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We are excited that you have chosen to work with us. These are our Terms and Conditions of Use. They will assist you in understanding our product, our obligations to you, and your obligations as the customer. Please make sure you understand them so our lawyers will breathe a little easier.
By using Avaza Services, you agree you have read, understood and are bound by these Terms and Conditions. You acknowledge that You have the capacity to register for our Services and the authority to act on behalf of any entity for whom You are using the Service, and that Your use of Avaza Services is only for lawful purposes.
We hope to continually improve the service, so these Terms and Conditions may evolve over time. We reserve the right to modify our Terms and Conditions at any time, and these amended terms will be effective from when we make such modifications on our website. In using our Service, it is your obligation to make sure you understand and agree with our most current Terms and Conditions, as published on our site.
means these Terms and Conditions of Use.
means the monthly fee (excluding all taxes and duties) payable by You for add-ons (such as additional users) as set out per the fee schedule on our Website (which Avaza may change from time to time on notice to You).
“Account Subscription Fee”
means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Avaza may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data You input into the Website.
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online project management, time sheet, invoicing and accounting management services, and any other services made available via the Website or related Avaza sites..
means the Internet site at the domain www.avaza.com and all subdomains of avaza.com.
means Avaza Software Pty Limited, an Australian company. ACN: 169 570 594
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
means the person or entity who registers to use the Service.
means the Subscriber, and any Invitee. “Your” has a corresponding meaning.
The day of the month on which the Subscriber first switches to a paid plan, and therefore becomes subject to an Account Subscription Fee. This day of the month corresponds with the beginning of each Billing Period.
The monthly period beginning on each Anniversary date, and ending the day prior to the next Anniversary Date.. For example, if an Anniversary Date falls on the 15th May, the Billing Period would begin on the 15th of each month and end on the 14th of the following month.
Subject to this Agreement, Avaza grants You a non-exclusive, non-transferable right to access and use the Service via the Website, which right will correspond with your subscription plan type. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invitees, or any other applicable laws:
Each month on or around the Anniversary Date, You will be charged the Account Subscription Fee and Add-Ons Fee (together the “Fees”). You can upgrade your Subscription Plan & Subscription Add-Ons whenever you choose. After making any change to your Subscription or Add-Ons, you must wait 15 days before you can downgrade your Subscription plan or Subscription Add-Ons.
Where there is a difference in the level of Fees due as a result of a change in Subscription plan or adds-ons, the difference will immediately be reflected in your customer account. This means that you will be liable for the higher level of Fees or a credit may be processed to your account – if the your Account Subscription Fee or Add-Ons Fee is now lower. Credits will be used against future Fees. We will apply the new level of fees from when you make the change, over the remaining Billing Period. This means that if you make a change to your Subscription or add-ons on the 20th of a month, and your Anniversary date is the 15th of each month, then from the 20th of that month till the 14th of the following month, we will charge you the new Account Subscription Fee and new Add-Ons Fee. Avaza will continue charging You the monthly Fees until this Agreement is terminated in accordance with clause 8. You are responsible for payment of all taxes and government charges in addition to the Fees.
Avaza may limit Your monthly transaction volumes and the number of calls You are permitted to make against Avaza’s application programming interface. Any such limitations will be advised.
You use any communication tools available through the Website (such as any forum, chat room or message centre), only for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).When You make any communication on the Website, You represent that You are permitted to make such communication. Avaza is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. Avaza reserves the right to remove any communication at any time in its sole discretion.
You indemnify Avaza against: all claims, costs, damage and loss arising from Your breach of this Agreement or any obligation You may have to Avaza, including (but not limited to) any costs relating to the recovery of any Account Subscription Fees or Add-Ons Fee that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Avaza (or its licensors).
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Avaza’s Account Subscription Fee and Add-Ons Fee when due. You grant Avaza a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data inputted into the Service. Avaza adheres to best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Avaza expressly excludes liability for any loss of Data no matter how caused.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Avaza may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Avaza shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to this Agreement on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of this Agreement, without limiting Your own personal obligations under this Agreement.
You acknowledge that:
Avaza gives no warranty about the Services. Without limiting the foregoing, Avaza does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Avaza reserves the right to delete accounts and all associated data stored by Avaza for accounts which are do not carry an Account Subscription Fee where the most recent login date by You or Your Invitees is more than 6 months passed.
