Hassle-Free Business Process Outsourcing
Affordable BPO Services
Chat with our Australian-based specialists team to find out how offshore outsourcing to the Philippines is the most cost-effective way
to scale your business.
Hassle-Free Business Process Outsourcing
Affordable BPO Services
Improve Efficiency & Productivity
We specialise in finding the best talent for your business operations.
Improve the quality of your work with more qualified staff, equipped with the latest technologies and trained in the use of best practices from us.
Reduce Costs
We have a large talent pool for staffing and state-of-the-art facilities.
Reduce your overhead costs by avoiding the need to buy expensive equipment or hire more staff to do varying tasks.
Save Time & Efforts
We have over 40 years of experience in handling business support operations.
Outsource your non-core ancillary tasks so you have more time to focus on growing your business.
Outsource Your Business Processes To The Philippines & Reduce Labor Costs By More Than 40%
Chat with our customer support team to find the best custom
solution and start using our services without any doubts.
Outsource Your Business Processes To The Philippines & Reduce Labor Costs By More Than 40%
Our Services
We offer a wide range of BPO services for your business's needs
Are you struggling to find the right talent for your business tasks?
Are business operations costs weighing down your profit margins?
Or maybe the work quality of some operations within your business don’t meet your standards?
Whatever problems you’re facing, we have a tailored solution for every one of your needs. Click on any of the services to find out how we can help you take those burdens away while saving money at the same time.
Our Expertise
We've Helped Clients From Many Different Industries
Chat with our customer support team to find
the best custom solution and start using
our services without any doubts.
Chat with our customer support team to find the best custom
solution and start using our services without any doubts.
How It Works
Successful outsourcing in 5 easy steps
1
Planning
We create documentation & an analysis of your needs.
2
Recruitment
We find the best candidates and train your chosen ones.
3
Furnishing
We prepare a fully equipped office space.
4
Reporting
We provide on-going oversight and support.
5
Agreement
We provide you with a service level agreement.
1. Planning
We create documentation & an analysis of your needs.
2. Recruitment
We find the best candidates and train your chosen ones.
3. Furnishing
We prepare a fully equipped office space.
4. Reporting
We provide on-going oversight and support.
5. Agreement
We provide you with a service level agreement.
Find out more about how we assist you in
every step of the sign-up process.
Why Choose Us
Australian-managed offshore BPO services
By managing your projects locally while delivering them offshore, we can provide you the best of both worlds; affordable prices and the quality assurance you can expect from Australia’s leading BPO service.
Ad Hoc & On-Going Support
Whether you need a once off task or a full team supporting you each month, we’ve got you covered.
Representation
Our outsourced solutions will represent your business by matching the right team to fit your culture and brand.
Highly Experienced
Our team have experience in every industry, from sole traders to enterprise business.
Offshore Delivery
By utilising our offshore teams we can lower costs for your business and deliver greater value and savings.
Find out more about how our specialists team
could help improve your business process.
Find out more about how our specialists
team could help improve your business process.
Our Data Protection
We take precautions to safeguard your personal information against loss, theft and misuse, as well as against
unauthorized access, modification, disclosure, alteration and destruction.
We take precautions to safeguard your personal information against loss, theft and misuse, as well as against unauthorized access, modification, disclosure, alteration and destruction.
We take precautions to safeguard your personal information against loss,
theft and misuse, as well as against unauthorized access,
modification, disclosure, alteration and destruction.
We protect electronic data using a variety of security measures including password access, data back-up and firewalls. These measures also include instructing our staff who handle personal information to respect the confidentiality of the information and the privacy of individuals.
For more information, please check out the following policies pages:
The Message Centre Pty Limited
The Message Centre Pty Limited (“TMC”, “we”, “us”) and its related companies comply with this privacy policy (“Privacy Policy”) and with the Australian Privacy Act 1988 (Cth) and the New Zealand Privacy Act 2020 (“Applicable Privacy Laws”) (to the extent these apply to each TMC entity).
This Privacy Policy does not limit or exclude any of the rights under the Applicable Privacy Laws in which our website and services are available. For more information, see:
- For Australian residents, the Australian Privacy Act 1988.
- For New Zealand residents, the New Zealand Privacy Act 2020.
This Privacy Policy outlines the type of personal information we may hold, the purposes for which it is held, and how that information is collected, held, used and disclosed. Our site may provide links to third party websites. TMC is not responsible for the conduct of other companies linked to this site. You should refer to the privacy notices of any third party sites.
When we refer to “personal information” throughout this Privacy Policy, we mean personal information as defined in the Applicable Privacy Laws, namely:
- In Australia: information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not.
- In New Zealand: information about an identifiable individual.
