Terms of Service

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES. IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.


Schedullo Pty Ltd reserves the right to update and change the Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on our website http://www.schedullo.com

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

This Agreement was last updated on January 11, 2015. It is effective between You and Us as of the date of You accepting this Agreement.


Supply

Schedullo Pty Ltd (ABN 65 604 839 661) (refer to as “Schedullo” or “Us”) agrees to supply services (the “Services”) to the Customer on these standard terms and conditions (“Terms”). All Services are provided on these terms.


Definitions

“We,” “Us” or “Our” means Schedullo Pty Ltd located 9/1 Rocklands Road, Wollstonecraft, NSW 2065, Australia.

“You” or “Your” means the company or other legal entity for which you are accepting this Agreement. “Services” means the products and services that are ordered by You under a free trial or an Order Form and made available online by Us.

“Your Data” means electronic data and information submitted by or for You to the Services or collected and processed by or for You using the Services.


Free trial

If You register on our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s), or (b) the start date of any Service subscriptions ordered by You for such Service(s).

Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.


Account Terms

  • You must be 18 years or above to purchase the Services.
  • You must provide full identifications to purchase the Services. Full identification should be at least a first name, a surname and a valid email address.
  • One login must be used by one person only. Should We identify that application logins are shared across multiple persons, your access may be suspended or limited without notice.
  • You are responsible for maintaining the security of your account and password. Specifically. You should make every attempt to keep your password(s) in a secure location.
  • You are responsible for the content posted under your account.
  • We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

No representations

The Customer acknowledges that Schedullo has not made any warranty or representations, express or implied, in relation to the Services, including whether they are suitable for a particular purpose whether such purpose was made known to Schedullo or not.


Use of Applications that are bound by additional contracts

We provide the use of various application software products that are the property of their respective owners. By using an application provided by Us, you agree to be bound by the terms of service and/or license of the relevant product owner and/or product. The terms of service and/or license of the owner(s) of the application.


Fees and payment for service

Purchase price for the Services is set at the time of entering the contract.

The fee for your Services is charged in arrears on the 1st working day of each month except when an annual contract has been purchased in which case the Services fee will be paid upfront and covers the contract period.

If you have provided your credit cards details, your card will be charged on 14th day of the month.

All fees are exclusive of taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties.

If any invoiced amount is not received by Us by the due date, then without limiting our rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in this section.


Suspension of Service

If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 10 days’ prior notice that Your account is overdue by email.


Modification of pricing

Schedullo reserves the right to modify or discontinue temporarily or permanently the service or part of the service with notice provided by email within a reasonable timeframe.

Prices of existing contracts may be changed each year on the 1st July. Schedullo will inform customers at least 30 days before the increase by email.


Cancellation or Termination of the contract

You can cancel your service at any time by sending a request to info@schedullo.com or by sending us a letter to our main mailing address. A phone request to cancel your account is not considered cancelation. Alternatively, you can connect to your customer portal and cancel your subscription.

For yearly contract, any pre-payments will be lost and will not be reimbursed.

Cancelation or termination of the contract must be received by Us 10 working days before the next billing cycle.

Contracts will only be cancelled from the renewal date. If You have a monthly contract, your contract will be terminated on the following month as long as your request has been received 10 working days prior to the start of the billing cycle.

Schedullo in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Schedullo reserves the right to refuse service to anyone for any reason at any time.


General Conditions

he service is provided on an “as-is” basis. We do not provide any uptime guarantee.

Support for the Service is provided for a fee. We do not provide free support.

Schedullo uses third party vendors to provide the necessary software, hardware, networking, storage and related technology to run the service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Services.

  1. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  2. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  3. You must not transmit any worms or viruses or any code of a destructive nature.
  4. You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: the use or the inability to use the service 2. unauthorized access to or alteration of your transmissions or data 3. statements or conduct of any third party on the service; 4. or any other matter relating to the service.
  5. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Us) of other customers of the Services, We reserve the right to immediately disable your account or limit your bandwidth to limit the impact on other customers.

Data protection & ownership

You must maintain copies of all Data inputted into the Service. We adhere to best practice policies and procedures to prevent data loss, including at minimum a system data back-up regime which includes a full backup of your application daily and regular incremental data backup, but does not make any guarantees that there will be no loss of Data. We expressly excludes liability for any loss of Data no matter how caused.

We can attempt to restore Your Data if there is any loss or damage but does not guarantee successful restoration of all Your data or in its most recent state. This process will take at minimum one business day to complete. If the loss or damage of Your Data has been caused by You, there will be a cost associated with this service.

If You decide to terminate your Services, you will be able to take Your Data with You. You can either export Your Data directly from the application(s) or ask our support team to assist you. Assistance provided by our support team may incur a cost depending on the amount of Data and hours required to complete the export of Your Data.

When terminating or cancelling your Agreement, You data and all copies of it will be deleted after 7 days. This is an irreversible action.

We do not own the data generated within the Services. We do not claim any property rights over the material you create or generate as part of the Services.


Governing Law

These Terms are governed by and construed in accordance with the laws for the time being in force in the State of New South Wales (Australia) and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales (Australia)