Terms of Service

By using Data Master's services, Customer hereby agrees to Data Master's Terms of Service (TOS) and Privacy Policy.

Unless otherwise specified, in this TOS and the Privacy Policy, the usage of us, we, our, and ours shall refer to Data Master, a software development company, and all its divisions, subsidiaries, successors, and assigns. The usage of you, your, they, and them shall refer to the Customer of Data Master.

Customer agrees that it shall comply with this TOS. Customer further agrees that it has read Data Master's Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word Agreement, with a capital A, refers to the TOS and the Privacy Policy.

1. General Terms.
In consideration of services provided, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, within 7 days of the end of each month, any fees rendered.
1.2. Customer agrees to be bound by our terms and conditions.
1.3. Customer agrees to a no-refund policy in advance. All fees are non-refundable.
1.4. Non-Payment of services may result in a 14-day notice of termination of agreement. All payment failures must be cured within 14 days of such notice.
1.5. Data Master is not and shall not be responsible for data integrity for any accounts that are affected because of Customer's failure to pay for Data Master's services.
1.6. Customer agrees to pay all GST applicable to your account.

2. Agreement for Services.
2.1. Data Master will provide, and Customer will purchase and pay for services (the Services), according to the service fees agreed upon. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement.
2.2. In connection with any Services, if the Customer authorises software amendments, the Customer will pay Data Master any additional fees as required to cover such amendments.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt of monthly payment from Customer to Data Master.
3.1.1. Customer must pay in full for the Services before Data Master continues to provide the Services to Customer.
3.1.2. Licence fees will be charged and are due at the time of the Customer's initial request of the Services, unless specified that no licence fees are due.
3.2. Payment is due seven days after the end of each month. 3.2.1 Service may cease on accounts that reach 14 days past due. Accounts that are not collectable by Data Master may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Data Master a "Processing and Collection" Fee of $110.00 incl GST.

4. Delinquent Accounts .
Data Master may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Data Master may be entitled under this Agreement or under applicable law.

5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by submitting their intentions in writing
Once a Customer has cancelled their account, no more charges will be billed. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Data Master does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non refundable.

6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO DATA MASTER ARE NONREFUNDABLE.
All payments to Data Master are non refundable. This includes any licence or monthly fees, regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred
7. Customer agrees not to disseminate any intellectual property provided by Data Master.
8. Data Master reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of this Agreement.

9. Customer agrees to defend, indemnify, and hold harmless Data Master, its divisions, agents, subsidiaries, successors, assigns, employees of Data Master against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, Losses) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

10. DATA MASTER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF DATA MASTER'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES OR MISDELIVERIES
11. DATA MASTER PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DATA MASTER DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND DATA MASTER SHALL HAVE NO LIABILITY THEREFOR.

12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA MASTER DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE USE OF ITS PRODUCTS OR SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

13. DATA MASTER DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ITS PRODUCTS OR SERVICES.
14.No Waiver of Rights by Data Master.
Any failure by Data Master to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Data Master's rights.

15. Notices .
15.1. From Data Master to Customer.
Data Master will notify you by e-mail of any notices that Data Master is required to provide to you under this Agreement, at the most current e-mail address you have provided to Data Master.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Data Master has your most current e-mail address, and Data Master shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Data Master sends to the most current e-mail address you have provided to Data Master.
15.2. From Customer to Data Master.
Unless otherwise specified in this Agreement, notices to Data Master shall be sent to the following address:
The Accountant
Data Master Pty Ltd
P.O. BOX 471
TOOWONG 4066 BRISBANE QUEENSLAND
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland , without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

17. Currency.
All monetary amounts to which this Agreement refers shall be in Australian (AUD) dollars.

18. Goods and Services Tax (GST).
In accordance with Federal Government Legislation, all fees, charges and costs quoted by Data Master is inclusive of GST. A Statement/Tax Invoice clearly showing the cost of Service/s and the GST dollar value paid is provided by email to Customer in each instance where payment has been made to Data Master by Customer.

19. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Data Master, and supersedes any prior or previous agreements between you and Data Master with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Data Master notifies you from time to time, pursuant to this Agreement.

20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.

21. Assignment.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Data Master's prior and express written consent to such assignment.
21.2. Data Master may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Data Master.

23. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Queensland , Australia . This Agreement shall be governed by the laws of Australia and the laws of the State of Queensland .

24. Force Majeure.
Data Master shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortages of suitable parts, materials, labour or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Data Master.

25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Data Master's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

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