How Personal Information Is Collected
The personal information that TMC collects could include your name, age, gender, the organisation you work for and ABN or NZBN, your physical address, postal address, telephone and fax numbers and your e-mail address. In some circumstances, a failure to provide such information could result in TMC being unable to assist you or provide its services to you. TMC primarily collects information about you when you use or request a product or service, complete a survey or questionnaire, or when you communicate with TMC by e-mail, telephone, in writing or in person. TMC also collects information about you if you are providing goods or services to TMC or, if you apply for employment at TMC, through the staff recruitment and selection process.
We will only collect information about an individual for purposes which are relevant to TMC business. For example, we may collect an individual’s name, contact information and other details relevant to our business relationship with that person. This information may be required to respect an individual’s request or provide our services. In some cases we may also be required by law to collect personal information, for example, occupational health and safety laws, laws relating to consumer credit, anti-money laundering or corporations.
In some instances if all necessary personal information is not provided, TMC may be unable to assess or process your information or provide you with the services you require.
We may also collect anonymous information regarding visitors to our TMC website. This may include Internet Protocol (IP) address, previous sites visited, internet provider location and date and time of the visit.
Sensitive Information
We may collect sensitive information, such as health information and information about personal attributes such as nationality, when it relates to the provision of a service or its evaluation. Sensitive information also includes information or an opinion relating to a person’s racial or ethnic origin, political views or memberships, religious beliefs or affiliations, membership of a professional or trade association or trade union, sexual orientation or practices and criminal record – though we would need a specific reason to request such information. TMC will only collect this information with your consent and in accordance with the Australian Privacy Act 1988 and the New Zealand Privacy Act 2020 (to the extent either are applicable).
How Personal Information Is Used
TMC uses personal information to assist it in providing services and for associated business development. TMC also uses personal information to perform its corporate and contractual obligations. Unless otherwise required by law, TMC will not use the information for any purpose other than for purposes directly related to providing our services to you and for conducting our business activities. TMC may also collect information in order to improve its service to users of this TMC website.
How Personal Information Is Disclosed
Personal information held by TMC is disclosed by TMC in accordance with the Applicable Privacy Laws . TMC will only disclose personal information to a third party where TMC has your consent, or where the disclosure is permitted or required by law. For example, TMC may disclose information as follows to:
- TMC related companies
- Clients where required for specific business purposes
- External providers, such as suppliers, consultants and agents, including organizations that provide information technology and infrastructure support services
- Tax, financial, audit and legal advisers
- Government, regulatory and law enforcement bodies
- To protect and/or enforce our legal rights and interest, including defending any claim
- For any purpose authorised by you or Applicable Privacy Laws
Personal information collected from TMC existing and prospective customers, prospective employees, contractors, and suppliers may be transmitted to and stored on databases and/or servers operated and processed by TMC, or their external service providers, outside of New Zealand or Australia. TMC takes reasonable steps to ensure that your personal information is given the same privacy protection as it is afforded in Australia or New Zealand (as the case may be).
By providing us with your personal information, you agree to this transfer, storing and processing of your personal information.
If at any time we need to send personal information outside of New Zealand and/or Australia to an overseas entity that may use the information for its own purposes, we will:
a) take steps to ensure that we believe on reasonable grounds that the overseas agency receiving the Personal Information is subject to privacy protections, that overall, provide comparable safeguards to those provided under the Applicable Privacy Laws;
b) enter into a binding contractual arrangement with the overseas agency receiving the personal information, confirming that it will protect the personal information in a way that, overall, provides comparable safeguards to those provided under Applicable Privacy Laws; or
c) obtain the express authorisation of the individual concerned to disclose their personal information overseas after expressly informing them that the overseas agency may not be required to protect the information in a way that, overall, provides comparable safeguards to those provided under Applicable Privacy Laws.
Security Of Your Personal Information
TMC takes reasonable precautions including administrative, technical and physical measures to safeguard your personal information against loss, theft, or misuse, as well as against unauthorized access, use, modification, disclosure, alteration or destruction.
We protect electronic data using a variety of security measures including password access, data back-up and firewalls.
We also train our staff who handle personal information to respect the confidentiality of the information and the privacy of individuals.
Keeping Personal Information Up To Date and Correct
TMC seeks to ensure that the personal information it holds is accurate, up-to-date, complete, relevant, and not misleading. If you inform us that the information we hold about you is inaccurate, out-of-date, incomplete, irrelevant, or misleading we will take appropriate steps to correct the information or ensure that the amendments or errors are noted.
When Personal Information Is No Longer Needed
We do not keep personal information if it is no longer needed for the purposes for which it was collected, and the law no longer requires us to retain it. We use secure methods to destroy or de-identify the information. We dispose of all hard copy documents and delete electronic information from our systems.
