1. Agreement
These Terms and Conditions govern your access to and use of the CLIENTee platform, website, mobile applications and related services (“Service”) operated by CLIENTee Pty Ltd (“CLIENTee”, “we”, “us”, “our”).
By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
We may update these Terms from time to time. Continued use of the Service after changes are published constitutes acceptance of the updated Terms.
2. Definitions
Account means a registered account to access the Service.
Customer means the organisation or individual that subscribes to the Service.
User means any person using the Service under a Customer account.
Customer Data means any data, messages, files, contacts or information uploaded or stored in the Service.
Service means the CLIENTee communication platform and related services.
Subscription means a paid plan to access the Service.
3. The Service
CLIENTee provides a cloud-based communication and messaging platform designed for business communication, project communication and customer communication.
We may modify, update or improve the Service at any time. We do not guarantee that all features will always be available or uninterrupted.
We may perform maintenance, upgrades or emergency maintenance which may temporarily affect availability.
4. Accounts and Users
To use the Service, you must create an Account.
You agree to:
- Provide accurate information
- Keep login credentials secure
- Be responsible for all activity under your account
- Notify us of unauthorised access
Customers are responsible for:
- Managing their users
- Setting permissions
- Ensuring users comply with these Terms
- All activity performed by their users
5. Acceptable Use
You must not use the Service to:
- Send unlawful, abusive, defamatory or offensive messages
- Send spam or unsolicited communications
- Upload malicious software or viruses
- Attempt to hack, disrupt or damage the Service
- Infringe intellectual property rights
- Store illegal content
- Reverse engineer the platform
- Use the Service for unlawful purposes
We may suspend or terminate accounts that breach this section.
6. Subscription, Fees and Billing
Use of the Service may require a paid Subscription.
You agree that:
- Fees are payable in advance unless agreed otherwise
- Fees are non-refundable unless required by law
- We may change pricing with notice
- Late payments may result in suspension
- Subscriptions renew automatically unless cancelled
- You are responsible for applicable taxes including GST
We may suspend accounts for non-payment.
7. Customer Data and Privacy
Customers retain ownership of all Customer Data uploaded or stored in the Service.
By using the Service, you grant CLIENTee a licence to host, store, process and transmit Customer Data solely for the purpose of providing the Service.
We may access Customer Data:
- To provide support
- To maintain the Service
- For security purposes
- Where required by law
Our handling of personal information is governed by our Privacy Policy.
Customers are responsible for ensuring they have the right to upload and use Customer Data in the Service.
8. Intellectual Property
CLIENTee retains all intellectual property rights in the Service, including software, design, branding and platform functionality.
You may not:
- Copy the software
- Modify the software
- Reverse engineer the software
- Resell the platform without permission
- Create derivative works from the platform
Customers retain ownership of their Customer Data.
Any feedback or suggestions provided to CLIENTee may be used by CLIENTee without restriction.
9. Confidentiality
Each party agrees to keep confidential information confidential and not disclose it except:
- With consent
- To employees or contractors who need to know
- If required by law
Confidential information does not include information that is public or independently developed.
10. Service Availability and Support
We aim to provide a reliable Service but do not guarantee uninterrupted availability.
The Service may be affected by:
- Maintenance
- Internet outages
- Hosting provider outages
- Software updates
- Force majeure events
Support is provided via email or support channels during business hours unless otherwise agreed.
11. Warranties and Disclaimers
The Service is provided “as is” and “as available”.
To the maximum extent permitted by law:
- We do not guarantee the Service will be uninterrupted
- We do not guarantee the Service will be error-free
- We do not guarantee the Service will meet all requirements
- We are not responsible for internet outages
- We are not responsible for third-party services
Nothing in these Terms excludes consumer guarantees under Australian Consumer Law.
12. Limitation of Liability
To the maximum extent permitted by law, all liability exclusions, limitations, indemnities, disclaimers and protections contained in these Terms apply for the benefit of CLIENTee Pty Ltd and its directors, officers, employees, contractors, agents, shareholders, related bodies corporate and affiliates.
To the maximum extent permitted by law, CLIENTee will not be liable for:
- Loss of profits;
- Loss of revenue;
- Loss of business opportunity;
- Loss of goodwill;
- Loss of data;
- Business interruption;
- Any indirect, incidental, special, consequential or punitive loss or damage.
CLIENTee does not guarantee that messages, notifications or communications sent through the Service will be delivered, received, read or acted upon by any recipient and will not be liable for any loss arising from delayed, failed or unsuccessful delivery of communications.
CLIENTee provides the Service on an “as is” and “as available” basis and does not warrant that the Service will be uninterrupted, error-free or available at all times.
CLIENTee’s total aggregate liability arising out of or in connection with the Service or these Terms is limited to the fees paid by the Customer to CLIENTee during the twelve (12) months immediately preceding the event giving rise to the claim.
13. Indemnity
The Customer indemnifies, defends and holds harmless CLIENTee Pty Ltd and its directors, officers, employees, contractors, agents, shareholders, related bodies corporate and affiliates from and against any claim, demand, action, loss, damage, liability, cost or expense (including reasonable legal costs on a full indemnity basis) arising out of or in connection with:
- The Customer’s use of the Service;
- Any content, data, files, messages, images or information uploaded, transmitted, stored or distributed by the Customer or its users through the Service;
- Any breach of these Terms by the Customer or its users;
- Any breach of applicable laws, regulations or industry requirements by the Customer or its users;
- Any claim that content, communications or information provided by the Customer is inaccurate, misleading, defamatory, offensive, unlawful or infringes the rights of any third party;
- Any unauthorised collection, use, disclosure or processing of personal information by the Customer or its users.
The Customer is solely responsible for ensuring that it has obtained all necessary consents, permissions and legal rights to collect, upload, store, process and communicate any personal information or other data through the Service.
This indemnity survives termination or expiry of these Terms.
14. Suspension and Termination
We may suspend or terminate accounts if:
- Fees are unpaid
- These Terms are breached
- The Service is used unlawfully
- Continued use creates risk to the platform or other users
Customers may cancel their Subscription at any time.
Upon termination:
- Access to the Service will end
- Customer Data may be deleted after a reasonable period
- Outstanding fees remain payable
15. Australian Consumer Law
Nothing in these Terms excludes rights under the Australian Consumer Law.
Where liability cannot be excluded, our liability is limited to:
- Resupplying the Service, or
- Refunding the cost of the Service
16. General Terms
These Terms are governed by the laws of Australia.
Additional provisions:
- These Terms form the entire agreement
- If a clause is invalid, the rest remain valid
- We may assign this agreement
- You may not assign without permission
- Force majeure events excuse delays
- Failure to enforce a clause does not waive it
- Notices may be provided electronically
17. Contact
If you have questions about these Terms, contact:
CLIENTee Pty Ltd
Email: info@clientee.com.au