Catria Solutions Terms of Use

Last updated 1st March 2018

Introduction

Catria Solutions Pty Ltd ( “Catria Solutions”, “we”, “us”, “our”) agree to supply services (“the Service”) to you, the Customer, in return for the payment of the price for those Services and according to these Terms.
These Terms are binding on any use of the Service and apply to you from the time that Catria Solutions provides you with access to the Service.
We reserve the right to change these terms at any time, effective upon the posting of modified terms on the Website. If you do not wish to continue using the Service under a new or modified version of these terms you may terminate the service by provided notice in accordance with the notice provisions of these terms.
By registering and using the Service you acknowledge that you have read and understood the Terms.

1. Definitions in these Terms

“Catria Solutions”
Referred to herein as “we” or “us”
“Data”
Means any documents, information or files inputted into the Service by you or your customers.
“Effective Date”
Means the date upon which this Agreement is accepted by the customer.
“Fees”
Means all amounts invoiced to you by Catria Solutions for the Services.
“GST”
Means a goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth).
“Price”
All prices are exclusive of GST, and any other applicable taxes.
“Services” or “Service”
Mean the services provided to Subscriber by Catria Solutions via the Website.
"Subscriber" or “You” and “Your”
Means the person, business or company that is the purchaser of the Service.
"Term”
Means the term of this Agreement which shall begin on the Effective Date and continue until the Agreement is terminated in accordance with these terms.
“Website”
Means the internet site or any other site operated by Catria Solutions.

2. Use of Service

2.1. These terms govern your access to and use of the Services.

2.2. Catria Solutions grants you a non-exclusive license to access and use the Service limited by and subject to the provisions of this Agreement. The license is non-transferable and will be fully paid up upon your payment of the Fees.

3.3. Warranties and Acknowledgments

3.1. You warrant that:
a. where you are a natural person registering to use the Service on your own behalf, that you are of a legal age to form a binding contract;

b. where you are registering on behalf of another person, you are not a computer service or automated “bot”, and you have the authority to agree to these Terms 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 these Terms, without limiting your own personal obligations under these Terms. In these circumstances references to “you” and “your” shall be taken to include that organisaton or entity;

c. you will provide us with accurate and complete information about yourself;

d. you will only use the Service for your own business and will ensure that your access credentials are protected at all times from unauthorized access or use by third parties;

e. you must only use the Service and Website for your own lawful internal business purposes;

f. you will not attempt in any way to undermine the security or integrity of Catria Solutions servers or networks;

g. you will not transmit, or input into the Website, any files that may damage any other person’s computing devices or software, any content that may be offensive or material in violation of any law;

h. you will not duplicate, modify, reverse compile or reverse assemble the software used in the Service in whole or part and must not allow or cause, directly or indirectly, any third party to do so; and

i. you will not do anything that is prejudicial to Catria Solutions’ reputation or will bring it into disrepute or damage its goodwill.


3.2. You acknowledge that:

a. you are authorised to use the Service and the Website and to access the information and Data that you input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to you through your use of the Website and the Services (whether that information and Data is your own or that of anyone else);

b. Catria Solutions has no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that you are responsible for ensuring that you have the right to do so;

c. the provision of, access to, and use of, the Services is on an "as is" basis and at your own risk.. Without limiting the foregoing, Catria Solutions may update the Service from time to time at its discretion. If Catria Solutions changes the Services in a manner that materially reduces its functionality, we will notify you via the contact details associated with your account and you may provided notice within 14 days of the change to terminate the agreement;

d. Catria Solutions does not warrant that the use of the Service will be uninterrupted or free from inaccuracies, errors or bugs. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Catria Solutions is not in any way responsible for any such interference or prevention of your access or use of the Services;

e. it is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used; and

f. you remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

3. Catria Solutions gives no warranty about the Services. Without limiting the foregoing, Catria Solutions does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose.

4. Intellectual Property


4.1 Title to, and all Intellectual Property Rights in, the data remain your property. Access to the data is contingent on full payment of any Catria Solutions invoice when due. You grant Catria Solutions a license to use, copy, transmit, store and backup your information and data for the purpose of enabling Catria Solutions to provide the service to you and improve the Service.

5. Backups

5.1. You must maintain a backup copy at all times of any data that you input into the Service. Catria Solutions uses best practices to prevent loss of data, but does not make any guarantees that there will be no loss of data. Catria Solutions will not be liable for any loss of Data no matter how that loss is caused.