Access
You have the right to ask for the personal information held about you. If you make an access request, TMC will ask you to verify your identity and specify what information you require. Your request must be in writing and directed to our Privacy Officer. Our contact details are provided in the Further Information section at the end of this document.
TMC may ask the reason for your request so we can assist you most effectively. However, you are under no obligation to provide a reason if you do not wish to. TMC reserves the right to charge a fee for any significant costs incurred by us in providing access to personal information. These costs will be notified to you for your approval prior to providing access.
Although it is not our preference to deny requests for access to a person’s own personal information, TMC may refuse access in certain situations in accordance with the Applicable Privacy Laws.
How We Use Cookies
We use Google and AdRoll’s remarketing service to deliver targeted ads. These platforms may place cookies on website visitor’s browsers for targeted advertising purposes. AdRoll and Google collect website activity data and cookie identifier data. This is used to show ads on sites across the internet. We do not store any personal information about our website visitors (unless they register their details via a contact form). If you wish to opt out of receiving targeting advertising from Google or AdRoll, click here.
Privacy Breaches
TMC takes privacy breaches seriously and has procedures to help identify and resolve a breach, potential breach, or complaint as quickly as possible. This includes appropriate escalation processes to the relevant supervisory authority and notification processes in the event of a breach.
If your personal information is involved in a privacy breach which we reasonably believe is notifiable or must be reported in accordance with the Applicable Privacy Laws (“Notifiable Privacy Breach”), we will inform the affected individual(s) and report the Notifiable Privacy Breach to the relevant supervisory authorities as required by the Applicable Privacy Laws (the New Zealand Office of the Privacy Commissioner and/or the Office of the Australian Information Commissioner).
Complaints
If you believe your personal information is not properly protected, or that there has been a breach or potential breach of this Privacy Policy or the Applicable Privacy Laws, please contact TMC immediately and ask for your complaint or concern to be directed to the Privacy Officer (using the contact details provided in the Further Information section at the end of this document).
Once the Privacy Officer receives your complaint, you will be notified of the process for dealing with it. Your complaint will be thoroughly investigated and a suitable resolution negotiated with you.
If you are not satisfied with the resolution of your complaint by TMC:
- In Australia you may complain to the Office of the Australian Information Commissioner (OAIC)(http://www.privacy.gov.au/complaints).
- In New Zealand, you may complain to the Office of the Privacy Commissioner (http://www.privacy.org.nz).
Further Information
For enquiries or feedback about this policy or for complaints about TMC handling of personal information, please e-mail the Privacy Officer at privacy@tmc.net, or by post to Privacy Officer at The Message Centre Pty Ltd, 41 Northern Road, HEIDELBERG WEST Australia 3081, or Telephone 1300 728 268.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our business or the law.
We will notify you of any updates to the Privacy Policy by publishing the updated version on our website. Any revised Privacy Policy will apply from the date on which we upload it to our website.
We encourage you to periodically review the Privacy Policy on our website.
This document was last updated on 15th March 2023.
In order to provide a professional service, we have set up a few guidelines for users of our service. Our guidelines ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.
Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines will not be able to provide them with out services.
Use Of Our service
Whether directly or indirectly using our services, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time, though we’ll do our best to notify you in advance. Your continued use of our services constitutes your acceptance of any changes we make.
You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you as the account holder.
And whilst we don’t want to make a whole pile of rules, in essence if you obey the laws of the country or state in which your VPS is located we shouldn’t have any problems. However, there are certain things we will not tolerate and these need to be spelt out in plain English.
Things We Will Not Tolerate
You may not publish/host any material that is grossly offensive, including, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy.
Obscene publications* incl but not limited to Child Pornogaphry, Beastality, golden/scat (NZ), abduction/rape/snuff films.
Hacking, cracking, piracy, phreaking, phishing, scamming, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use.
Anything Tor related Eg: Tor hidden servers, exit nodes, relays, directories.
You may not store or index any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization, this includes housing a seed box for torrenting infringing content or any hosting of ROMs or Emulators.
IRC clients are OK. If you attract attention to yourself by spamming or getting DDoS’d your service will be terminated immediately. If we find that your VPS server is being used to direct/control any botnet, malicious content or traffic it will also be terminated immediately.
You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you as the account holder.
Denial Of Service
Any activity to implement or assist in the implementation of denial of service attack. The Message Centre absolutely prohibits the use of Services for the origination, propagation or control of denial of service attacks (“DoS”) or distributed denial of service attacks (“DDoS”). Customers may not utilize the Services to perform DoS or DDoS mitigation activities (such as service proxying or data scrubbing) which may result in attracting inbound denial of service attacks toward the Services. Any relation to DoS or DDoS type activity is a direct violation of The Message Centre’s AUP.
