Bell Media Terms and Conditions
Lawful Use of Service and Device you agree to use the Service and Device only for lawful purposes.
This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Bell Media?s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Bell Media reserves the right to terminate your service immediately and without advance notice if Bell Media, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at Bell Media’s discretion be immediately charged to your credit card.
Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Bell Media
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Bell Media) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet Telecom provider and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Bell Media terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or phone outages will also prevent dialling to numbers which may restrict the calling feature. Should Bell Media suspend or terminate your Service, the Service will not function until such time as Bell Media restores your Service (which may require payment of all invoices and fees owed by you or cure of any breach by you of this Agreement).
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Bell Media’s website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Bell Media are and shall remain the exclusive property of Bell Media and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
Tampering with the Device or Service
You agree not to change the specified functions, without express permission from Bell Media in each instance which Bell Media may deny in its sole discretion. Bell Media reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
Theft of Service
You agree to notify Bell Media immediately, in writing or by calling the Bell Media customer support line, if your listing is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number / username and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Bell Media receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
Broadband Service / ISP Outage or Termination / Suspension by Bell Media
You acknowledge and understand that service outages or suspension or termination of service by your Telecom provider and/or ISP or by Bell Media will prevent receiving calls.
Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service..
Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage may prevent some Services. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement
Limitation of Liability and Indemnification
You acknowledge and understand that Bell Media’s liability is limited for any Service outage from your line to receive calls, as set forth in this document. You agree to defend, indemnify, and hold harmless Bell Media’s, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of your Service.
BILLING & CHARGES
You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by Bell Media) when the Service is activated. Bell Media reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Bell Media at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.
Termination/Discontinuance of Service
Bell Media reserve the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month’s charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.
Re-activation Bell Media reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14 days.
Bell Media will refund call charges if it can be demonstrated the customer has been incorrectly charged. If a customer cancels the BellMe free call service, there is no refund for the remaining call credit. If a customer upgrades or downgrades the service, there is no refund for the remaining call credit and any portion of the monthly fee. For an existing Bell Media customer to change service type, the changed service shall be treated and charged as a new & separate service. There shall be no transfer of call credit or any charges from the old to the new service type. Bell Media BellMe call credits are not redeemable for cash.
Custom BellHD video products have a 5 business days cooling off period. Requests for refund after the initial 5 day cooling off period will be issued less expenses which will be no more than 60% of the purchase price. After 90 days from the initial purchase of a custom BellHD video product Bell Media reserves the right to refuse refund and/or provide service/product. Refunds must be requested in writing within the allocated time periods. Funds will be deposited via electronic transfer to the nominated account. Successful refunds will be issued after 30 business days from the application in writing.
WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION
Limitation of Liability
Bell Media shall not be liable for any delay or failure to provide the Service, or any interruption or degradation of voice quality that is caused by any of the following:
- act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;
- government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to Customer;
- outage of Customer’s ISP or broadband service provider;
- act or omission of Customer or any person using the Service or Device provided to Customer;
any other cause that is beyond Bell Media’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed or degradation of voice quality.
Disclaimer of Damages
In no event shall bell media, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, . The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not bell media was informed of the likelihood of any particular type of damages.
No Warranties on Service
Bell Media makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer’s requirements. Without limiting the foregoing, bell media does not warrant that the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither bell media nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorized access to bell media?s or customer’s transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer’s data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of bell media’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the service or device, if any, by bell media or bell media?s agents or installers are informational and are not given as a warranty of any kind.
No Third Party Beneficiaries No provision of this Agreement
Provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Bell Media reserves the right to terminate or suspend affected Services, and/or remove your or Users’ content from the Services, if Bell Media determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Bell Media’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or Content may violate any laws or regulations. Bell Media’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold Bell Media against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
FAIR USE POLICY
The Fair Use policy applies to ensure all eligible Bell Media customers are able to access our services. We reserve the right to vary the Terms of the Fair Use Policy from time to time.
The Agreement and the relationship between you and Bell Media shall be governed by the laws of Australia. The failure of Bell Media to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement and the rates for Services found on Bell Media’s website constitute the entire agreement between you and Bell Media and govern your use of the Service, superseding any prior agreements between you and Bell Media and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Bell Media unless and until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Changes to this Agreement
Bell Media may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Bell Media web site. Such changes will become binding on Customer, on the date posted to the Bell Media website and no further notice by Bell Media is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
Payment is required in advance and in full. The payment is for call credits used with the BellMe button. Payments for call credits are non refundable and Bell Media reserve the right to cancel call credit after twelve months.
