.1. Image On Line will write the voice script to the Client’s brief.
6.1.2. The Client approves the script before production.
6.1.3. Where the Client has not approved a script within 4 weeks of requesting the service Image On Line will supply a temporary generic message recording and this shall constitute commencement of supply of the full service.
6.1.4. On Hold Messages Production consists of up to 8 messages unless otherwise arranged between the parties.
6.2. Production of Recordings
6.2.1. Image On Line will confer with the Client about which voice style and music style is best suited for the Client’s purposes, and record the script with professional voice and music in this style.
6.2.2. Final voice selection remains with Image On Line. Requests for voice talent and or music supplied by agencies other than Image On Line will incur extra fees.
6.2.3. Image On Line will reproduce on request by the Client any recording that has audio quality below acceptable standard and/or where the script has not been approved by the Client.
6.3. Delivery of Recordings
6.3.1. Hard delivery – In some technology, an outboard playback unit is required to play On Hold Messages into the Client’s Telephone System. Where this is necessary, Image On Line will supply a playback unit to serve this purpose and supply hard media to play on the playback unit . Fees may apply for this service. The media supplied is not transferrable to other playback units not supplied by Image On Line.
6.3.2. Soft Delivery – Image On Line will make available an audio file for the Client or the Client’s Telephony provider to upload to the Client’s telephone system. Some Licence Agreements without equipment mayrequire initial phone programming and/or costs, and the Client remains responsible for all third party telephone programming costs.
6.3.3. Updates of Content – The Client is eligible to update the recording at the schedule described in the Licence Agreement. Failure to update recordings shall not reduce the fee in the Licence Agreement.
7. Termination of Agreement
7.1. Image On Line requires 90 days’ notice in writing in advance for service termination.
7.2. The Client is responsible for notifying Image On Line in advance of any changes to the Client’s responsibilities under the licence agreement, including site changes, Licence Agreement changes, or any cessation of trade whatsoever.
7.3 Notice of Service Termination shall extinguish the Licence Agreement between the parties.
7.4 On the termination date the Client will cease playing all productions and audio supplied by Image On Line and remove all audio supplied by Image On Line from the Client’s equipment. If the production/s remain playing on any of the Client’s systems after the termination date the Client agrees to remain legally liable for Image On Line’s continuing invoices.
8.1. Any Hardware and/or Equipment supplied by Image On Line remains the property of Image On Line.
8.2. Replacement fees apply for any missing or unobtainable hardware owned by Image On Line.
8.3. Maintenance by Image On Line is limited to Image On Line’s equipment and recordings only. Image On Line will not be held liable for any damage to the Client’s equipment however caused.
9. RESTRICTIONS OF LICENCE
9.1. The Client and the Client’s Telephony provider are not entitled to make any public performance of The Recordings other than over the telephone at the specific sites listed in the Licence Agreement or its schedules or addenda.
9.2. The Recordings supplied cannot be used on any other media, or in any other way than over the Client’s telephone service, without written permission from Image On Line.
10. LIMITATIONS OF LIABILITY
10.1. Image On Line shall not be held liable or responsible in any way for any damage or other effect on the Client’s property or any property on the Client’s site or for any effect on the Client’s business whatsoever.
10.2. The Client will be responsible for all actions of and costs from the Client’s Telephony provider.
10.3. These Terms and Conditions do not extinguish any party’s obligations or responsibilities under State or Federal Law.
TERMS AND CONDITIONS
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://www.imageonline.com.au (“the Site”) operated by Image On Line Pty Ltd. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.imageonline.com.au.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Image On Line Pty Ltd. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Image On Line Pty Ltd..
This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Victoria, Australia, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.