Server Abuse
Any attempts to undermine or cause harm to a The Message Centre server or subscriber of The Message Centre is strictly prohibited including, but not limited to:
Logging into a server or account that you are not authorized to access.
Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner.
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the The Message Centre’s systems.
Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.
Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access.
Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding”, “mail bombing”, or “crashing” any computer system.
You agree that we may quarantine or delete any data stored on the The Message Centre network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other customers’ data that is stored on the network
Email Usage Policies
The Message Centre does not support unsolicited email messages sent by users of our system ( also known as junk email or spam ). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by The Message Centre and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.
Fraudulent Activities
The Message Centre prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and The Message Centre’s AUP.
Violation Of Intellectual Property Rights
Violation of Intellectual Property Rights: The Services and/or Third Party Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, retransmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of The Message Centre or any other party, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Distribution Of Malware
The Message Centre prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by The Message Centre on a case by case basis. Example: Security company using the Services to analyze the latest root kit for new security analysis/software.
Phishing
The Message Centre strictly prohibits any activity associated with phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal or suspension of Customer’s account.
Vulnerability Monitoring And Testing
You may not attempt to probe, scan, penetrate or test the vulnerability of a The Message Centre system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without The Message Centre’s express written consent.
Bulk Mail
You may not use any The Message Centre Service to send Bulk Mail. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the The Message Centre system is not considered Bulk Mail.
Unsolicited Mail
You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. This prohibition includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. The falsifying of packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin or knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the Customer mails or sends. Any such email shall comply with all laws and regulations, including without limitation, The Unsolicated Electronic Messages Act 2007 (the UEM SPAM Act).
Message Source
You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.
Email Abuse Complaints
Complaints from email recipients and third-party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide reasonable evidence to the contrary. The Message Centre shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.
Blacklisting/Retaliation
The Message Centre may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or The Message Centre is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.
UseNet SPAM
The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of The Message Centre’s AUP. This includes UseNet services located within the The Message Centre network or unrelated third party networks.
Illegal Activities
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.
Further Terms Of Service
In no event will The Message Centre be liable for any losses or damages arising out of the use of or inability to use The Message Centre’s services or any content thereon. We take no liability in case of data loss, users should always keep their own backups of important data. We do offer a very cost effective backup service that we encourage all our clients to subscribe to as this adds extra data retention in any event of a node or data loss.
A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer’s favor will receive account credit for overpayment.
If any chargebacks occur on your account we reserve the right to suspend your service without notice and will terminate your service and recycle your server(s) if contact and payment not made within 3 days.
Right To Refuse Service
The Message Centre reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. The Message Centre is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.
1. The Anti-Spam Policy applies to Services involving electronic messaging provided by directly by The Message Centre or indirectly through the Customer’s use of Software provided for use by The Message Centre. By using our Services Customers agree to comply with our Anti-Spam Policy. In the context of electronic messaging, “spam” means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. We have a zero-tolerance spam policy.
2. A Customer must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
3. A Customer warrants through use of the Services that, in relation to any electronic message sent, the intended recipient has given the express or clearly implied permission to receive an electronic message including one containing the subject matter of the electronic message being sent.
4. A Customer agrees and warrants through use of the Services that they have taken all reasonable steps to obtain the express permission of the intended recipient and have their consent to receive an electronic message including one containing the subject matter of the electronic message being sent.
5. The Message Centre’s messaging systems automatically scan all outgoing and incoming email messages, and will alert The Message Centre if a Customer’s lists appear to be spam.
6. The Message Centre reserves the right, exercisable at its sole discretion, to inactivate a Customer’s electronic account/s or terminate the Service Agreement (and hence the Services) without any refund to the Customer if the Customer continues to use lists that have been advised as constituting spam, or regularly sends spam using the Services. The Message Centre also reserves the right to take legal action against a Customer whose spam directly or indirectly interferes, interrupts or frustrates with the services provided by The Message Centre to other customer’s services.
7. The Message Centre reviews all imported email lists that are deemed to be large by The Message Centre and shall refuse or revoke permission for a Customer to use those lists at its absolute discretion.
8. The Message Centre may also report incoming email as spam. The Message Centre reserves the right, exercisable at its sole discretion to blacklist a Customer’s IP addresses and domain names,
9. The Message Centre reserves the right to inactivate the Customer’s electronic account/s or terminate the Service Agreement (and hence the Services) if the complaint rate for a Customer’s electronic messaging is greater than the average rate of complaint for all customers of The Message Centre.
