Terms of Service

UNREVIEWED — pending legal review. This draft has not been reviewed by a qualified Australian legal practitioner. Do not enable public signups until it has been. The operator's legal entity name, ABN and registered address must be confirmed at review and are referred to below as "we", "us" and "Stagerator".

These terms form a binding agreement between you and Stagerator, the operator of stagerator.com, covering your use of the Stagerator service. By creating an account, or by continuing to use the service after we publish updated terms, you agree to them on behalf of the organisation you represent.

If you are agreeing on behalf of an organisation, you confirm you are authorised to bind that organisation. In these terms "you" means that organisation.

1. Definitions

Service — the Stagerator web application, its mobile surfaces, and any associated APIs and documentation we make available.

Customer Data — all data you or your users put into the Service, including inventory records, customers, quotes, jobs, photographs and notes.

Organisation — the tenant workspace created for you when you sign up.

Plan — the subscription tier you select, with the limits published on our pricing page at the time you subscribe.

2. The Service and your account

We grant you a non-exclusive, non-transferable right to access and use the Service during your subscription, for your own business purposes, subject to these terms.

You are responsible for your users' activity, for keeping credentials secure, and for telling us promptly if you believe an account has been compromised. Each user must have their own login; credentials must not be shared.

Your Plan sets limits on branches, user seats and stock items. We enforce those limits within the Service. If you need more, upgrade your Plan.

3. Trials

We may offer a free trial. During a trial, the Service is provided as-is and we may change or end trial availability at any time. At the end of a trial your Organisation becomes read-only unless you subscribe to a paid Plan.

4. Fees, GST and payment

Subscription fees are those published for your Plan at the time you subscribe. Unless expressly stated otherwise, prices for customers in Australia are stated exclusive of GST, and GST is added at the applicable rate. Customers in New Zealand may have New Zealand GST applied where we are required to collect it. We issue a tax invoice for each payment.

Subscriptions are billed in advance on a recurring basis through our payment processor. By subscribing you authorise us to charge your nominated payment method on each renewal until you cancel. You may cancel that authority at any time by cancelling your subscription.

If a payment fails, we will notify you and attempt to collect again. If payment remains outstanding after a reasonable period we may restrict your Organisation to read-only access until the amount is paid. We will not delete Customer Data solely because a payment has failed.

We may change our fees. We will give you at least 30 days' notice before a change takes effect for your Organisation, and the change will apply from your next renewal. If you do not accept the change, you may cancel before it takes effect.

5. Renewal and cancellation

Subscriptions renew automatically for successive periods equal to the one you selected. You may cancel at any time through your billing settings. Cancellation takes effect at the end of the period you have already paid for; we do not provide pro-rata refunds for a partly used period except where a refund is required by law.

6. Acceptable use

You must not use the Service to store or transmit unlawful material, to infringe another person's rights, to attempt to gain unauthorised access to our systems or another customer's data, to interfere with the operation of the Service, or to resell or provide the Service to a third party except as expressly permitted for your own end customers.

We may suspend access where we reasonably believe conduct is causing, or is likely to cause, harm to the Service or to another customer. Where practicable we will tell you first and give you an opportunity to remedy the issue.

7. Intellectual property

We own the Service, including its software, design and documentation, and all associated intellectual property. Nothing in these terms transfers that ownership to you.

You own your Customer Data. You grant us a limited licence to host, process, transmit and display Customer Data solely to provide and support the Service, to keep it secure, and as otherwise permitted by these terms and our Privacy Policy.

If you send us feedback or suggestions, we may use them without obligation to you.

8. Security and your responsibilities

We maintain security measures appropriate to the nature of the Service, described on our security page. You remain responsible for the accuracy and lawfulness of the Customer Data you put into the Service, for having any necessary consents from the individuals whose personal information you upload, and for configuring user access appropriately within your Organisation.

9. Privacy and data processing

Our handling of personal information is described in our Privacy Policy. Where we process personal information on your behalf, the Data Processing Addendum applies and forms part of these terms. Our current list of subprocessors is published, and we will give notice of changes as set out in that Addendum.

10. Consumer guarantees, warranties and liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, or any other law where doing so would be unlawful. Where those guarantees apply and cannot be excluded, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.

Subject to the paragraph above, and to the extent permitted by law:

• the Service is provided without warranties beyond those expressly given here;
• neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings; and
• our total aggregate liability arising out of or in connection with these terms in any 12-month period is limited to the fees you paid us for the Service in that period.

Nothing in this clause limits either party's liability for death or personal injury caused by negligence, or for fraud.

11. Term, suspension and termination

These terms apply while you hold an account. Either party may terminate for material breach that is not remedied within 30 days of written notice. We may suspend or terminate immediately where required by law or where your use poses an immediate risk to the Service or to others.

12. What happens to your data when you leave

On cancellation or termination you may export your Customer Data through the Service. We retain Customer Data for a limited period after your subscription ends, as set out in our Privacy Policy and the Data Processing Addendum, and then delete it. You may request earlier deletion.

We may retain records we are required by law to keep, and backup copies that are overwritten on our ordinary backup cycle.

13. Changes to these terms

We may update these terms. Where a change is material we will publish the new version and require an administrator of your Organisation to accept it before continuing to use the Service. Superseded versions remain published so you can see what you agreed to and when. Minor corrections that do not change your rights or obligations may be published without requiring re-acceptance.

14. General

These terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State and the courts able to hear appeals from them. If you are in New Zealand, nothing in this clause prevents you from bringing proceedings you are entitled by law to bring in New Zealand.

You may not assign these terms without our consent. We may assign them as part of a sale or reorganisation of our business.

If any provision is found unenforceable, the rest continues to apply.

These terms, together with the Data Processing Addendum and the Privacy Policy, are the entire agreement between us about the Service.

15. Contact

Questions about these terms can be sent to the contact address published on stagerator.com.