Terms and Conditions
The following terms shall have the following meanings:
1.1 Community Standards means such standards of conduct as described on this web site as being community standards which Suna Communications may amend from time to time.
1.2 Suna Communications means Suna Communications Pty Ltd (ABN 19 606 428 237)
1.4 us, our & we means reference to Suna Communications
2. Terms and Conditions
2.1 By joining, you will be subscribed to the Suna Communications service, and in doing so, you agree to all the terms and conditions of use as outlined below.
2.2 The latest Terms and Conditions will be clearly posted on our site, and will be available for review at any time.
2.3 These Terms of Service set forth the entire understanding and agreement between us related to the use of the Suna Communications website.
2.4 The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
3. Our Service
3.1 iRealty, iMessage, MailManager and iUpload have been designed as powerful email based communication tools / Bulk Property upload tool - primarily designed for real estate agencies and other companies to communicate with their customers.
3.2 Suna Communications is a strongly community oriented, ethical organisation, and operates by a strict code of conduct. While we defend people's rights to freedom of speech, we operate with strong guiding principles of integrity, respect and fairness, and we expect all Suna Communications members to abide by similar principles. As a Suna Communications user, you agree to comply with all Suna Communications Community Standards.
3.3 These Terms and Conditions may be amended by us from time to time in our sole discretion without specific advice to you. You should thoroughly familiarize yourself with the Terms and Conditions of Use prior to using the site.
3.4 Suna Communications offers you access to create eMailouts and provides you with access to a collection of on-line resources, including design styles and colours, name generators, content development tools and hosting services (the "Service").
3.5 We offer you access to the Suna Communications website and database in exchange for your strict compliance with the terms, conditions, and notices stated here and as may be modified by us from time-to-time in our sole and absolute discretion without notice to you.
3.6 Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms and Conditions of Use.
4. Payment Terms
4.1 Upon registering for any Suna account you will be invoiced monthly on the first of the month. If you sign up during any month, your first invoice will be pro-rated.
4.2 Set up fees are non-refundable.
4.3 All invoices will be due in 14 days. Failure to pay an invoice will result in termination of your account.
4.4 If your account is terminated by us because you have breached these terms and conditions, you will not be entitled to a refund.
5. Using the Suna Communications website
5.1 You agree that you will not use the Suna Communications website and tools, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions.
5.2 You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame in another web page, create derivative other works from, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Suna Communications site or from Suna Communications activities.
5.3 You shall not use the Suna Communications website in any manner which could damage, disable, overburden, or negatively impact on the Suna Communication's brand or activities, or interfere with any other party's use and enjoyment of the Suna Communications website.
5.4 You may not use any of the visual or written images, graphics, icons, logos or brands used within the Suna Communications website or in any Suna Communications template, except in the manner in which it was intended.
5.5 Images supplied through the Suna Communications system are provided under license. Copyright with all images supplied in this manner rests with their owners, and can only be used in the manner in which they have been supplied. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Suna Communications website.
5.6 Except with the express written permission of Suna Communications, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Suna Communications website. Any unauthorized person/s attempting to access prohibited areas of the Suna Communications site may be subject to prosecution, and if so, will be pursued to the full extent of the law.
5.7 You agree and promise not to resell or exploit for any commercial purpose any of Suna Communications' services or software without the express written permission of Suna Communications.
6. Member Conduct
6.1 As a Suna Communications member, you are entirely responsible for all Member Content posted through the Suna Communications website, including and not limited to: information, photographs, data, text, music, sound, software, graphics, streaming video or other materials posted via the Service. Suna Communications has no involvement or control over the posting of Member Content via the Service and as such, does not verify or guarantee the quality, accuracy or integrity of such content. Suna Communications does not endorse any organisation who uses the Suna Communications website, and makes no representation or warranty of their professionalism, integrity, viability or legitimacy as a reputable organisation.
6.2 With regard to the content of your eMailouts, you agree not to post, upload or otherwise distribute any content (so defined by the following subclauses, to be referred to as "Offending Content"):
6.2.1 that is unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar or libelous;
6.2.2 that is misleading, deceptive and / or not representative of the truth, and / or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity;
6.2.3 that relates to inappropriate subject matters or contravenes the spirit with which Suna Communications conducts its business;
6.2.4 that is hateful, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
6.2.5 that is harmful to minors;
6.2.6 you do not have a right to post and transmit under any law or any contractual relationship/s;
6.2.7 involves personal or confidential data about any other individual or organisation;
6.2.8 Infringes of any patent, trademark, proprietary secret, copyright or any other proprietary right/s of any party;
6.2.9 Contain software viruses or any other invasive computer code, programs, or files designed to interfere with, destroy or impact negatively on the functionality of any computer hardware or software, or any telecommunications equipment;
6.2.10 Which imposes an unreasonable burden on our infrastructure;
6.2.11 Intentionally or unintentionally violates any relevant and applicable local, state, national or international law;
6.2.12 Communicates erroneous, forged or disguised identifiers; or
6.2.13 Promotes violence, harm or provides instructional or affirmative information about illegal activities or pastimes.