10. A Customer agrees and acknowledges through use of the Services that no message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by The Message Centre’s systems.
11. The Message Centre does not guarantee or warrant that all electronic messages sent or received through the Services or Software will be received by the intended recipient, and accepts no responsibility for the non-receipt of the electronic message by the intended recipient. If a Customer believes that a legitimate message it has sent has been filtered out by the The Message Centre’s systems, please advise the message recipient by another means.
12. A Customer must take all reasonable steps to reduce the risk of a message being caught by the spam filters by implementing (without limitation) the following:
(a) sending the message in plain text (instead of, or in addition to, HTML);
(b) removing any message attachments;
(c) avoiding the terminology and text styling typically used by spammers; and/or
(d) ensuring a Customer’s messages are scanned for malware before dispatch.
13. A Customer must include the following in any electronic messaging sent using the Services provided by The Message Centre:
(a) An opt-out mechanism that instantly removes the subscriber from a Customer’s list, and ensures that they do not receive another electronic message again. The mechanism must remain functional for at least 30 days after the original message was sent, must allow the unsubscribe message to be sent to whoever authorised the sending of the message, not necessarily any third party that sent it on their behalf, must be presented in a clear and conspicuous way, and be at low cost, or no cost, to the user.
(b) The name and telephone contact details of the Customer, sender or a Customer’s Customer (whichever is applicable).
14. In the unlikely event that a Customer receives any message from The Message Centre or sent using its systems that may be considered to be spam, please contact The Message Centre. The Message Centre will be investigate the matter.
Bandwidth Fair Usage Policies
The Message Centre provides unmetered data on VPS, Cloud Servers, Shared/Reseller Hosting, Colocation and Dedicated Server packages which offer generous fair use data transfer. Data transfer covers bandwidth usage Nationally (Australia) per month unless otherwise stated as is the case with our Colocation and Dedicated Server plans where this bandwidth policy extends to International data. This bandwidth for Colocation and Dedicated Server plans provides customers with up to 50GB of International data transfer per month as they wish to use without any additional charge.
Customers may use this data for any purpose other than those unacceptable as stated in our Acceptable Use Policy. Customers will receive a notice warning upon reaching 80% of their International allowance. Usage beyond this limit will incur a charge of $5.00 AUD per 1GB of International data transferred (pro-rated to usage). Your server will be limited to 128kb/s for both National and International traffic. Please contact our Support Desk should you wish to purchase an additional data pack.
Should The Message Centre deem a customer’s account as exceeding fair use bandwidth consumption which causes interference with other users, we will notify the customer and allow the customer to remedy the problem. However, should a customers’ bandwidth usage be significantly greater than fair use, The Message Centre reserves the right to suspend or throttle the customers account where appropriate.
General Fair Usage Policies
The Message Centre will not be responsible for any damages your business may suffer. The Message Centre makes no warranties of any kind, expressed or implied for services we provide. The Message Centre disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by The Message Centre and its employees.
If, in our reasonable opinion, you have breached this FUP, we will contact you by email to let you know that your usage is excessive and is affecting The Message Centre services/systems and/or other users. We reserve the right to impose reasonable limits to reduce your usage and/or pair you with other users utilizing the same or nearly the same amount of usage.
The Message Centre have the right to change any term from time to time without prior notice.
1. Agreement terms
1.1 The following terms and conditions together with the particulars and terms agreed to by the Customer during the registration process (Particulars) will form the Agreement under which The Message Centre will provide Services (as defined below) to the Customer. In the event of any inconsistency between these terms and conditions and the terms of the Particulars, the terms of the Particulars will prevail to the extent of the inconsistency.
2. Operation of Agreement
2.1 This Agreement shall commence on the Commencement Date specified in the Particulars or when the Customer begins to use the Services, whichever is earlier.
2.2 Details of the Minimum Term and any Renewal Term (including automatic renewal periods) are as set out in the Particulars.
2.3 This Agreement shall continue for the Minimum Term specified in the Particulars, and renew in the manner as set out in the Particulars. Where engagement terms are not set out in the Particulars, then following expiry of the Minimum Term, to avoid interruption to the Services, this Agreement will automatically renew on a month-to-month basis, unless either party provides written notice to the other party at least 90 days’ prior to the expiry of the Minimum Term. Termination notice given prior to the expiry of the Minimum Term will take effect at the later of the expiry of the Minimum Term or the expiry of the 90 days’ notice. Either party may terminate month-to-month contracts without cause on giving thirty (30) days’ written notice, or as otherwise permitted under this Agreement.
3. Services
3.1 The scope of the services to be used by the Customer are as set out in the Particulars, and are referred to as the “Services” for the purposes of this Agreement.
