Terms Of Service
1. SERVICES
1.1 Service Fees and Payment
Plus Technologies Pty Ltd company may offer different categories of paid subscriptions to the Service, subject to the limits set by Company from time to time. Should you register for a paid subscription, you agree to pay the Service fee(s) publicised by the Company at the time you accept the end user licence agreement.
If Company is unable to charge your payment method (i.e. due to the expiration of your credit card), you are still obliged to pay Company the amounts to which you are committed under this Agreement. All fees are non-refundable, and are to be paid in AUST Dollars. You are solely responsible for any fees imposed by your credit card company, including exchange rate or foreign transaction fees. If any fees remain unpaid following at least ten (10) days written notice by Company, Company may (reserving all other legal remedies and rights) suspend the Services or, following thirty (30) days written notice by Company, terminate the Service and any agreement created by these Terms and Customer’s Order.
1.2 Restrictions on Use
Customer shall be responsible for: (a) acts or omissions by any single individual, employee or contractor of Customer, authorised to access and use the Services (“Authorised Users”); (b) maintaining the confidentiality of access credentials (including but not limited to usernames, passwords, and keys) used by the Customer or its Authorised Users; (c) ensuring compliance with the Agreement by each Authorised User and (d) ensuring compliance with applicable local, state, national laws and regulations in connection with the use of the Services, including those related to data privacy, international communications and the transmission of data. Customer agrees to notify Company immediately of any actual or suspected unauthorised use of Customer’s access credentials or any unauthorised use of the Services.
Customer may only use the Services for Customer’s internal business purposes. Only Authorised Users may access and use the Services. Customer may not (a) sell, rent or lease the Services in any way, or transfer any of its rights here-under to any other person; (b) create any derivative works based upon the Services; (c) modify any of Services (including Related Software), nor adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of software used by Company in providing the Services, nor take any other steps to discover the confidential information or trade secrets in the Services; (d) create multiple, free accounts under different or fake identities or otherwise that enables Customer to exceed the usage limits associated with the Service or (e) disclose to any third party the results of any benchmarking testing or comparative or competitive analyses of the Services done by or on behalf of Customer.
1.3 E-mail
As a Plus Technologies Pty Ltd account holder, you may send a digital file created by you or others (a “User File”) to, or share a User File with, recipients identified by email addresses that you provide. Plus Technologies Pty Ltd forwards or sends email or other notifications to those recipients. These email addresses and notifications may be stored by Plus Technologies Pty Ltd for your future use and as part of transaction information we keep relating to User Files.
2. FEEDBACK
Customer may periodically provide Company with feedback. All feedback, comments, and suggestions for improvements that Customer provides to Company hereunder are referred to collectively as “Customer Feedback.” Customer hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Customer’s right, title, and interest in and to all Customer Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein.
3. OWNERSHIP
Customer acknowledges and agrees that, as between the parties, Company alone owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if Company incorporates any Customer Feedback into subsequent versions of the Service. Customer will not earn or acquire any rights or licenses in the Service or in any Company Intellectual Property Rights on account of this Agreement or Customer’s performance under this Agreement. Customer will not use or disclose any Customer Feedback to any other entity other than Company.
4. CONTENT AND DATA PROTECTION
4.1 Security; Licensee Data.
Company will use reasonable care to protect Customer's data against physical damage or unauthorized access. Company will store and safeguard Customer content in accordance with industry standard administrative, technical, and physical security controls and procedures. Customer may not create or store content that imposes specific security obligations on Company (e.g., health or financial data). Customer is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Service.
Customer acknowledges and agrees that while Company will make commercially reasonable efforts to maintain files uploaded to the Service for the duration of each subscription, the Service is not intended as a file storage repository, and Company shall not be responsible for any failure of the Service to store a file, for the deletion of a file stored on the Service, or for the corruption of or loss of any data, information or content contained in a file.
5. TERM AND TERMINATION
5. 1 Term and Automatic Renewal Term.
The term of the Service and this Agreement shall be determined based on the subscription purchased by Customer. All subscriptions will automatically renew for additional subscription period(s) equal in time to the original subscription at the then current Company price and subject to these Terms, unless either party gives the other party notice of non-renewal at least 30 days prior to the end of the relevant subscription period.