6.3 We reserve the right to terminate service to any member who includes Offending Content in any eMailout. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with Suna Communications.
7.1 In order for you to participate in the Service and distribute your eMailouts, Suna Communications requires that you:
7.1.1 to pay Suna Communications the value of the service as stated in the Pricing options; and
7.1.2 provide specific information about yourself.
7.2 If you choose to participate in such services and build your own eMailouts (i.e. become a Member), you agree to provide true, complete and accurate information ("Member Data") and to refrain from falsely representing your affiliation with any person or entity.
8. Spam and unsolicited emails
8.1 The Suna Communications website is a spam free zone. As our online service facilitates the broadcast of email newsletters, Suna Communications has very clear guidelines and is very sensitive to issues regarding unwanted emails and SPAM. While we encourage you to publicize your activities using the Suna Communications service/s, you are expressly prohibited from sending unsolicited emails to email recipients (spamming), except under very clear guidelines. We actively work with all Suna Communications members to make sure they understand and abide by common principals of email protocol and "opt-in" policy - giving recipients the freedom to decide whether they would like to receive the materials being sent.
8.2 All Suna Communications eMailouts are distributed with embedded subscribe / unsubscribe functionality. These tools help reinforce our 'opt-in' marketing policies and philosophy.
8.3 Newsletters are a powerful educational tool, and are very effective in helping build rich, long term relationships with customers / members. eMailouts can also serve a valuable role in prospecting, lead generation and more traditional direct marketing of products and services. In these cases, Suna Communications works closely with members to ensure they comply with our policies. In all such cases, such activities must be conducted using valid "opt-in" lists sourced from reputable providers. In any instance where any eMailout is sent to a third party without their specific request, the person or organisation responsible for the origination of the contact must be clearly identified to us and to the recipients of the newsletter.
8.4 Despite all of our integrated systems, and our best efforts to eliminate potential issues, there remains the possibility that a Suna Communications customer may send emails to a person/s who consider the email as undesirable solicitation or unwanted communications. This may be due to a misunderstanding between our customer and the recipient, or an abuse of our email policies. Initially, we ask email recipients to first consider if they are indeed part of the "opt-in" email list that the publisher identified in the email has used. If this is not the case, we ask that the recipient report any potential breach of our systems to email@example.com.
8.5 If we are made aware that the Suna Communications website has been used in any activities involving spamming activities or processes, or inappropriately dealing with databases and contact lists, we reserve the right to remove the account from our servers. In the event of a termination of membership for improper use, there will be no refund of any credit accrued by the user with Suna Communications.
9.1 Suna Communications is committed to maintaining your privacy and protecting your rights as a client. Following is a disclosure of our standard practice regarding information we collect and hold on behalf of our clients.
9.2 Suna Communications collects information from clients including, but not limited to, some or all of the following, depending on the nature of their usage of our service: contact information, user preferences, email address lists, articles, graphical images, logos, icons, survey responses, letters and emails, and usage statistics. Clients enter their data using our servers, database and newsletter creation tools. This information is owned by our clients and is not accessible to our partners or other clients unless permission is granted by the client.
9.3 Some financial information may also be collected for the purpose of billing the client for services purchased. We use contact and billing information from time to time to contact our clients using both standard mail and email to ensure smooth and efficient delivery of our service and to alert them of new products and services. All information collected is processed and stored in secure and confidential manner on behalf of our clients, and is only accessible to the client through a sophisticated password structure, so that only the client has access to his/her personal information. Although we make every effort to ensure security of client information, no data transmission can be guaranteed to be 100% secure over the Internet.
9.4 If you have any questions about this privacy statement, you can email us at firstname.lastname@example.org at any time.
10. eMailout storage and usage
10.1 As a Suna Communications member, you are allowed a disk space limit as specified in our Pricing Options. You acknowledge that from time to time, Suna Communications may review operating practices and redefine boundaries concerning the use of the Service. You agree that Suna Communications Pty Ltd has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that Suna Communications reserves the right to change its practices and and storage policies and limits at any time, in its sole discretion, with or without notice.
