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Please read carefully before agreeing to this Customer Agreement. By agreeing to this Customer Agreement, a binding contract will form between you and us (being Data Management Solutions Pty Ltd ABN 59 159 133 883 (DMS) ACN 159 133 883).
We offer the following Services under this agreement:
All Services are managed via our customer account portal and the administrative functions withinthe software products themselves. All Services are subscribed to and charged for on a periodic basis (monthly and/or yearly) according to the level of service chosen (users, storage, etc.). A detailed break-down of service costs are provided on our website, and during the checkout process when purchases our Services.
In order to sign up for Services, you will be required to create your own customer account which grants you the right to access and use the Services in accordance with this agreement.
You may be entitled to a free trial period of 30 days (Trial Period) if you are using one of our Services for the first time. Qualification for the Trial Period is at DMS’s sole discretion. No credit card details are required to initiate a Trial Period for one of our Services. It is the responsibility of the Customer to upgrade to paid plan on or before the expiration of their Trial Period.
When you sign up for any Services for which we charge fees (as indicated on our website), or before the expiration of any applicable Trial Period, you will be asked to provide credit card details. In doing so and in providing us with details of any replacement credit card, you authorize DMS to automatically charge the monthly charges for the Services and all other amounts due and payable to us to that credit card or the replacement credit card. This authorization remains in effect until all the charges and other amounts are fully paid, despite the expiry or termination of this agreement. You are responsible for ensuring that the credit card details (as supplied to DMS) are kept up to date, accurate and complete.
We may modify this agreement by posting an updated version on our website. The modified agreement will apply once posted, and by continuing to use the Services after the effective date of the modifications, you will be deemed to have accepted and agreed to be bound by the modifications. Please check our website regularly for any updates. We will endeavor to notify you by email in advance of any material changes to the Customer Agreement. This agreement was last updated with effect from 06 October 2013.
You can use the Services to operate and/or otherwise utilise the hosted software product, in accordance with it’s designed purpose. You must comply, and ensure that all Authorised Users of your installation comply, with our Acceptable Use Policy when using the Services.
You are fully responsible and liable for the acts and omissions of Authorised Users, including any breach of this agreement, as if they were your own acts and omissions. You must ensure that the terms of your agreements with Authorised Users (if any) are consistent with this agreement.
The term of this agreement commences when you click “Sign Up” and continues until:
You will continue to be liable to pay all the charges for the Services which you incurred up to the later of your account closure or the point of termination.
We may suspend your right to use the Services or terminate this agreement immediately if we have reason to believe that:
Your payment obligations, provisions relating to disclaimer and indemnity and any other provisions that are by nature intended to survive will survive the expiry or any termination of this agreement.
You acknowledge that:
You are responsible for:
You represent and warrant that:
Without limiting our rights under clause 6, we may also suspend your use of the Services if:
We do not currently provide a Service Level Agreement (SLA); however, in future, any service level commitments offered by DMS are set out in our Service Level Agreement (SLA). A breach of the SLA is not a breach of this agreement, and any rebates specified in the SLA are your sole and exclusive remedy, and our sole liability to you, in respect of our failure to meet the service level commitments in the SLA.
All Services charges and any other fee set out on our website are exclusive of any applicable Tax.
You are liable for any Tax, subject to DMS outlining and including those charges during the checkout process. An invoice of tax-related charges will be available in your account activity. Tax means any tax (including goods and services tax but excluding any tax on DMS’s income), duty, levy and other similar charge (and any related interest and penalty), however designated, imposed under the laws of Australia or any jurisdiction outside Australia, with respect to the provision of any Services or on any charges. Any such Tax will be payable by you in accordance with clause 12.
All references to currency, or use of the $ symbol refer to Australian dollars.
If you are paying for one or more of the Services with a credit cared denominated in a currency other than Australian dollars, you understand that exchange rates in effect at the time of payment are beyond the control of DMS. Fluctuations in currency/card issuer’s exchange rates may result in changes to your monthly charges even if your service level is unchanged.
We reserve the right to adjust pricing when necessary and will notify you at least 5 days in advance of any pricing adjustments by email or by posting a notice on the portal which will be visible when you log on.
You consent to us collecting, using, disclosing and otherwise dealing with your details (including personally identifiable information) in accordance with our Privacy Policy.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OR TIMELINESS.
IF ANY CONDITION, WARRANTY, GUARANTEE OR OTHER PROVISION IS IMPLIED OR IMPOSED IN RELATION TO THE LEGAL AGREEMENT BETWEEN YOU AND DMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) AND CANNOT BE EXCLUDED (A NON-EXCLUDABLE TERM), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF SUCH A NON-EXCLUDABLE TERM, THEN OUR LIABILITY FOR SUCH A BREACH OF THE NON-EXCLUDABLE TERM IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION:
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF DMS FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THIS AGREEMENT, OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE SERVICES, DURING ANY 12 MONTH PERIOD IS LIMITED TO THE AMOUNTS (IF ANY) PAID BY YOU TO NINEFOLD FOR THE SERVICES DURING THE RELEVANT 12 MONTH PERIOD.
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS NINEFOLD LIABLE UNDER OR IN RELATION TO THIS AGREEMENT OR ITS SUBJECT MATTER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, NOR FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS OR GOODWILL, OR FOR ANY LOSS OR CORRUPTION OF YOUR DATA OR CONTENT, EVEN IF SUCH LOSS OR DAMAGE WAS REASONABLY FORSEEABLE.
THE LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE 17 APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE, UNDER AN INDEMNITY, OR ON ANY OTHER BASIS.
