Terms & Conditions

Voigue is the nucleus where talent meets innovation and enterprises thrive on consistent solutions, encouraging exceptional growth. Please read these terms and conditions carefully before applying for, accepting, using, or subscribing to Voigue services. By using, applying for, or purchasing the services or by accepting this agreement by clicking on “I accept” below, you acknowledge that you have read this agreement, that you understand it, that you agree to and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use, or purchase the services and click “decline” below. The services are for a limited time only. Failure to use the services within the subscription period shall not be grounds for a refund of any fees paid.

The terms and conditions set forth below (the “Agreement”) constitute a binding agreement between you (the “Subscriber” or “you”) and Voigue PTY Ltd (“Voigue”) with respect to your use or purchase of the Services. To receive the Services, you must agree to these terms and conditions. You also agree that any failure to abide by them shall void any and all obligations of Voigue hereunder

Voigue’s Obligations

We will:

  • Perform the Services during the Term using appropriate technology and a sufficient number of well-trained personnel; and
  • Comply with all laws to the extent to which they apply to the Services under this Agreement including but not limited to the Privacy Act 1988 (Cth), Do Not Call Register Act 2006 (Cth) and standards created under Part 6 of the Telecommunications Act 1997 (Cth). codes or standards created under Part 6 of the Telecommunications Act 1997 (Cth);
  • Do all things necessary to comply with all laws applicable to the provision of services and use of personal data in performing this Agreement;
  • Comply with our obligations under any applicable data protection laws and regulations, including Regulation (EU) 2016/679 (the “GDPR”), and Appendix A to this Agreement; and
  • Perform this Agreement with the utmost good faith and the care and skill to be expected of an experienced professional providing services of the same kind as the Services.
  • Ensure the call quality will be maintained up to the optimum standards 99% of the time.

Your Obligations

You agree to:

  • Promptly provide us with all information and documents reasonably required by us to perform the Services with efficiency.
  • Pay the Fee to us within fourteen (14) days of the date of the invoice and will be required to pay the undisputed portion of the Fee if a dispute under this Agreement arises.
  • Provide us with your ABN and other information reasonably required by us so that we may comply with its GST legal obligations.
  • Without derogating from our obligations under the GDPR and Appendix 1 hereto, provide us with data specifications relating to any data transfers required to be made by us to you, such specifications must be agreed to by both parties before the commencement of any Services.
  • Provide all training materials to enable us to ensure each agent is adequately trained in connection with this Agreement and pay the fee specified in your Service Agreement for all agent training including attrition and additional training (provided that you will have oversight of any initial training and training of any new staff providing services under this Agreement);
  • Promptly with all of the responsibilities specified in your Agreement for the duration of our engagement; and
  • Not prevent us from complying with all laws applicable to the provision of services under this agreement

Fees

  • We will invoice you monthly in arrears in accordance with the Fees specified in your Service Agreement. Such invoices will be forwarded to your accounts contact specified in the Services Agreement.
  • The engagement of third-party suppliers during the Term of this Agreement will be agreed in writing by both parties and includes but is not limited to the supply of stock, printing, data, fulfilment, courier, design and postage.
    No charges not explicitly set forth herein will be made without the agreement in writing of both parties hereto.

Termination

Termination by us

We may terminate your agreement by giving you 30 days advance written notice from the first of the next calendar month, or earlier if agreed in writing by both parties.

Termination by you

  • If this Agreement specifies a time frame: You may terminate the Agreement if we fail to perform any of its obligations under specified above in the “Service Agreement” or if a breach of any the warranties provided herein and fails to correct such failure or breach to reasonable satisfaction within ten (10) calendar days (unless extended).
  • If this Agreement does not specify a time frame: You may terminate the Agreement within thirty (30) days’ notice.
  • In case any breaches or activities are discovered which adversely effects the brand of your company you may terminate your Agreement at any time with immediate effect.
  • If the Contractor does not perform to the standards expected by the Employer, the Employer can terminate this agreement with immediate effect. The Contractor will be paid up to the day that the Employer notifies Voigue of the termination.

Termination effect

Termination of this Agreement will release any party from any further performance of any obligation under this Agreement but will not:

  • Affect any provision of this Agreement expressed to operate or to have effect subsequent to termination; or
  • Have any prejudicial effect on any accrued right of any party in relation to any default under this Agreement by the other party occurring prior to termination.

Post termination

Following termination of this Agreement both parties retain the right to receive any unpaid and undisputed Fee or service which has accrued due on or prior to the termination date, in addition to any other right provided under this agreement or by law.

Following termination of this Agreement both parties are responsible to return any intellectual or physical properties to the owner within thirty (30) days.

