Terms of Service
"Tradiecore" enables users to run a job management tool that will include features such as quoting, scheduling, invoicing, CRM, billing and payment integration functions and the underlying infrastructure hardware, software, network storage and related technology required to run the service (the Service ).
In this Agreement, “we” “our” and “Tradiecore” refer to Ninety Nine Pty Limited, ACN 156 042 232, of Level 10, 255 Pitt Street, Sydney, NSW 2000.
The terms “you” and “your” refer to you. If you are creating an account in order to use the Services on behalf of your organisation, then you are agreeing to this Agreement for that organisation and confirming that you have the authority to bind that organisation to this Agreement.
You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information and promptly update this information if it changes. If you provide any information that is or becomes inaccurate or incomplete, or we have reason to believe that the information is or becomes inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
Only authorized users may use your account to use the Service and conduct other activities with us. You are responsible for all activities that occur through your account. To protect your account from unauthorized use, keep your user identification and password secure and ensure your authorized users do the same. You need to notify us immediately of any unauthorized use of your account or any other breach of security. If there is unauthorized use by anyone who obtained access to the Service directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use.
You will cooperate and assist with any actions taken by Tradiecore to prevent or terminate unauthorized use of the Service.
Subject to the terms and conditions of this Agreement, Tradiecore grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of this Agreement for the use of the Service by you and your authorised users solely in connection with your internal business operations.
Fees and Payment
You agree to pay fees in accordance with the then-current applicable rates for the Service and/or subscription selected by you. You authorize Tradiecore (either directly or through its third party payment processor) to charge the credit card identified by you (which you represent and warrant that you are authorized to use) for all applicable fees for your Service and/or subscription, including all applicable taxes.
You agree that you are responsible to ensure that your account has a sufficient positive balance to cover all fees due. If Tradiecore does not receive payment from your credit card provider you agree to pay all amounts due upon demand, and Tradiecore may suspend your access to the Service until this has been done.
All sales are final and Tradiecore will not issue refunds except as expressly provided in this Agreement. You will promptly reimburse Tradiecore for any costs incurred in connection with collection of past-due amounts, including any applicable legal fees, and Tradiecore may, as a result of late payment, among other remedies available to it, discontinue its provision of the Service to you in accordance with this Agreement.
Whilst Tradiecore intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasion the Service or platform may be unavailable to permit maintenance or other development activity to take place, or for reasons outside our control.
If for any reason we have to interrupt the Services for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity, typically by email.
We welcome your feedback regarding your experience using the Service, including feedback on its functionality and features, any errors, bugs, or other problems or difficulties you encounter in using the Service and any suggestions for improvement of the Software.
You agree that Tradiecore will own all feedback provided by you including all intellectual property rights in such feedback and that Tradiecore can use, or not use, such feedback at its absolute discretion. Where Tradiecore does use such feedback, you agree that Tradiecore can share, reproduce, distribute and/or commercialise such feedback without any further reference or payment to you.
From time to time Tradiecore may offer you access to an alpha, beta, or limited release version of the Service for a period of time to be determined by Tradiecore (Trial Version).
You may choose to use the Trial Version at your absolute discretion. If you choose to use the Trial Version, in addition to the other terms of this Agreement you further acknowledge and agree that:
(i) the Trial Version is still under development, is not yet ready for commercial release and may contain errors, flaws or other problems;
(ii) the Trial Version is provided on an “as is” and “as available” basis and, in return for allowing you to use the Software without payment of a licence fee, Tradiecore excludes all liability in connection with the use of the Trial Version by you or any other party, and
(iii) except as required by applicable laws, Tradiecore excludes all warranties, express or implied, concerning the Trial Version , its performance, and its suitability for any particular purpose.
By agreeing to use the Trial Version, you are under no obligation to continue to use the Services at the end of the trial period, or to acquire a paid version of the Service.
Paid subscriptions: are six monthly or annual unless otherwise agreed. The term of your subscription, including the obligation to pay the applicable Service subscription fees, will automatically renew for additional successive terms of the same duration unless terminated as specified in this Agreement or the terms of your Service subscription, as appropriate.
Term and Termination
This Agreement comes into effect from the time you agree to access the Trial Version, use the Service, or enter into any Service subscription, as appropriate.
This Agreement will remain in effect unless and until terminated by either party in accordance with the terms of this Agreement.
You may terminate your access to the Trial Version at any time on written notice to Tradiecore.
