Unless agreed in writing by way of a Managed Service Agreement, clients will be bound to the following terms:

1.0 General

Vivant is governed by the laws of New South Wales, and relevant Australian Federal laws pertaining to business practices. Vivant may amend client contracts at any time and reserves the right to remove all or part of a message, or any material prepared for transmission should the message contain;

1.1 Sexual references and/or racial discrimination or false and misleading information.
1.2 If Vivant receive a request to do so from any government department, and;
1.3 At the discretion of Vivant if material for transmission is considered unsuitable.

2.0 Contract Termination

Vivant at its discretion may suspend or terminate services or add to and change some or all Services at any time. Vivant has no obligation or liability to the client should this occur.

3.0 Spam

The Australian Government Information Management Office (AGIMO) is responsible for controlling the delivery of spam. Information can be obtained from AGIMO www.agmio.gov.au. For further information regarding SPAM and communications, see; ACMA www.acma.gov.au. Alternatively, non-government bodies such as ADMA, www.adma.com.au can offer valuable direct marketing information in line with the guidelines of the SPAM Act 2003.

4.0 Service Expectation

The client agrees not to forward material; that is inaccurate, false or misleading, or obscene; that does not infringe any trademark ,third party copyright or other proprietary; that does not violate any law, regulation, unfair competition, and anti-discrimination laws.

5.0 Fees, Taxes & Charges

Using Vivant services is subject to Fees & Credit Policies and is a condition for using any of those Services. The client is responsible for paying any applicable taxes (including any goods and service taxes, which will be added to amounts billed.) Fee and Charges are subject to change governed by economic factors.

6.0 Liability

Vivant  the company and Vivant suppliers will not be liable for any lost profits or any special, incidental or consequential damages.

7.0 Service

Vivant do not guarantee continuous, uninterrupted to services, due to use of third party operating platforms which may experience delivery issues on occasion. These are factors outside the control of Vivant of which Vivant will not be subject to liability.

8.0 Breach

Vivant may issue a warning, temporarily suspend, or terminate the client contract and refuse to provide services if there is a breach of contract.

9.0 Indemnity

The client or recipient of services agrees to indemnify and hold Vivant  and its subsidiaries, affiliates, suppliers, directors and employees, harmless from any claim or demand, including solicitors' fees, made by any third party in connection with a breach of contract.