You can cancel Your Subscription at any time. You can request your account be cancelled by contacting Avaza support via email at support@Avaza.com and confirming account details with our team.You will not be charged any Account Subscription Fees or Add-Ons Fees for any future Billing Period once we have confirmed your account cancellation in writing.Avaza will not provide any refund for any prepaid Fees on any Subscription.
This Agreement will continue for the period covered by the Account Subscription Fee paid or payable under clause 3.1. On or around each Anniversary Date, at the commencement of each new Billing Period, this Agreement will automatically continue for another period of the same duration as the previous Billing Period, provided You continue to pay the prescribed Account Subscription Fee and Add-Ons Fee when due.
Avaza may take any or all of the following actions, at its sole discretion:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Avaza. If You still need technical help, please check the support provided online by Avaza on the Website or failing that email us at support@Avaza.com.
Avaza intends that the Services should be available 24 hours a day, seven days a week, however it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.If for any reason Avaza has to interrupt the Services for longer periods than Avaza would normally expect, Avaza will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Avaza’s prior written consent.
This Agreement is governed by the laws of the State of New South Wales in Australia and You hereby submit to the exclusive jurisdiction of the courts of New South Wales for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Avaza must be sent to email@example.com or to any other email address notified by email to You by Avaza. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms and Conditions of Use has no right to benefit under or to enforce any term within this Agreement.
In providing our services and products to you, we may collect and use information about you. The Privacy Act 1988 and Privacy Amendment Act 2012 set out specific privacy principles which we must abide by in the collection, use and disclosure of your information.
We collect and hold personal information about you required to perform our services for you. Personal information includes your name, current and previous addresses, telephone/mobile numbers, e-mail address, bank account and credit card details, details of your services and other information.
If we collect any sensitive information from you, including sensitive personal financial information, we will not use or disclose such information except as authorised by you to perform our services for you, and to provide summarised anonymous benchmarking data across all our clients.
Access to your information by your professional advisors or other representatives can only be granted by you.
If you choose not to provide personal information we may not be able to provide specific services at a sufficient level that we regard as important for performing at best practice. In these circumstances, we reserve the right to terminate the supply of this service to you.
We may collect personal information:
We will use your personal information to:
In providing our products and services, or collecting and using your personal information, we will always keep your data as private as commercially feasible. In the normal course of business and in order to provide your service we may be required to disclose some of your personal information to organisations outside Avaza. Such organisations may include:
If we are required to disclose your personal information to an overseas organisation as part of our service to you, we will take all reasonable efforts to ensure that the recipient entity cares and protects your privacy too.
We take reasonable precautions to make sure that the personal information we hold is accurate and up-to-date. We appreciate notification of errors, omissions or changes in your personal information. This is especially important for information required for us to communicate with you, such as a change in name, email, phone or address.
Avaza takes reasonable steps that your personal information is protected from misuse, loss, unauthorised access, modification or disclosure. Some notable measures to ensure the security of your personal information include: Secure Socket Layer (SSL) connection encryption; and regular backups of the database. The security of your information is also dependent on your own measures to protect your Avaza usernames, email addresses and passwords from disclosure and unauthorised use.
You have the right to access any of your personal information that we hold, with some exceptions as under law. To obtain a copy of this information, write to us requesting the information and we will provide it to you. Avaza reserves the right to charge a reasonable fee for the provision of this information.
In order to improve our website, we are keen to understand better what sections of our website you find to be most useful and interesting.
“Cookies” allows our website to store tokens of information in your browser. They give your browser an identifier which is used by our website while you are on it. Cookies help us to identify what areas of our website are popular based on traffic to those areas.
Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.
Through our ISP and by using cookies, we can identify your web browser and in some cases your identity (eg if you fill out a Contact Us form).
We use Google AdWords Remarketing features in order to better serve our advertising to you on other sites. This uses the Teracent cookie. You may opt out of the Teracent cookie by visiting the Teracent opt-out page.
By continuing to use our products or services or website you consent to Avaza maintaining, using and disclosing your personal information as described in this document for a period of no less than seven years from the date of your last use of the system (or the date of the last use of the system by any user under your subscription, which ever is the latest).
If you feel your privacy has been compromised in any way, or if you are in concerned that Avaza may be in breach of your privacy rights under law, please contact us at: firstname.lastname@example.org. We will reply to your concerns promptly.