Terms of Use

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B-eazy’s Terms of Use

Welcome to B-eazy, an online expense management and bookkeeping service designed especially for sole traders, small businesses and project managers. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to you from the time that B-eazy provides you with access to the Service.

The B-eazy Services will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the B-eazy Service. B-eazy reserves the right to change these terms at any time, effective upon the posting of modified terms and B-eazy will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 6 February 2014.

* DEFINITIONS
“Agreement”
means these Terms of Use.
“Access 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 B-eazy may change from time to time on notice to You).
“Confidential Information”
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.
“Data”
means any data inputted by You or with Your authority 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.
“Service”
means the online expense management and bookkeeping services made available

(as may be changed or updated from time to time by B-eazy) via the Website.
“Website”
means the Internet site at the domain www.beazy.com.au or any other site operated by B-eazy.
“B-eazy”
means B-eazy Limited which is a Australian non listed public company and all current and future global subsidiaries of B-eazy Limited. 
“Invited User”
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
“Subscriber”
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You”
means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

* USE OF SOFTWARE
B-eazy grants you the right to access and use the Service via the Website with the particular user roles available to you according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

* The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

* The Subscriber is responsible for all Invited Users’ use of the Service;

* The Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

Relevance of terms and conditions:

B-eazy products are re-brandable; as such you understand that these terms and conditions apply to B-eazy products regardless of the name you are familiar with for the product. All rebranded products fall under the same terms and conditions.

Your obligations

Payment obligations:

B-eazy is a subscription-based service. An invoice for access will be issued weekly, monthly or annually depended on the payment plan you elect to subscribe to. All invoices will include the access fee for the proceeding period corresponding to the elected payment plan. Invoicing on behalf of B-eazy will continue until this agreement is terminated or expires. Invoices will be sent electronically to the nominated email address. Payment of outstanding invoices is expected within 10 business days of the invoice date. You are responsible for payment of all taxes and duties in addition to the periodic access fee.

General obligations:

All B-eazy owned products and affiliated products are only to be used for your own lawful internal business purposes, as per these terms and conditions and/or any other correspondence presented by B-eazy. Any situation whereby you utilize B-eazy services on behalf of another, it is your responsibility to ensure that you are authorized to do so and that all actions comply with these terms and conditions.

Automated Bank transaction data delivered into your B-eazy account:

If you elect to adopt the automated bank feed data delivery to your bank account then you acknowledge and accept the following:

1) The services is provided as part of the B-eazy suite but B-eazy reserves the right to pass on any charges related to provision of the data feed on a case-by-case basis at B-eazy’s description.

2) Any charge relating to the automated bank feed transfer would be preceded by a communication informing you of the likely incurred cost.

3) The automated data transfer can be discontinued at your demand so long as sufficient prior knowledge is provided. B-eazy will work with the banking provider to cease the transfer as per the bank’s particular usual practices.

The banking providers control all bank feeds, as such B-eazy and the banking provider will determine the rate of transfer. B-eazy is not responsible for any delay, stoppage or infrequency of the banking feed transfer.

Access conditions

It is your responsibility to ensure that usernames and passwords used for accessing the B-eazy product suite are kept secure and confidential. In the event of unauthorized access to your account, you must immediately notify B-eazy of the security breach. You must also comply with any other actions deemed necessary to maintain and enhance the security of the all related products.

You hereby agree to:

1) Not seek to disrupt or undermine the security, integrity or performance of B-eazy’s systems or network. This is inclusive of any third party computing systems utilized by B-eazy products.

2) Never, transmit or upload into the B-eazy systems or affiliated systems, any files that may damage computing devices or software, content of an offensive nature or any material in violation of any legislation.

3) Never, attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any programs or services delivered as part of the B-eazy suite.

Usage limitations:

B-eazy tries not to impose usage limitations on the usage of its services, however B-eazy reserves the right to enact limitations of usage e.g. monthly transaction volumes if deemed appropriate. You would be notified of any imposed limitations.

Communication conditions:

Any communication sent by you through a B-eazy provided service must be for lawful and legitimate purposes. B-eazy communication facilities must not be used for decimating material that is unrelated including but not limited to: unsolicited commercial e-mails, offers for good and services for sale, malicious for offensive fields and/or any content in violation of any law. B-eazy is not responsible for validating any of the content sent through its services by its customers. B-eazy reserves the right to remove and/or report any content it deems in violation of these terms.

Indemnity:

By agreeing to these terms and conditions you indemnify B-eazy against all claims, costs, damage and loss resulting from your breach of these terms and conditions. You agree to fulfill any obligations you may have to B-eazy, including (but not limited to) costs relating to the recovery of fees that are due but have not been paid by you.

Confidentiality and Privacy

Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

Each party will preserve the confidentially of all confidential information of the other obtained in connection with these terms and conditions. You agree to never, without prior consent, disclose or share confidential information to any person.

Each party’s obligations under this cause will survive termination of these terms and conditions.

The above provisions do not apply is the in question information becomes public knowledge other than by breach or is received by a third party and attain lawfully and who is not obligated to restrict disclosure.

Privacy

General:

All intellectual property rights in relation to the services, website, documentation etc. owned by B-eazy, including title to, remain the property of B-eazy.