3.2 In the event the Customer requires The Message Centre to undertake additional services outside of scope, the Customer must notify The Message Centre and The Message Centre may in its discretion either accept or reject such request. Additional fees may be payable.
4. Variations and Amendments
4.1 The Message Centre may modify or vary the terms of this Agreement and may discontinue, amend, revise or alter any of the Services at its sole discretion, including by posting updated versions of the Agreement on The Message Centre website, or other associated websites or materials. Such changes will only take effect and apply to the Customer upon the later of:
(a) 90 days following the date that you are notified of the changes; and
(b) the expiry of the Minimum Term.
4.2 The Customer may, within 30 days of the changes becoming effective, or 30 days of receiving notice of the changes from The Message Centre (whichever is later) terminate this Agreement by 30 days' notice in writing to The Message Centre provided that:
(a) the changes are substantial and have a material adverse impact on the Customer’s business; and
(b) the Customer has raised concerns they have about the changes with The Message Centre and engaged in good faith negotiations to agree upon a remedy to their concerns.
5. Payment and Fees
5.1 In consideration of The Message Centre providing the Services, the Customer agrees to pay the fees for each of the Services (“Fees”) in the manner and in the amount as set out in the Particulars.
5.2 If the Customer elects to pay using automatic direct debit:
(a) the Customer hereby authorizes The Message Centre to deduct any fixed fees from the nominated account in advance of provision of the Services and further deduct any funds payable on a usage basis whenever the Customer use the Services; and
(b) the Customer must ensure that sufficient funds are available in the nominated account to meet a drawing on its due date. Should a drawing be returned unpaid by the Customer’s financial institution or credit card issuer then a Declined Payment Fee (determined based on the cost to The Message Centre + 10%) will be applied to the Customer’s account with The Message Centre from which the drawing was to be applied.
5.3 Fees are payable in AUD.
5.4 To the extent permitted by law, all fees paid to The Message Centre for the Services are non- refundable. For the avoidance of doubt, if The Message Centre terminates this Agreement because the Customer breaches this Agreement or any applicable laws, or if the Customer terminates this Agreement without cause, no refund will be issued even if the Customer has unused and prepaid Fees under this Agreement.
5.5 All fees are subject to change at any time.
5.6 The Fees will be subject to an increase on 1 July each year of the greater of:
(a) 3%; and
(b) the Consumer Price Index.
6. Authorised Use
6.1 The Customer represents, covenants, and warrants that they will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).
6.2 The Customer hereby agrees to indemnify and hold The Message Centre harmless against any damages, losses, liabilities, settlements, and expenses (including without limitation legal costs on a full indemnity basis) in connection with any claim or action that arises from an alleged breach by the Customer of the Anti-Spam, Privacy Policy or any other policy or guideline binding on the Customer by reason of this Agreement or otherwise arising from or relating to the Customer’s use of the Services.
6.3 The Customer acknowledges that all personal information that the Customer provides to The Message Centre has been collected with the relevant individual’s consent such that The Message Centre may store the personal information that the Customer provides to The Message Centre on servers located at the premises of and/or operated by third parties and the Customer warrant that The Message Centre has obtained the consent of the relevant individuals to the storage and transmission of their personal information in this manner.
7. Intellectual Property Rights
7.1 This is an Agreement for the Services, and the Customer is not granted a licence to any Software under this Agreement.
8. Prohibited Conduct
8.1 The Customer will not, directly or indirectly, copy, replicate or reproduce any aspect of the Services or Software. The Customer agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to discover any Software used as part of the Services, remove any proprietary notices or labels from the Services or any Software, reproduce or copy the Software or the Services or any part thereof, modify, translate, or create derivative works based on the Services or any Software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
8.2 Landing Points (DDI’s) may be supplied by The Message Centre to the Customer to enable diversion of their Business Number(s) to The Message Centre’s service. The Landing Point (DDI’s) is not transferable. Under no circumstance should a The Message Centre Landing Point (DDI’s) be used as a public facing number. The Message Centre will not approve any requests made for porting out of these numbers. Any costs incurred for rejecting a porting request (at the discretion of The Message Centre) will be charged to the Customer.
9. Authorisations
9.1 In using the varied features of the Services, the Customer may provide information (such as name, contact information, or other registration information) to The Message Centre. The Message Centre may use this information and any technical information about the Customer‘s use of the Services to tailor its Service to the Customer, facilitate the Customer’s movement through the Services, or to communicate separately with the Customer.
10. Reselling and Subcontracting the Services
10.1 Reselling and sub-contracting of the Services to third parties is permitted subject to the terms in this clause, and agreement with The Message Centre.