Confidentiality

Confidential information

  • Any Confidential Information provided by one party (“First Party”) to the other party (“Recipient”) will be kept confidential and the Recipient will not disclose that information to any other person, except the Recipient’s related body corporates, legal and financial advisers and bankers or to the extent permitted under this agreement or if reasonably required for the performance of this agreement, unless:

    I. the prior written consent of the First Party is obtained;

    II. the information was in the public domain at the time of disclosure;

    III. the information was proven to be known to the other party from another source at the time of disclosure (provided that such other source did not breach any obligations of confidentiality);

    IV. disclosure is made to the extent required pursuant to any legal requirement (provided the Recipient first notifies the First Party and does not disclose any more than legally necessary); or The Recipient agrees to establish and maintain effective security measures to safeguard the First Party’s Confidential Information from unauthorized use or access and not allow copies or extracts to be made.

  • If this Agreement does not specify a time frame: You may terminate the Agreement within thirty (30) days’ notice.
  • In the event of a breach or suspected breach of this clause or, the defaulting party must notify the non-defaulting party in writing within three (3) Business Days and must take all reasonable steps to prevent any suspected breaches.
  • Each party acknowledges and agrees that all right and title in the Confidential Information shall remain the exclusive property of the First Party and all interest will vest in the sole and absolute beneficial ownership of the First Party.

Liability

  • Termination of this Agreement will not release any party from any liability arising prior to termination and will not affect the accrued rights or remedies of either party.
  • We will not be liable at any time under or in relation to this Agreement for any action or omission by you or any failure by you to comply with clause 3.1 or any false or misleading information provided by or on behalf of you to us.
    Neither party is liable to the other under this Agreement or otherwise of any kind or indirect or consequential loss or damage arising out of or in connection with this Agreement.
  • Our liability to you under this agreement will be capped at all times at an amount equal to the Fee paid under this agreement for the twelve (12) months prior to the date of any claim being made by you or, if a twelve (12) month period has not passed by that time, at an amount equal to the Fee which has been paid under this agreement since the Commencement Date.

General

Notices

  • Notices under this Agreement required to be given or served to either party in accordance with this clause will be: In writing and addressed as set out in your Service Agreement.

    I. signed by the party making the communication or (on its behalf) by the solicitor for, or any attorney, director, secretary or authorized agent of, that party.

    II. delivered by email.

  • Notices under this agreement required to be given or served to either party in accordance with this clause will be:

    I. in writing;

    II. must comply with any other requirements under this Agreement and will be deemed to have been received by the recipient at the time that the email is sent, provided that the email has been delivered.

Beyond control (Applicable only for working from home arrangements)

Its mutually understood that Voigue will ensure a smooth flow of daily work routines of client’s remote staff. However, following unavoidable situations might affect the workflow regardless of the precautionary actions taken by Voigue

  • Bad weather conditions
  • Island wide power outages
  • Curfews
  • Unavoidable or unfixable Internet connection issues

Voigue, in such circumstances will take the necessary actions to mitigate such problems. Voigue will further take all reasonable measures to allow daily operations to run smoothly or without any effects.

Conflicts of Interest

The client shall not directly or indirectly hire or work on a freelance basis with any of the individuals who are falling under the following criteria up until the expiration of 24 months.

  • Employees who had been working at Voigue
  • Candidates who had been referred to client by Voigue /li>

Should the client be found acting with malicious intentions, the contract with be terminated immediately with a penalty imposed on the client.

Corporate representation

To the extent that they are corporations, each party represents to the other party that, as at the date of this agreement:

  • That party is a corporation duly incorporated and validly existing under the laws of the country or jurisdiction of its incorporation or registration;
  • That party has the corporate power to own its assets and perform any business activity as contemplated at any time by this Agreement;
  • The execution or performance of this Agreement by that party does not contravene any provision of the constitution documents of that party, any agreement created by that party or any law consent relating to that party or its assets; and
  • That party has full power and has procured all corporate consents, for the execution by that party of this Agreement, which has been executed in compliance with its constitution documents and any applicable laws.

Should the client be found acting with malicious intentions, the contract with be terminated immediately with a penalty imposed on the client.

Amendments

We may update these terms and conditions contained within this document at any time by giving you 30 days’ notice in relation to the changes, the employer may give Voigue 7 days’ notice to cancel the contract if the employer does not agree with the revised terms and conditions

Further acts and documents

Each party must promptly do all further acts and execute and deliver all further documents (in form and content reasonably satisfactory to that party) required by law or reasonably requested by another party to give full effect to this Agreement, whether prior or subsequent to performance of this Agreement

Confidential agreement

This Agreement is confidential and neither party will disclose it or any of its contents to any person (other than to that party’s legal advisers or financiers and other than as required by law or if contemplated by this Agreement) without the prior written consent of the other party to this Agreement