Subject to the specific terms of your Service or Service subscription and the payment of any applicable termination fees, you can terminate your Service or Service subscription or cancel any auto-renewal of your Service or Service Subscription on written notice to Tradiecore.
For the purposes of providing notice of termination, notice via email to Tradiecore at firstname.lastname@example.org will be deemed sufficient.
Tradiecore may terminate this Agreement at any time upon 30 days’ prior written notice and will refund to you a pro-rata portion of any unused, prepaid fees.
We may immediately, without notice, suspend or terminate your access to the Service and terminate this Agreement for any of the following reasons:
(a) you breach any provision of this Agreement;
(b) you seek to hack the security mechanisms of the Service or we otherwise determine that your use of the Service poses a security risk to us or to another user of the Service;
(c) you introduce a malicious program into the network or a virtual machine instance;
(d) you cause network interference that affects Service performance for other customers;
(e) you use the Service in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or
(f) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Service for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
If this Agreement is terminated for any reason:
(a) you will pay to Tradiecore any fees or other amounts that have accrued prior to the effective date of the termination and/or any early termination fees if appropriate;
(b) any and all rights and liabilities accrued prior to the effective date of the termination will survive; and
(c) the following sections will survive: Confidentiality, Privacy and Limitation of LIability
Following termination and upon your request and subject to any specific restrictions applicable to you or your data, Tradiecore will make reasonable efforts to export and provide to you in electronic format the information you have uploaded to the Service (service fees may apply), but Tradiecore is not obligated to retain that information following any termination and makes no representation to the integrity, completeness or timeliness of any data so exported
You must comply with all applicable laws, including privacy laws, when using the Service;
For the avoidance of doubt, you will be responsible for notifying parties that telephone calls are being recorded, to the extent required.
Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) modify or reverse engineer any portion of the Service; (b) rent, lease, or otherwise permit any third party to use any portion of the Service; (c) circumvent or disable any security or other technological features or measures of any portion of the Service; (d) use the Service in a manner that threatens the integrity, performance, or availability of the Service; nor (e) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service.
Except for the rights to access the Service expressly granted to you in this Agreement, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws.
Subject to the other provisions of this Agreement, each party agrees with the other not to disclose or permit to be disclosed either directly or indirectly in any manner whatsoever confidential information of the other party to any person other than a person to whom such disclosure is necessary to give effect to this Agreement.
Your consent to disclosure shall be deemed given in the event that you access Tradiecore or your Tradiecore data through a third party application, solely with respect to disclosure in connection with your use of such third party application. If Tradiecore is required by law to disclose any of that information or material, Tradiecore will make reasonable efforts to provide you prompt written notice of that requirement prior to disclosure. Further, if you register for the Service through a referral or other promotional partner or through an industry or trade group with whom we have a commercial relationship, we may disclose information about your account to that referral partner or industry group in connection with that commercial relationship. For the avoidance of doubt, however, Except as permitted under this Agreement, Tradiecore will not directly contact your customers or make personally identifying or contact data regarding your customers available to any third party without your consent. Such consent will be deemed given, however, in the event that you access Tradiecore or your Tradiecore data through a third party application, solely with respect to disclosure in connection with your use of such third party application.
Limitation of Liability
To the extent permitted by law, in no event shall either party have any liability arising out of or related to the Service or this Agreement for any lost profits, revenues, goodwill or indirect, special, incidental, consequential, cover, lost data, business interruption, or punitive damages, even if a party has been advised of the possibility of such damages.
In no event will Tradiecore’s aggregate liability to you arising out of or related to the Service or this Agreement exceed the amounts paid or payable by you for the Services giving rise to the liability during the period of twelve (12) months preceding the first incident out of which the liability arose.
You agree to defend, indemnify and hold harmless Tradiecare and its related bodies corporate, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
You will notify us in writing at email@example.com in event that you dispute any fees or other charges paid or payable by you under this Agreement or have any other dispute under this Agreement.
Changes to these terms
We may update these Terms from time to time. We will provide you with prior written notice of any material updates at least (30) days in advance of the effective date provided, however, we may not be able to provide at least (30) days written notice of material updates that result from changes in law or regulation or the requirements of any legal or regulatory body.
Following such notice, your continued use of the Services on or after the effective date of the updated version of these Terms constitutes your acceptance of such updated Terms. If you do not agree to the updated version of these Terms you must stop using the Services immediately.