Terms & Conditions

Last Updated: August 3rd, 2021

Introduction

For the purposes of these Terms and conditions SiteSmart Technology Pty Ltd is referred to in this document as we, us, our or SiteSmart Technology.

This agreement applies across all SiteSmart Technology products and services, including but not limited to our website, mobile and tablet applications, in the field services, software and related documentation and information as well as any upgrades, improvements etc. For the purpose of this agreement we will call them all �Products and Services�.

Acknowledgement

By using SiteSmart Technology Products and/or Services you agree to accept and abide by the terms and conditions set out in this agreement as well as any intellectual property laws that apply to the Products and/or Services or its use by you. You further agree to take all necessary steps to ensure that the terms and conditions of this agreement are not breached by any of your employees, consultants, agents, officers or contractors who use or have access to the Product.

Grant of Licence

SiteSmart Technology grants to you a personal, limited, non-exclusive, non-transferable, non-assignable licence to use the Products and/or Services on the terms and conditions set out in this agreement.

General Use

You must not modify, copy, distribute, adapt, transfer or sell the Products and/or Services without the prior written approval of SiteSmart Technology. You must not reverse engineer, rent, sub-licence, lease, loan, modify, decompile, disassemble, attempt to discover the source code of, or create derivative works based on the Product and/or Services, nor permit anyone else to do so.

Ownership of Product

SiteSmart Technology owns all rights and protections (including any intellectual property rights) in the Products and/or Services that may exist from time to time in Australia (or any other jurisdiction) under any applicable law regardless of whether or not such rights or protections are registered or perfected (Intellectual Property Rights).

All Intellectual Property Rights in the Product and/or Services as well as any improvements made to the Products and/or Services or the Intellectual Property Rights remain vested in SiteSmart Technology at all times (whether any improvements are made by you or otherwise) and you are not entitled to those rights at any time.

Indemnity

You agree to indemnify SiteSmart Technology from and against:

Any claims made with respect to the Products and/or Services to the extent that any such claim or loss arise or is caused by your negligent act of omissions;
Any costs or losses suffered by SiteSmart Technology as a result of your failure to use the Product in accordance with the instructions and directions provided by SiteSmart Technology from time to time; and/or
Any costs or losses suffered by SiteSmart Technology as a result of your breach of these terms and conditions.

Governing Law

This agreement is governed by the laws of Victoria, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction.

No claim for suspended service

If SiteSmart Technology suspends the use of the Products and/or Services by you because you have not paid the fees you agreed to pay SiteSmart Technology, or because you have breached any other term of this agreement, you cannot make any claim (of any nature whatsoever) against SiteSmart Technology for any loss or damage you incur or suffer as a result of that suspension.

Warranties & Disclaimer

To the fullest extent permitted by law, the Products and/or Services is provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability or fitness for a particular purpose. SiteSmart Technology does not warrant that the Products and/or Services will be error-free, complete, correct or completely secure.

By agreeing to the terms and conditions set out in this agreement you acknowledge that the performance of the Products and/or Services relies upon the correct entry of data by you and SiteSmart Technology is not liable to you for any loss or damage suffered by you as a result of the incorrect entry of, or the failure to enter any, data required to allow the Products and/or Services to operate. Any samples or templates provided are intended as a guideline only. It is your responsibility to confirm and correct any content provided by SiteSmart Technology.

SiteSmart Technology will not be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or for loss of use, data or profits or other categories of economic loss, whether or not SiteSmart Technology had been advised of the possibility of such damages, and whether arising in contract, tort or otherwise, arising out of or in connection with the use of the Products and/or Services.

The liability of SiteSmart Technology under this agreement or with respect to the Products and/or Services, which cannot be lawfully excluded, is limited, at the option of SiteSmart Technology, to the re-supply of the Products and/or Services or the payment of the cost of having the Products and/or Services re-supplied reduced to the extent that such liability is caused by your negligent acts and/or omissions and/or a breach by you of the terms of this agreement.

Without limiting the above, the aggregate liability of SiteSmart Technology for all claims arising out of, or otherwise in connection with, this agreement is limited to the Subscription Fees paid by you in the one (1) month preceding the relevant claim.