You agree to indemnify and hold harmless us, our Related Corporate Bodies as defined in the Corporations Act 2001 (Cth) and their respective directors, officers, employees, contractors, licensors and agents against any loss, damage, claim, proceeding, liability and cost (including legal costs on an indemnity basis) suffered or incurred in connection with a claim against any of them by a third party (including any Authorised User) arising out of or relating in any way to: (i) your or any Authorised User’s use of the Services; (ii) any content, data or other materials stored, transmitted, accessed, downloaded or used by you or any Authorised User via the Services (including where such materials are alleged to infringe any intellectual property or other rights); (iii) any breach of this agreement or any of our policies including the Acceptable Use Policy; or (iv) any breach of applicable laws.
You acknowledge that DMS may respond to alleged copyright infringement notices served in accordance with the Digital Millennium Copyright Act 1998, by taking any action required or permitted by law, including but not limited to removing the alleged infringing material.
This agreement is governed by the laws of New South Wales, Australia, and both of you and us agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Both of you and us may give notice to each other by sending an email as follows:
A recipient is deemed to have received a notice sent by email one business day after it was given by the sender, unless the sender is aware the notice could not be delivered.
Neither party is liable for any delay or failure in performance of any part of the agreement, other than for a delay or failure to pay money, to the extent that such delay or failure to pay is attributable to a Force Majeure Event. A Force Majeure Event means an event beyond a party’s reasonable control including, but not limited to; fire, flood, explosion, strike or governmental requirement.
These terms make up a legal agreement between you and Data Management Solutions Pty Ltd (DMS). By browsing or using the website hosted at *.datamanagementsolutions.com.au or *.apti-software.com (together, DMS Websites), you have accepted these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use these websites. DMS may change all or any part of these Website Terms of Use and any other information contained herein from time to time, without notice to you. If you continue to use the website after terms are updated, you will be considered to have accepted the revised terms.
This website contains copyright material, brand names and other trademarks, logos and service marks owned by DMS or a third party and protected by law. Except as expressly authorized, the use of any material on this site (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited.
The DMS websites may provide links to third party websites and access to content, products and services of third parties. DMS is not responsible for any third party content provided, or the operation, security levels, or any other aspect of any third party sites. Links are provided solely for your convenience and do not indicate endorsement by DMS of any third party sites or the products or services provided, advertised or otherwise mentioned on those sites.
Please review our Privacy Policy which also governs your visit to any of the DMS Websites.
Please review our Acceptable Use Policy which also governs your to DMS Websites.
Although DMS has attempted to provide accurate information on this website, information on this website may contain technical inaccuracies or typographical errors. The contents of any documents on this website are believed to be current and accurate as at their publication dates. DMS assumes no responsibility for the accuracy of the information. DMS may change the services referred to at any time without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND THAT THEY ARE PROVIDED "AS IS" AND "AS AVAILABLE". WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, ON-INFRINGEMENT OR TIMELINESS. IF ANY CONDITION, WARRANTY, GUARANTEE OR OTHER PROVISION IS IMPLIED OR IMPOSED IN RELATION TO THE LEGAL AGREEMENT BETWEEN YOU AND DMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) AND CANNOT BE EXCLUDED (A NON-EXCLUDABLE TERM), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF SUCH NON-EXCLUDABLE TERM, THEN OUR LIABILITY FOR SUCH BREACH OF THE NON-EXCLUDABLE TERM IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION:
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF NINEFOLD FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THIS AGREEMENT, OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES, DURING ANY 12 MONTH PERIOD IS LIMITED TO THE AMOUNTS (IF ANY) PAID BY YOU TO NINEFOLD FOR THE APPLICABLE SERVICES DURING THE RELEVANT 12 MONTH PERIOD. SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS DMS LIABLE UNDER OR IN RELATION TO THIS AGREEMENT OR ITS SUBJECT MATTER. FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, NOR FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS OR GOODWILL, OR FOR ANY LOSS OR CORRUPTION OF YOUR DATA OR CONTENT, EVEN IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE. THE LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE, UNDER AN INDEMNITY, OR ON ANY OTHER BASIS.
You agree to indemnify DMS against any loss, damage, claim, proceeding and cost (including all legal costs on an indemnity basis), including as a result of a third party claim against us, arising out of:
This agreement and all claims relating to it are governed by Australian law.
Data Management Solutions (DMS) regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all DMS' website visitors, and registered accountholders, and conforms to Internet privacy standards.
If you have questions or concerns regarding this statement, you should first contact us at support@datamanagmentsolutions.com.au, or by phone at (02) 8090 9378.
In order to use the DMS website, we may require information from you in order to provide the best service possible.
All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email.
Any information collected by DMS is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.
Any details collected from DMS customers are required in order to provide you with our products and/or services, and a high level of customer service.
Correspondence is recorded in order to provide service references, and to assist in our staff development.
The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. Refer to our Payment Card Security Policy for more details on how Credit Card data is transmitted to/from our trusted payment processor.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
If you have any questions about security on our Website, you can email us at support@datamanagementsolutions.com.au.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at support@datamanagementsolutions.com.au.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
DMS uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@datamanagementsolutions.com.au.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
DMS may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose.
DMS does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on the DMS website to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domains matching *.datamanagementsolutions.com.au.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.
We here at Data Management Solutions Pty Ltd (DMS), have taken special measures to ensure that your sensitive credit card details are handled with the utmost security and privacy. That’s why we’ve enlisted the services of the eWay Payment Gateway for all online credit card transactions.
eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
We never see your credit card details. Your card details are sent directly to eWay’s servers where their PCI-DSS certified storage and security technologies protect your data 24/7.
Other aspects of eWAY’s payment gateway and processing services include:
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au