6. Liability and Indemnity

6.1. If you are a consumer for the purpose of the Australian Consumer Law certain guaranties, to the maximum extent permitted by law our liability to you is limited at our option to:
a. In the case of services:
i. Resupply of the services; or
ii. Payment of the cost of resupplying the services.
b. in the case of goods:
i. replacement of the goods or the supply of equivalent goods;
ii. repair of the goods;
iii. payment of the cost or replacing the goods or acquiring of equivalent goods; or
iv. payment of the cost of having the goods repaired.

c. Catria Solutions will not be liable to you or any third party for any indirect or consequential loss, including any loss of profits, interest, goodwill or data, or for any injury or death to any person whether such loss or damage arises directly or indirectly as a result of the supply, performance or use of any Products or services.

6.2. If you are not satisfied with the Service, your sole and exclusive remedy is to give notice terminating your use of the Service in accordance with Clause 9.

6.3. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Catria Solutions, its officers, employees and agents, from and against any third party claim arising from or connected with your use of the Service.

6.4. The warranties and indemnities contained in this clause 7 are continuing obligations and shall survive the termination of this agreement.

7. Payment

7.1. You will pay Catria Solutions all applicable fees for the Services. You authorise Catria Solutions to charge you for all applicable fees using your selected payment method.

7.2. You will pay invoices on the payment interval set out in the order form. Catria Solutions will continue to send invoices every 30 days until you terminate your agreement in accordance with these terms.

7.3. All Prices are in Australian Dollars unless specified and based on your origin tax may be payable in addition to the stated price.

7.4. If your direct debit fails for any reason your Service may be suspended until the account is brought up to date.

7.5. We may allow a trial period of our Service to be used before you are required to make a payment. We reserve the right, in our absolute discretion, to determine your eligibility for such trial period and to withdraw or modify the trial period at any time and without any liability, to the greatest extent permitted under the law.

6. In order to be eligible for some trial periods we may require you to provide your payment details at the commencement of the trial period. At the end such trial periods we may automatically charge for the applicable Service on the first day following the end of the trial and on a recurring monthly basis thereafter. By providing your payment details in the process of commencing your trial period you agree to this charge using the payment details you provided. Once a charge has been applied for the applicable Service, we will not refund any fees that you have already paid, except in accordance with these terms.

7. The price advertised might not be the same price charged to the credit card account due to exchange rate fluctuations. This means that because we are based in Australia we have to convert your purchase to Australian dollars at the exchange rate on the day it is processed. We use our bank's exchange rates.

8. You must not withhold payment or make any deductions of any nature whether by way of set off, counterclaim or otherwise from any amount you owe us.

9. We can alter the terms of payment with effect from the date that we notify you of such change.

8. Returns and Refunds

8.1. Returns are not applicable as our products are delivered electronically.

8.2. Any customisation of the Service for you is payable before delivery and is non-refundable. Please view our Credit Card Payment Terms for more information (https://www.clouddepot.com/payment-terms)

9. Term and Termination

9.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms , we may terminate your right to access and use the Service at any time without notice and you will remain liable for all amounts due up to and including the data of termination; and/or accordingly may deny you access to our Services (or any part thereof).

9.2. If for any reason you initiate a credit-card charge-back, Catria Solutions may terminate your account without notice.

9.3. If payment of any invoice from Catria Solutions is not made in full by the relevant due date, Catria Solutions may suspend or terminate your use of the Service.

9.4. You will be required to give minimum 30 days’ notice for cancellation of Service via either email to our support email at support@clouddepot.com or support@myaccountingtoolbox.com

10. Use of Information

10.1. Catria Solutions takes the privacy of its users very seriously.

10.2. If you are a natural person, you have rights under the Privacy Act 1958 (Cth) and/or the General Data Protection Regulation (GDPR) access and request the correction of any personal information that we hold about you. Please read our Privacy Policy for more information.

11. General

1. These terms apply to all transactions where we supply Services to you. If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail to the extent of any inconsistency.

2. You may not transfer or assign your rights or obligations under these terms without our prior written consent.

3. In the event that any part or parts of these Terms shall be held void, illegal or unenforceable by any court or administrative body of competent jurisdiction, it may be severed without affecting the enforceability of the remaining terms which shall remain in full force and effect as if such part or parts held to be void, illegal or unenforceable had not been included in these Terms.

4. Our contract with you and its terms are governed by, and shall be construed in accordance with, the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the Courts of the State of New South Wales.

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