11. Enhancements and modifications
11.1 Suna Communications Pty Ltd reserves the right at anytime and from time to time to enhance, modify, discontinue, or to temporarily or permanently interrupt the Service (or any part thereof) with or without notice. You agree that Suna Communications shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Suna Communications shall have the right (but not the obligation) in its sole discretion to refuse or remove any content posted to a Member's Suna Communications eMailout.
12. Third Party Content
12.1 For your convenience, the Suna Communications website may contain content and information from Suna Communications' partners and/or links to partner websites ("Third Party Content"). Such content is not under the control of Suna Communications Pty Ltd and therefore we are not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Suna Communications is providing such Third Party Content to you only as a convenience, and no endorsement of content or any affiliate is implied by our provision of third party content. Such third party content, services, software or sites may necessitate additional and/or different terms, conditions, and privacy policies for its use.
12.2 Any relationship between you and any third party provider is negotiated individually, and does not involve us. We cannot and will not be responsible for:
12.2.1 the terms and conditions of any transaction between you and any third party;
12.2.2 any insufficiency of or problems with any such third party or
12.2.3 the quality of services performed by any such third party.
12.3 In the event that you have a dispute with any such third party, you release us (and our affiliates, agents and employees) from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13.1 As a user of the Suna Communications Service, you accept and understand that:
13.1.1 Your use of the service is at your sole and exclusive risk. We and our suppliers provide our service, all infrastructure and your eMailouts "as is" and without any warranty or condition of any kind, express or implied, including, but not limited to, the implied warranty of saleability and / or fitness for any particular use.
13.1.2 Suna Communications Pty Ltd makes no representation or warranty that the service
188.8.131.52 is suitable to meet your requirements or expectations;
184.108.40.206 will be timely, uninterrupted, secure, virus or error-free; or
220.127.116.11 that defects in the Application, Service or related documentation will be corrected.
13.1.3 any materials or resources downloaded or otherwise obtained through the use of the service, or any Suna Communications eMailout is undertaken entirely at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Suna Communications Pty Ltd cannot be held responsible from any damage, loss or interruption as a result of your involvement with the Suna Communications website.
13.1.4 In no event shall Suna Communications Pty Ltd and/or our suppliers or agents be liable for any direct, indirect, punitive, special, incidental or consequential claim, or any damages whatsoever, including, but not limited to, damages for loss of use, data or profits (however arising, including negligence). Some regions do not allow this limitation of liability, so the foregoing limitation may not apply to you. If you are dissatisfied with any portion of the Suna Communications site or Service, or with any of these Terms and Conditions of Use, your immediate and comprehensive solution is to discontinue using the Suna Communications Service.
13.1.5 You agree to indemnify us and hold our suppliers, agents, affiliates, partners, subsidiaries, and employees harmless from any and all claims and demands, (including, but not limited to, legal fees on a full indemnity basis), made by any third party due to or arising out of any information posted, submitted, or otherwise distributed by either us, any member or any employee, partner, supplier, subsidiary, agent or affiliate or arising from your non observance or breach of any of these terms and conditions or of community standards.
14. Licensing rights
14.1 By becoming our client and using our service, you grant us a global, royalty-free non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through our sites, or through any Suna Communications eMailout, and any mirrored or co-branded versions of such sites. You also agree to allow your eMailouts to be used in any Suna Communications' promotional or advertising activities.
15. Copyright and trademarks
15.1 All processes, content, resources and materials on the Suna Communications website (as well as the organisation and layout of the Suna Communications website) are owned and copyrighted or licensed by us, our affiliates or our suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Suna Communications website is permitted without the written permission of us. Any rights not expressly granted herein are reserved.
15.2 Suna Communications Pty Ltd, sunacommunications.com, irealty.com.au, the iRealty logo, the Suna Communications logo, and other logos and product and service names are trademarks of Suna Communications Pty Ltd. Without Suna Communications Pty Ltds prior permission, you agree not to display or use in any manner any property or marks related to Suna Communications.
16. Changes to these Terms
16.1 We reserve the right to change these Terms and Conditions at anytime, effective upon making the modified provisions available on the Suna Communications (sunacommunications.com) web site. Continued use of Suna Communications services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this policy unless explicitly stated within an individual clause.
17. Security Policy
17.1 We accept payments over 128-bit SSL encryption.
18. Force Majeure
18.1 Suna Communications shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the supply of the Application and/or Service caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.
19.1 This Agreement constitutes the entire understanding and agreement between Suna Communications and the Customer with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement.
19.2 These terms and conditions shall be governed, construed and interpreted in accordance with the laws of the State of Queensland, Australia.