Either party may terminate the Services or these Terms for material breach if the other party fails to cure such breach within thirty (30) days after written notice. Company may terminate the Agreement with immediate effect and no such cure period will be granted for breaches relating to the rights granted and/or restrictions in Sections 1 (Services). In the event of such termination, any data Customer may have stored will be lost.
5.2 Effect of Termination.
Upon any termination or expiration of the Agreement and/or the Service: (a) the rights and licenses granted to Customer hereunder will automatically terminate and (b) all data associated with a Customer's subscription will be deleted. Upon any termination of the Service or these Terms, Customer will immediately cease all use of the Services and Related Software and will destroy all copies of Related Software in Customer’s possession or control. Following termination, Company may retain Customer content on backup media for an additional period of up to twelve (12) months, or longer if required by law, subject to the confidentiality obligations under these Terms.
5.3 Survival.
The provisions of Sections 1.2 (only in so far as relating to license fees generated prior to termination), 2, 3, 4, 5 and 6 and any provisions that by their nature should survive termination will survive any termination or expiration of the Services or these Terms.
6. Dispute resolution
6.1 A party will not start arbitration or court proceedings (except proceedings seeking injunctive, declaratory or interlocutory relief) in respect of a dispute arising out of this Agreement (Dispute) unless it has complied with this clause.
6.2 A party claiming that a Dispute has arisen must notify the other parties, giving details of the Dispute.
6.3 During the 21 day period after a notice is given under clause 6.2 (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) must use its best efforts to resolve the Dispute.
6.4 If the Disputants are unable to resolve the Dispute within the initial period, each Disputant agrees that the dispute must be referred for mediation, at the request of any Disputant, to: (a) a mediator agreed on by the Disputants; or (b) if the Disputants are unable to agree on a mediator within seven days (7).
6.5 The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
6.6 Any information or documents disclosed by a Disputant under this clause (a) must be kept confidential; and (b) may not be used except to attempt to resolve the Dispute.
6.7 Each Disputant must bear its own costs of complying with this clause and the Disputants must bear equally the costs of any mediator engaged. 6.8 After the initial period, a Disputant that has complied with clauses 6.1, 6.2 and 6.3 may terminate the Dispute resolution process by giving notice to each other Disputant.
7. GENERAL PROVISIONS
7.1 Amendment; Waiver.
Any amendment of the agreement formed under these Terms must be in writing and signed or acknowledged by both parties. Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than by a written waiver by a duly authorised representative. No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach.
7.2 Notices.
All notices must be by email to support@plustechnologies.com.au. Notice will be deemed given when verified by written receipt.
7.3 Entire Agreement.
These Terms and End User Licence Agreement constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any prior or current understandings, both written and oral. These Terms may be modified by Company from time to time, and company shall provide advance written notice to Customer either via a posting on Company’s website or through Customer’s account. The new terms shall come into force only upon the beginning of the next renewal month. Should a customer not agree with the amended terms, it has the right to terminate the Agreement at the end of its then current term (i.e. before a renewal term commences), in accordance with the termination provisions set forth above. Customer’s continued usage of the Service following the date the amended terms come into force shall be evidence of Customer’s agreement to the amended terms (and the amended terms thereafter shall become the “Terms,” as used herein).
7.4 No Agency.
Company does not act as an agent of Customer in connection with Customer’s use of the Services provided hereunder. The establishment of the terms of any commercial or legal relationship between Customer and any third party by means of the use of the Services provided here-under is the sole responsibility of Customer. The provision of such Services by Company will not be interpreted as conferring any authority or responsibility on Company with respect to such relationships or the establishment, continuation or binding effect of such terms.
8. Binding Agreement
The Client is taken to have accepted, and the parties are taken to enter into, this Agreement on the earlier of the time when the Client: (a) requests or directs the Supplier to carry out any part of the Services; and (b) signs and accepts the End User Licence Agreement.
In the EULA, on the first line of ‘Licence Scope’ can you please add an ‘s’ to Teams….our company name is Plus Teams (Aust) Pty Ltd..
Also, in the EULA under ‘Indemnities, please add into the brackets (including breach by your staff and contractors)