Bell Media strive to make the click to call BellMe button compatible with all website and web browser but we cannot guarantee the service will work 100% of the time. If you experience an issue with your service please call 1800 235503.
Bell Media will initially install your new BellMe Button on your chosen website, if however you decide to change websites or your click-to-call button has been removed for some reason, Bell Media can reinstall your BellMe button for a reinstall fee of $100.
Account Keeping & Administration Fees
Customers who do not topup call credits within a 12 month period will be subject to a $49.95 per year account keeping and administration fee.
BellHD Website Video Production
BellHD includes, Website video presenters, web presenters, video spokespeople, video spokesperson, walk on videos, live person, video banners and corporate youtube videos.
Payment is required in advance with a minimum deposit of 50% and is non refundable. The balance is strictly C.O.D.
Word Count Calculations 15 seconds = 45 words 30 seconds = 90 words 60 seconds = 180 words 120 seconds = 360 words. The final script needs to be approved before filming can commence. Once acknowledgment that the final script has be received, changes cannot be made after filming is complete, regardless if the script is too long, too short, information has been left out or information within is incorrect. “Sign Off” on the final script is the sole responsibility of you the client.
Pronunciations of certain words may need to be phonetically written to make it very clear that the video presenter knows how to pronounce unfamiliar words. An audio file can also be sent by you if needed to assure pronunciation is correct but this is optional. Even if you are unsure it is best to write it ‘phonetically’ just to be sure
The video presenter’s attire must be approved by you before filming can commence and cannot be changed after filming is complete. A photo can be taken on the day of filming and either emailed or an MMS sent to you but must be approved by you at that time. Therefore someone must be available to view and approve the video presenter’s attire. If you are not contactable during filming, even after agreeing to be, then the final choice will be made by Bell Media and cannot be changed.
Alternatively, the choice of the video presenter’s attire, as seen in their show reel on the Bell Media website, can be used or attire worn by the video presenter on other Bell Media productions can be referred to. Links to these productions can be sent to you for viewing to confirm what you would like the video presenter to wear prior to the video presenter coming into the studio.
Otherwise please describe, in detail, exactly what you wish the video presenter to wear or supply a photograph. The video presenter will do everything in their power to provide the suggested attire but if they are unable then you, the client, must have a secondary choice or otherwise supply the attire to us in the post.
This choice of attire is final and cannot be changed after filming is complete. Alternatively a snap shot can be taken of the video presenters attire just prior to filming but you must agree to be available at the time of filming, either by MMS or Email, to receive the image and approve the attire while the video presenter waits in the studio.
The presentation of the script by the video presenter needs to be conveyed by you to the best of your ability. For example, if you require the video presenter to read your script in a professional, serious, enthusiastic or a light hearted manner. Bell Media will supply two or three different versions of the final website video presentation for you to choose from.
iPad and iPhone compatibility
Upon completion of your BellHD video presentation Bell Media will supply you an IDevice compatible version of your video. This will allow your video to be viewed on Apple devices by your customers. In no way is this guaranteed and Bell Media reserves the right not to supply you with this product. Bell Media supplies this version as an added bonus and is not included in the price of the product.
Upon completion of your BellHD video presentation Bell Media will supply you with a Youtube version of your video. This will allow your video to be on www.youtube.com as well as your own site. In no way is this guaranteed and Bell Media reserves the right not to supply you with this product. Bell Media supplies this version as an added bonus and is not included in the price of the product.
Uploading & Installation
Bell Media will assign with the upload and installation of your video after it has been produced. If you wish to reinstall or move the video to another website there will be a $100 fee to reinstall or move for website video to another location.
Video Hosting & Support
Bell Media will provide unlimited* video hosting and support for 12 month period from the establishment date of the account. Continuing support and video hosting will be charged at $100 per 12 month period. Support includes software updates, consulting and hosting management.
*Unlimited hosting is subject to fair use which may be subject to additional charges if a user exceeds 100 000 views per month.