19.3 In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms.
19.4 Any failure by Suna Communications to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision.
20. New account conditions
20.1 The Licensee shall have no right to transfer to any other person the right to use the iRealty system.
20.2 The Licensee shall pay the fees set out in the Fee Schedule.
20.3 The Licensee must comply with the Privacy Act 1988 and the National Privacy Principles.
20.4 Suna Communications Pty Ltd reserves the right to reject any account application without giving any reason.
20.5 The Licensor shall have the right to terminate this agreement without notice for any breach of this agreement by the Licensee.
20.6 If this agreement is terminated by the Licensor for breach by the Licensee any fees already paid are not refundable.
20.7 To ensure the Licensee is complying with this agreement the Licensor may monitor data and use of the iRealty system.
20.8 The Licensee warrants that it has the authority to enter into this agreement.
20.9 The Licensor shall have the right to amend the terms of this agreement after giving the Licensee 28 days' notice.
20.10 The Licensor shall not be liable for any loss or damage however caused suffered by the Licensee including but not limited to provision of or failure of a service or negligence of the Licensor.
20.11 The Licensor does not warrant the availability of the connection or service and no fee will be refunded for any failure to provide the connection or service.
20.12 The Licensee must have agreements with third party internet sites if the Licensee bulk uploads properties or data to those sites. Third parties may charge a separate fee for this service.
20.13 If the Licensee is part of a franchise group, the licensee agrees that any design changes to the existing template suite or new design requests are to be presented to the franchise head office for design approval. Any design or coding modifications to existing templates that are requested by your franchise for branding updates will be carried out at cost to the Licensee.
20.14 Subscription commences from the date of the first scheduled training and is billed in arears along with any pro rata subscription increases incurred during the month. Subscription is billed in advance on the 1st working day of the month. The subscription fee is subject to change - but we'll notify you beforehand.
20.15 Should you wish to cancel your subscription, please email us at email@example.com. Upon email receipt of your cancellation, your service will cease at the end of the current month. If the service has been invoiced, that charge is final and no refund is available.
20.16 If any monies due to Suna Communications Pty Ltd on behalf of your office are overdue by two (2) months then your iRealty account may be suspended without notice until the account has been settled in full.
20.17 Suna Communications will respect the right of clients to a relationship of trust, to privacy and confidentiality of their information, and to responsible use of information obtained in the course of professional service.
Personal information will not be traded, exchanged or released as submitted or in the aggregate, to any organization beyond Suna Communications unless authorised by the client through API integrations using account login credentials.
21. Direct Debit service request agreement
- account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
- agreement means this Direct Debit Request Service Agreement between you and us.debit day means the day that payment by you to us is due.
- direct debit request means the Direct Debit Request between us and you.
- us or we means iRealty/Suna Communications Pty Ltd you have authorised by signing a direct debit request.
- you means the customer or whose authorised officer who signed the direct debit request.
- your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.
21.2 Debiting your account
21.2.1 By signing a direct debit request, you have authorised us to arrange for funds to be debited from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
21.2.2 We will only arrange for funds to be debited from your account as authorised in the direct debit request.
21.3 Changes by us
21.3.1 We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days' written notice.
21.4 Changes by you
21.4.1 Subject to 21.4.2 and 21.4.3, you may change the arrangements under a direct debit request by contacting us on 1300 855 982 or firstname.lastname@example.org.
21.4.2 If you wish to stop or defer a debit payment you must notify us by email at least fourteen days before the next debit day. This notice should be given to us in the first instance.
21.4.3 You may also cancel your authority for us to debit your account at any time by giving us fourteen days notice by email before the next debit day. This notice should be given to us in the first instance.
21.5 Your obligations
21.5.1 It is your responsibility to ensure that there are sufficient cleared funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
21.5.2 If there are insufficient cleared funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient cleared funds to be in your account by an agreed time so that we can process the debit payment.
21.5.3 You should check your account statement to verify that the amounts debited from your account are correct
21.6.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1300 855 982 and confirm that notice by email with us as soon as possible so that we can resolve your query more quickly.
21.6.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (excluding interest and charges) accordingly. We will also notify you by email of the amount by which your account has been adjusted.
21.6.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
21.6.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
You should confirm:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
21.8.1 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
21.8.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
21.9.1 If you wish to notify us by post or email about anything relating to this agreement, you should write to Suna Communications Pty Ltd Po Box 2107 Tingalpa Qld 4173 or email to email@example.com
21.9.2 We will notify you by sending a notice by email or by ordinary post to the address you have given us in the direct debit request.
21.9.3 Any notice will be deemed to have been received two business days after it is emailed.