10.2 Access to, and use of, the Services by a third party granted access by the Customer by resale or sub-contracting (“Your Customer”):
(a) does not in any way diminish the Customer’s obligations to ensure compliance with the terms of this Agreement; and
(b) does not in any way diminish The Message Centre’s right to enforce the terms of this Agreement, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.
11. Confidential Information
11.1 The parties undertake that they and their respective personnel will not, without the prior written consent of the other party:
(a) disclose the Confidential Information of the other party to any person; or
(b) use the Confidential Information of the other party for their own or a third party's benefit.
11.2 Each party must take all reasonable steps to ensure that the Confidential Information of the other party is only disclosed to such of its personnel as require that information in order to enable the performance of this agreement.
11.3 In the event that either party is requested or becomes legally compelled to disclose any of the other party's Confidential Information, that party will (subject to any regulatory restrictions) provide the other party with prompt notice so that the other party may seek such protective order or other appropriate remedy as it thinks appropriate.
12. Restraint
12.1 During the Restraint Period, the Customer agrees not to, without the prior written consent of The Message Centre, either directly or indirectly (including through a related entity as defined in the Corporations Act 2001 (Cth)):
(a) canvass, solicit, approach or accept any approach from, or deal in any way with a client or potential client, customer, supplier, referrer, employee, agent, officer, contractor or business partner of The Message Centre; or
(b) entice or solicit, or assist another person to entice or solicit, an employee, contractor, officer, agent or supplier of the other party (being a person with whom they have had dealings during the 24 month period prior to the event giving rise to this clause), to cease to provide services to The Message Centre;
(c) interfere with any relationship between the other party and a client, potential client, customer, referrer, business partner, employee, contractor, officer, agent or supplier of The Message Centre; or
(d) engage in any combination of the above.
12.2 In this clause "Restraint Period" means during the Term and for a period of:
(a) one year; or, if that duration is held to be invalid or unenforceable for such period by a court of competent jurisdiction, then
(b) six months; or, if that duration is held to be invalid or unenforceable for such period by a court of competent jurisdiction, then
(c) three months,
after this Agreement is terminated
12.3 The Customer acknowledges and agrees that:
(a) this clause is no wider than reasonably necessary to protect the interests of each party;
(b) in the event of breach or threatened breach of this clause, the non-breaching party may obtain an injunction against the breaching party, without the need to show any loss or damage.
12.4 If the Customer breaches clause 12.1 with respect to a The Message Centre employee, agent officer, or contractor (Restricted Party) (including if a Customer’s Related Body Corporate engages in any act in breach of clause 12.1), then the Customer agrees to pay The Message Centre an amount equal to three months of the annual remuneration/fees (including superannuation and benefits such as commissions) paid by The Message Centre to the relevant Restricted Party)during the previous 12 months prior to the breach (or if the Restricted Party had not been engaged for 12 months, then the amount that would have been paid had they been engaged for 12 months determined by annualising the amount that they were paid) (Recruitment Fee). This is a genuine pre-estimate of The Message Centre’s loss and damage in the event of breach.
12.5 The Customer will be invoiced for the Recruitment Fee and the Recruitment Fee is payable by it within 14 days of the date of the invoice.
12.6 This clause survives termination.
13. Termination and Suspension
13.1 If the Agreement is for a specified Minimum Term, the Customer may only terminate this Agreement without cause during the Minimum Term by paying a break fee. The break fee will be equal to the balance of the Fees due for the remainder of the Minimum Term (calculated pro rate for any part month) (Break Fee). The Customer will also be liable to pay a Break Fee where The Message Centre terminates this Agreement during the Minimum Term under clause 13.2. Where the Customer terminates during the Minimum Term under clause 13.2. then no Break Fee is payable. Where a Break Fee is applicable, The Message Centre may invoice the Customer for the Break Fee and such invoice shall be due and payable immediately on demand.
13.2 Either party may terminate this Agreement, immediately, at any time upon giving the other party written notice if:
(a) the other party breaches a term of this Agreement and fails to rectify the breach upon being given 14 days’ written notice to do so or the breach is not able to be rectified; and/or
(b) the other party suffers an insolvency event.
13.3 The Message Centre may delete any of the Customer’s archived data within 30 days after the date of termination. Any statutory retention requirements with respect to the Customer’s business records or information remain the Customer’s responsibility.
13.4 On termination of this Agreement, the Customer must immediately pay to The Message Centre all Fees for the Services completed and any other amounts still owing by the Customer to The Message Centre as at the date of termination of this Agreement.