BellHD Flash Video Player Scripts/Code/Software API
Bell Media will charge a $99 re-establishment fee per video if the BellHD video / videos have not been produced within 90 days from when the account was established.
Generic BellHD Video Presenters
Which are those video presenters which are included as a free optional extra in the BellMe free call button are the exclusive property of Bell Media Pty Ltd. BellMe Generic video presenters included in the BellMe free call may change at any time, or be removed/disabled completely without notification at Bell Media’s discretion. Generic Presenters may not be reproduced or displayed without prior written authority by Bell Media Pty Ltd.
Facebook Business Pages
Payment is required in advance in full and is non refundable
Please provide Bell Media with a completed checklist, we will not commence work until we have received it. If you have any questions please call 1800 235503.
Bell Media will utilize your current website as the design to go with. We will also use any images you provide. Please be aware the some creative liberty will be taken.
Management and Results
Once Bell Media has completed the customization of your Facebook page we take no responsibility for its management or results thereafter. If you wish your business page to be managed and/or most customization need doing there will be a fee.
Bell Media Small Business Website Design Packages
Please provide Bell Media with a completed checklist, we will not commence work until we have received it. If you have any questions please call 1800 235503
Website Design and Support
Websites will be designed based on other websites examples that you like. We will provide you with a preview of your site and allow 2 revisions. If you require more than 2 revisions, there will be a fee.
Bell Media websites are self-managed and Bell Media is not responsible for any copy, editing or updating of the clients website. Bell Media is under no obligation to do any work on your site unless contracted to.
Custom coding/graphic/design/more revisions or extra work will be billed at $100 – $175/hr ex GST. You will be told what is considered custom work before the work is commenced.
Although Bell Media monitors the bandwidth/disk space usage of the website, Bell Media does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
Bell Media does not allow any of the following content or websites to be stored on its servers:
- Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
- Scripts – any script that creates a load on the server will be removed.
- Spamdexing – activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
- Bulk Email newsletter programs/scripts.
- Any activity which causes service interruptions to either Bell Media’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
- Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
- Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Bell Media.
- Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiast.
- Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
Bell Media does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Trademarks and Copyrights
The customer warrants that they have the right to use the applicable trademarks.
Unlimited Guarantee Fair Use Policy
Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in the offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the service.
Unlimited Small Business Hosting
Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) we cannot build or support your website unless it is hosted by us.
We consider fair use for a small business website to be 1Gb (approx 10,000 web compressed images) of storage and 5Gb (approx 10,000 visitors per month) of bandwidth.
The customer agrees to make use of Bell Media Web Hosting servers primarily for the purpose of hosting an information website, and associated email functions. Data uploaded must be primarily for this purpose.
We consider fair use to be as many pages as you like
Unlimited Products (online store)
We consider fair use to be 500 products. If you wish to add more there will be a fee of $100 + GST per 500 products.
Ongoing fees for hosting and support
Bell Media offers 12 months hosting and support for your new website. After 12 months if you wish to continue to use these services there is a yearly fee of $200 + GST.
Bell Media provides a telephone helpdesk during business hours 9am – 5.30pm (EST) and an email support service. Included in your yearly fee:
- Hosting Support
- Server Maintenance
- Help using WordPress (understanding what you can do and where you do it)
- Help using web mail (and one time support for email setup)
- Help configuring and transferring Domain Names
- Billing enquiries
- Bug reports and fixes of our CMS functionality
The following attracts an hourly support fee of $100 ex GST per hour. Minimum of 1 hour.
- Content changes
- Design changes
- HTML/CSS/Coding, support or troubleshooting
- Time spent investigating a reported issue for which Bell Media is not responsible
Payment of all support tasks or additional work outside of your original package fee will be payable as soon as the task is completed. We will not notify you of the payment, we will charge you using your payment method on file.
Cancellations and Refunds
All deposits and fees are non-refundable after the checklist is returned to Bell Media, or after 14 days has elapsed since the date of payment. Refunds will be less $100AUD + GST administration fee.
Once the checklist has been signed off on prior to the website build, all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
We make efforts to ensure that our website, and all of our services are online 24×7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.
As part of your website build and ongoing hosting Bell Media has the right to include back-links from your website to Bell Media. This is an important marketing avenue for us and is factored into your website cost. If you do not want the back-link on your website we may be able to negotiate a fee for the removal of the links.
Bell Media will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.