Term

The term of this agreement will commence on the date you accept these terms and conditions and end 1 year after that date (Initial Term). Unless you advise SiteSmart Technology in writing to cancel your subscription or you cancel your subscription through your account settings before the end of the Initial term, the term of this agreement will continue to apply on a year to year basis.

Subscription Fees and charges

Before SiteSmart Technology allowed you to use the Products and/or Services, you acknowledged that SiteSmart Technology provided you with details of the fees you need to pay to continue with that use and that those fees need to be paid by you in order to allow you to continue to use the Products and/or Services. For more information visit sitesmart.tech/pricing

Some parts of the Products and/or Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis annually. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or SiteSmart Technology cancels it.

Subscription Payment Options

SiteSmart Technology prefers that the Subscription Fees and all other fees be paid by credit card or a debit card. It is your responsibility to ensure that there are current details for a valid, working credit card or debit card with sufficient funds to pay for all fees charged to that card.

Should automatic billing fail to occur for any reason, SiteSmart Technology will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Change in Subscription Fees

It is necessary to review the Subscription Fees and to increase them from time to time (Typically CPI). If SiteSmart Technology needs to increase their fees for any reason, SiteSmart Technology will provide you with notice of the change in the Subscription Fees.

SiteSmart Technology will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting SiteSmart Technology. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Products and/or Services until the end of Your current Subscription period.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by SiteSmart Technology on a case-by-case basis and granted at the sole discretion of SiteSmart Technology

Failure to pay

If you do not pay any fees SiteSmart Technology asks you to pay to use the Products and/or Services by the due date, SiteSmart Technology may:

Suspend your right to use the Products and/or Services by switching the Products and/or Services to read only mode; and/or
Terminate this agreement.

If You do not pay any amount due under this agreement by the due date, then if demanded by SiteSmart Technology, you must pay a late payment fee and any other any fees, costs, expenses or charges incurred by SiteSmart Technology as a result of that non-payment (including legal costs).

Termination

SiteSmart Technology can terminate this agreement immediately if you:

Do not pay any money owed by the due date;
If you breach any other term of this agreement and do not remedy that breach to the satisfaction of SiteSmart Technology within 7 days of being requested to do so; or
Become subject to bankruptcy, administration, liquidation, receivership or any other form of insolvency event.

Upon the termination of this agreement, all amounts payable to SiteSmart Technology for the remainder of the Initial Term (if applicable) and any other fees and charges payable to SiteSmart Technology under this agreement will become immediately due and payable. Upon such termination, you will no longer be entitled to use the Products and/or Services under any circumstances without the prior approval of SiteSmart Technology.

User Accounts

When You create an account with SiteSmart Technology, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account with Our Products and/or Services.

You are responsible for safeguarding the password that You use to access the Products and/or Services and for any activities or actions under Your password, whether Your password is with Our Products and/or Services or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Force Majeure

SiteSmart Technology will not be liable for delays or any failure to provide the Products and/or Services or to perform the services under this agreement due to any circumstance beyond the control of SiteSmart Technology, including acts of God, attacks by third parties, strikes, lockouts, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, electrical surge, issues arising due to malicious code or failure from internet service providers or third party providers.

Miscellaneous

SiteSmart Technology may assign, sub-contract, transfer or otherwise dispose of its rights and obligations under this agreement by notice in writing to you. You must not assign or transfer any of your rights and/or obligations under this agreement without the prior written approval of SiteSmart Technology.

Any notices under these terms and conditions may be served on you via email, fax or post. If any term of this agreement is illegal or otherwise unenforceable, it will be deemed to be severed from this agreement, and all other terms of this agreement will remain in full force and effect.

Miscellaneous

Privacy

SiteSmart Technology, at all times, will respect your privacy with respect to your use of the Products and/or Services. Please refer to our privacy policy for more information sitesmart.tech/privacy-policy

Changes To These Terms and Conditions

SiteSmart Technology reserves the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using our product or service.

Contact Us

If you have any questions about these terms and conditions you can contact us via support@sitesmart.tech