Preamble allocPSA Pty Ltd provides web hosting of the allocPSA open source application/software, on behalf of organisations and their personnel. Subscription fees are based on the number of login accounts required by the particular organisation. All Subscription payments for the allocPSA Service must occur through the automated recurring payment gateway mechanism that PayPal Pty Ltd provides. Definitions in these terms: The "Service" refers to the hosting by allocPSA Pty Ltd of the allocPSA application/software on behalf of the Subscribers. The "Subscribers", "End Users", "Users", "You" and "Your" all refer to the organisation and the employees of that organisation who are using the Service. "allocPSA", "We" and "Us" mean the company allocPSA Pty Ltd (ACN 127 299 503) and its employees and contractors. A "Subscription" or "Subscription Plan" refers to the recurring payment of funds from the End Users to Us in return for access to the Service. "User Accounts" refer to the allocPSA application/software user login accounts. allocPSA Terms of Service allocPSA Pty Ltd reserves the right to update and change the Terms of Service at any time without notice. By using the Service you agree to abide by the following terms and conditions and agree that violation of any of the terms and conditions below will result in the termination of Your access to the allocPSA Service. 1. allocPSA will not be responsible for any content or information that you or any Users submit to the Service. 2. You must ensure that all information provided to Us during registration is accurate. 3. You are solely responsible for maintaining the security of Your usernames and passwords for Your use of the Service. 4. You may not use the Service for any purpose that is illegal or unlawful under the laws of Australia. 5. You agree that any perceived attempt to abuse or cause disruption to the allocPSA Service may result in the temporary or permanent suspension of Your access to allocPSA Service. It is at the sole discretion of allocPSA Pty Ltd to determine what constitutes abuse and disruption. 6. The Service is provided on an "as available" basis. allocPSA Pty Ltd provides no assurance that the Service will be 100% available all of the time. We will however make all reasonable endeavours to provide the Service to the highest level of availability that we are able. 7. You understand that from time to time allocPSA will upgrade the underlying software of the allocPSA Service and that this may alter the data that you have previously inputted into the Service. In addition the functionality provided by the Service may be altered or removed. 8. You understand that allocPSA Pty Ltd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the allocPSA Service. You further understand that the availability of the Service may depend on these partners. 9. allocPSA Pty Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). 10. Prices of all Services and Subscription Plans are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes to the allocPSA website (http://www.allocpsa.com) or the Service itself. allocPSA Pty Ltd shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service. 11. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or allocPSA Pty Ltd. 12. You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. 13. You must not transmit any worms or viruses or any code of a destructive nature through or via the system or network infrastructure provided to you by allocPSA Pty Ltd. 14. If Your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by allocPSA Pty Ltd), of other Subscribers, to the point that Your bandwidth usage is severly limiting others access to the Service, We reserve the right to immediately disable Your account or throttle Your access to the Service until you can reduce Your bandwidth consumption. Payment Subscribers agree to pay allocPSA Pty Ltd a set Subscription fee every month as specified in the table below. +------------+-----------+-------------+ | Plan Code | Max Users | Price | +============+===========+=============+ | $10/5 | 5 | $40 AUD | +------------+-----------+-------------+ The maximum amount of allocPSA User Accounts that the Subscriber is entitled to is 5, and they would be expected to pay $40.00 AUD per month (first user account is free), every month, until the Subscription is cancelled by the Subscriber. The Service is billed in advance on a month basis and is non-refundable. There will be no refunds or credits for partial days of Service, upgrade or downgrade refunds. Subscriptions are paid by signing up at the http://allocpsa.com website. Once a subscription form is completed correctly users will be re-directed to the http://paypal.com payment gateway website where they will be expected to pay to allocPSA Pty Ltd, the first fee. That fee will then be automatically paid once per month, by you, through the PayPay automated recurring payment gateway until you cancel Your Subscription. Once PayPal has notified allocPSA Pty Ltd that Your fee for the current month has been paid, the Service will be available under the terms specified until that date the next month. For example if the first payment is paid on the 21st of July 2013, then the next payment will occur automatically on the 21st of August 2013. You explicitly agree that allocPSA Pty Ltd cannot and shall not be liable for any payment, problem or error that occurs between you and PayPal Pty Ltd or allocPSA Pty Ltd and PayPal Pty Ltd, whatsoever, including, but not limited to issues that occur due to malfunction, negligence or fraud. PayPals legal agreements reside here: https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/ua-outside or may be found by following a link on the paypal.com website to "Legal Agreements". By using the allocPSA servive you implicitly agree to the terms of the relevant PayPal Pty Ltd legal agreements. Liability allocPSA Pty Ltd does not warrant: - That the Service will meet Your specific requirements - That the Service will be uninterrupted, timely, secure, or error-free - That the results that may be obtained from the use of the Service will be accurate or reliable - That the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet Your expectations In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to: a. In relation to goods i. The replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. The repair of the goods or payment of the cost of having the goods repaired; b. In relation to services i. The supplying of the services again; or ii. The payment of the cost of having the services supplied again as in each case we may elect. The failure of allocPSA Pty Ltd to exercise or enforce any right or provision of the allocPSA Terms of Service shall not constitute a waiver of such right or provision. The allocPSA Terms of Service constitutes the entire agreement between you and allocPSA Pty Ltd and governs Your use of the Service, superceding any prior agreements between you and allocPSA Pty Ltd (including, but not limited to, any prior versions of the allocPSA Terms of Service). Please contact us on support@allocpsa.com for any further information.