14. Warranties, Disclaimers and Remedies
14.1 To the maximum extent permitted by law, The Message Centre does not warrant that the Services will be uninterrupted, accurate or error free, nor warrant the results that may be obtained from use of the Services. The Services are provided on an “as is” basis and to the extent permitted by law The Message Centre disclaims all warranties, express or implied, in relation to the Services including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.
15. Limitation of Liability
15.1 To the maximum extent permitted by law and subject to the other terms of this clause, under no circumstances shall each party be liable to the other party for any loss or damage (including but not limited to direct, indirect, exemplary, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits or business opportunities), arising directly or indirectly from the provision or use of the Services.
15.2 Each party agrees that the other party’s liability to them at law will be reduced by the extent, if any, to which that party contributed to the loss.
15.3 Subject to the other terms of this clause, each party’s maximum aggregate liability to the other party for any loss arising out of or in connection with this Agreement, including any breach, however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual fees paid by the Customer to The Message Centre under this Agreement.
15.4 If The Message Centre is liable to the Customer in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) that cannot be excluded, The Message Centre's total liability to the Customer for that failure is limited to, at the option of The Message Centre, the resupply of the Services or the payment of the cost of resupply.
15.5 The Customer agrees to indemnify The Message Centre for any losses that The Message Centre may suffer as a result of any claims made against it arising from any act or omission by the Customer or its staff, agents, customers or suppliers, or any breach of this Agreement by the Customer.
16. Privacy
16.1 The Customer shall comply with the Privacy Policy of The Message Centre as amended from time to time. The Privacy Policy is located on The Message Centre website.
17. Guarantee
17.1 In this clause, the “Guarantor” means the person or persons who are set out in the Particulars and agreed to personally guaranteed payment of the Guaranteed Money. “Guaranteed Money” means any monies that at any time for any reason or circumstance in connection with this Agreement are payable by the Customer.
17.2 The Guarantor (and where there is more than one Guarantor, the Guarantors, jointly and severally, as a principal obligor and not merely as surety) unconditionally and irrevocably guarantees payment to The Message Centre of the Guaranteed Money.
17.3 If any Guaranteed Money is not paid within the agreed terms, the Guarantors agrees to pay the Guaranteed Money to The Message Centre.
17.4 This Guarantee under this clause is a continuing obligation and extends to all the Guaranteed Money. The Guarantor/s must pay The Message Centre for the reasonable costs of The Message Centre enforcing or attempting to enforce or taking any other action in connection with this Guarantee.
17.5 The liability of the Guarantor under the guarantee in this clause will not be reduced, discharged or otherwise adversely affected by:
(a) any act, omission, matter or thing which would have discharged or affected the liability of the Guarantor had it been a principal obligor instead of a guarantor or indemnifier; or
(b) anything done or omitted by any person which, but for this provision, might operate or exonerate or discharge the Guarantor or otherwise reduce or extinguish its liability under the guarantee in this clause
17.6 The Message Centre’s rights and remedies under this Guarantee are in addition to any other rights and remedies provided by law independently of this Guarantee.
18. Miscellaneous
18.1 Unenforceable or invalid clauses – If any clause, sub-clause or part thereof in the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
18.2 Entire agreement – The Message Centre and the Customer agree that this Agreement (including the Particulars) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.
18.3 Waivers – The Message Centre and the Customer agree that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
18.4 No other relationships – No agency, partnership, joint venture, or employment is created as a result of the Agreement, and the Customer do not have any authority of any kind to bind The Message Centre in any respect whatsoever.
18.5 Cost recovery – In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
18.6 Governing laws – The Agreement shall be governed by the laws of the State of Victoria, Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Melbourne, Victoria, Australia.
18.7 Force Majeure – The Message Centre will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond The Message Centre’s reasonable control.
18.8 Rights not expressly granted – All rights not expressly granted are reserved.
18.9 Survival – All clauses of this Agreement which by their nature should survive termination will survive termination, including, without limitation warranties (clause 14), disclaimers and limitations of liability (clause 15).
19. Definitions
19.1 For the purposes of this Agreement:
(a) "Agreement” means this agreement and the Particulars.
(b) "Confidential Information” means information about or provided by a party to the other party that is by its nature confidential information, is designated by the owning party as confidential, or the other party knows or ought to know is confidential, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.
(c) “Customer” or “The Customer” means the person (including a corporation, partnership, trust or any other form of legal entity whatsoever) specified in, and the details of which are provided to, The Message Centre as part of the Particulars.
(d) “Related Bodies Corporate” has the meaning in the Corporations Act 2001 (Cth).
(e) “Software” means source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services.
(f) “Term” the term of this Agreement.
(g) “The Message Centre” means The Message Centre Pty Ltd (ACN 132 414 656).
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