Ownership of data:

You remain title to all intellectual Property Rights in the services provided by B-eazy. Your access to the data is contingent on your compliance with agreed payment obligations. You agree to allow B-eazy to copy, use, transmit, store and back up your information and data in order to enable your access and functional use of the services.

Backup of data:

It is your responsibility to ensure you maintain copies of all data inputted into the B-eazy services. B-eazy implements and adheres to its best practice policies and procedures to ensure your data is secure and safe. This includes daily system back up protocols. However, in the unlikely event of loss of data, B-eazy

expressly excludes liability for the event or the result regardless of the cause of the loss.

Third-party applications and your data:

In the event that you enable third-party applications for use in conjunction with B-eazy services, you permit that B-eazy may allow third party applications to access your data for the purpose of integration and service delivery of such third party applications and the B-eazy services as a whole.

Warranties and acknowledgements

Authority:

You accept and acknowledge that in the event that you have registered to t use a B-eazy service on behalf of another individual that you have authority to agree to these terms and conditions. In so doing you bind the person on whose behalf you act to these terms and conditions without limiting your own personal obligating to these same terms.

Acknowledgement: You acknowledge that:

You are authorized to use B-eazy services and to access the information and data that you input into the services. This is inclusive of any information entered on your behalf by person or person’s you have given authorized to use the service.

B-eazy limits its responsibility to you and you alone. B-eazy does not actively seek to benefit anyone other than you. If you utilize B-eazy services on behalf of someone other than yourself you agree that:

You are responsible for authorizing any person given access to information and data and that you have the right to do so. Furthermore, you indemnify B-eazy against any claims or loss relating to:

B-eazy’s refusal to provide any person access to your information or data in accordance with these terms.

B-eazy’s making available information or data to any person with you authorization.

Provision of, access to, and use of, the services is on an “as is” basis and at your own risk

B-eazy does not guarantee that the use of the services will be uninterrupted or error free.

It is solely your responsibility to determine that the B-eazy provided Services meet the needs of your business and suitable for the purposes for which they are used for.

No Warranties:

B-eazy does not provide a warranty covering the services provided. B-eazy does not warrant that the provided services will meet your requirements or that it will be suitable for any particular purpose.

Customer guarantees:

Limitation of liability:

To the maximum extent permitted by, law B-eazy excludes all liability and responsibility to you (or any other person) in contract, tort (including

negligence), or otherwise, for any loss or damage resulting, directly or indirectly from any use or reliance on, the B-eazy provided services.

If you suffer loss or damage as a result of B-eazy’s negligence or failure to comply with these terms and conditions, any claim by you against B-eazy arising from B-eazy’s negligence or failure will be limited in respect of any on incident, or series of connected incidents, to the access fees paid by you in the previous 12 months.

Termination

Trial policy:

If you elect to continue using a trial service beyond the allotted time period more you upgrade to a paid subscription you will be billed from the day your subscription changes from ‘trial’ to ‘paid’. You will be invoiced periodically, dependent on your chosen plan type.

No-fault termination:

These terms are continual through each billing period provided you continue to make payment on all fees when due. If either part elects to terminate the agreement notice must be given 30 days before the end of the current billing period. Upon termination you will be charged only until the end of the current billing cycle. It is your responsibility to pay all outstanding fees before your account can be officially close.

Breach:

If you for any reason breach these terms and do not remedy the breach with 14 days, given the breach is remediable B-eazy with exercise its discretion to (but not limited to):

1) Terminate the agreement and your use of B-eazy services.

2) Suspend for a definite or indefinite period of time, your access and use of the services.

3) Suspend or terminate access to all or any data.

Accrued Rights:

On termination of this agreement you will remain liable for any accrued charges and amounts, which become due for payment before or after termination and immediately cease to use the B-eazy provided services.

Help desk

Technical Problems:

In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting B-eazy. B-eazy provides access to a self-services help desk with each subscription; this should be first point of call for technical queries. Failing to find the answer to your query in the help desk, contact B-eazy directly on admin@nullgcpgroup.com.

Service availability:

Whilst B-eazy intends that the services should be available 24 hors a day, seven days a week, it is possible that on occasions the services may be unavailable to permit maintenance or development activity to be undertaken. Should B-eazy

need to interrupt services B-eazy would normally expect, B-eazy will use reasonable endeavors to publish in advance details of such activity.

General:

Entire agreement:

These terms and conditions and any other terms, notices or instructions provided to you under these terms of use, supersede and extinguish all prior agreements and constitute the agreement between you and B-eazy relating to the services and other matters dealt with in these terms.

Waiver:

All valid waivers must be in writing from B-eazy. If either party waives any breach of these terms, it will not constitute a waiver of any other breach.

Delays:

B-eazy is not liable for any delay or failure in performance of its obligations under these terms if the delay or failure is the result of any cause outside B-eazy’s reasonable control. No delay or failure of services removes the obligation of you the customer to pay for services as per your subscription.

No Assignment:

No transfer or reassignment of rights by you to any other person is valid without B-eazy’s prior written consent.

Governing law and jurisdiction:

If the information or data you are accessing using the services and the website is solely that of a person who is a tax resident in Australia at the time that you accept these terms and conditions then Australian law governs the is agreement and you submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this agreement.

Rights of third Parties:

A person who is not a party to these terms and conditions has no right to benefit under or to enforce any term of these Terms.