Terms Of Use - Databasy

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Here is all you need to know about the terms of use over the DATABASY website and DATABASY products.

DATABASY – TERMS OF USE

Thank you for using DATABASY.

If there is a conflict between these terms and additional terms applicable to a given product or service, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying product documentation, and any applicable policies and guidelines as the “Terms.” You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully.

If any 3rd party has demoed/given/sold/transacted a DATABASY solution to you under a different entity (the 3rd party), in a static delivery or as a customisation, that entity is not affiliated with DATABASY and it may be that a confidential agreement exists between DATABASY and that 3rd party but any agreement between yourself and that 3rd Party would be entirely separate and stand alone between yourself and that 3rd party.

The “DATABASY” software is awarded on a temporary license model to DATABASY by an external party, which is updated/continued from time to time. Agreed pricing is transacted between the account holder and DATABASY and may be changed from time to time, including free products that may not be free forever. The account holder agrees to transact directly with DATABASY, since transacting with a 3rd party (intermediary) would mean that You are not the primary user on the account, if they are the ones transacting with DATABASY on your behalf.

Under the Terms, “www.DATABASY.io” or “DATABASY” with offices at 57 Gracemere St 4051 Qld Brisbane Australia, unless set forth otherwise in additional terms applicable for a given product or service. We (DATABASY, the terms provisioner) may refer to such as “www.DATABASY.io”, “DATABASY”, “We”, “Our”, “Product/s”, “Us” or “The Developer” in the Terms. The term use-product refers to a product that has been used by the account holder or its users and network. The user (the agreeing party) may be referred to as “The Client”, “User”, “End-User”, “Subscriber”, “Yourself” or “You”. The “Account Holder or Owner” is the verified “User” in a DATABASY account and will have primary control on the account.

REGION 1 OF 4 – GENERAL TERMS

SECTION 1 – ENGAGEMENT

a) Accepting the Terms

You may not use DATABASY and may not accept the Terms if (a) you are not of legal age to form a binding contract with DATABASY, or (b) you are a person barred from using or receiving the products under the applicable laws Australia and of the United States or other countries including the country in which you are a resident or from which you use the products.

b) Entity Level Acceptance

If you are using the products on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to The User (You) in the Terms refer to that entity).

c) Registration

In order to access certain Products you may be required to provide certain information (such as identification or contact details) as part of the registration process for the products, or as part of your continued use of the products. You adhere that any registration information you give to DATABASY will always be accurate and up to date and you’ll inform us promptly of any updates.

d) Backup

The Subscriber is solely responsible for the preservation of Subscriber’s data, which Subscriber saves onto its virtual server, server, sheets or alternate external resource (the “Data”). The User will screenshot their entire system at a rate The User feels fitting for securing their data and system structure. EVEN WITH RESPECT TO DATA AS TO WHICH SUBSCRIBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY DATABASY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATABASY SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. DATABASY SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF SUBSCRIBER’S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON. DATABASY SHALL HAVE NO LIABILITY FOR RECONFIGURING A SYSTEM OR RE-EXECUTING IT’S DATA.

You are responsible for deciding by yourself if the data security in the Subscription Service meets your duties under applicable Data Protection Laws. You are also responsible for using the Subscription Service safely, including keeping the security of Personal Data when it moves to and from the Subscription Service (including to safely backup or encrypt any such Personal Data).

e) Access, Protection & Code Protection

Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. Subscribers agree to completely understand the usership of the system, including administrative users or guest users and the accesses they are able to be provided, along with the restrictions available, and any limitations of such, that if used or not used may result in insecurities. As such, the User agrees to only use secure mechanisms of operation and if they are not secure not to use the system at all, at the Users choice. DATABASY does not guarantee the security of any data in any way, and is not liable for insecurities that may be encountered.

SECTION 2 – USING OUR PRODUCTS

a) Your End Users Compliance

You will require your key account holders and end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b) Compliance with Law, Third Party Rights, and Other DATABASY Terms of Service

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the products to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with DATABASY (or its affiliates).

c) Product Limitations

DATABASY sets and enforces limits on your use of the Products (e.g. limiting the number of API or data requests that you may make, or the number of users you may serve, pages you may list, files you may upload, or messages you may send; whether knowingly or inadvertently), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each product. If you would like to use any product beyond these limits, you must obtain DATABASY express consent (and DATABASY may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant DATABASY team for information (e.g. by using the www.DATABASY.io website). 1 Limit to note is that sub-domains are treated as independent domains. For the case that no limitations are expressed on the product descriptions then DATABASY will reserve the right to limit usage for the case of “Above normal usage”.

d) Discontinuation

DATABASY reserves the right to discontinue any account at any time and without warning. As such personal backups are herein again, required of the User to manage externally and DATABASY will not be responsible for any reconfiguration or execution of data.

e) Open Source Software

Some of the software required by or included in our products may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain products, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with DATABASY for the applicable open source software.

f) Communication with DATABASY

We may send you certain communications in connection with your use of the products. Please review the applicable product documentation for information about opting out of certain types of communication.

g) Feedback

If you provide feedback or suggestions about our products, then we (and those we allow) may use such information without obligation to you.

h) Non-Exclusivity

The Terms are non-exclusive. You acknowledge that DATABASY may develop products or services that may compete with any products or services. Usage of the system is based on a User subscription model and all products, services and configurations may be replicated across other Account Holders at DATABASY’s sole discretion.

i) This is an Agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service and Consulting Services are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the DATABASY Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us. Our trademarks, registrations or patents documentation can be requested by contacting us via www.DATABASY.io and support from us to provide the relevant documentation to support the request will be at DATABASY strict discretion.

i) We encourage all customers to comment on the Subscription Service or Consulting Services and provide suggestions for improving it. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.

SECTION 3 – PLANS & USAGE

a) Archiving, Filters and Messaging Configurations

DATABASY cannot control how you use the “active” and “inactive” home page row functions of the contacts/pages in the system and therefore will count every contact/page listing in the account as active at all times even if marked as “inactive” for any period of time at all; for the intent and purpose of establishing the entire volume of records usage in the account which will be considered the volume of usage in relation to DATABASY plans usage & product usage thresholds. The other determining factors in this is that we would rather the data not be deleted for the sake of a) our users general ease of recovery and b) the data might be tied to other active areas or messages and thus the core for the inactive row will be retained. As the account accrues contacts/pages these contacts/pages will NOT be deleted because of the fact they are inactive and the data cost on the account may increase due to that fact. A work around for this for an account holder genuinely concerned with this could be to back up all the active data, close the account and open a new account. Or delete any files stored on the inactive rows to reduce the data.

DATABASY cannot control how you use the filters. You agree to understand how to use the filters and how to prevent from missing out on your own information for the sake of user error.

DATABASY cannot control your peripheral communication mechanisms, devices and or plans thereof. You agree that DATABASY is not related to these issues or their potential issues and liabilities. You agree to understand all peripheral interests, terms and conditions that apply to you and them, and to abide by those, if you are connecting them to DATABASY in any way or otherwise.

b) Free Plans

If you are using a free plan you won’t be able to surpass any usage restrictions until a more suitable plan is paid for. Free plans are month to month and it is feasible they could change to paid in the future.

c) Free Trial

If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well. For most cases the free services are on an indefinite trial, since the free subscriptions continuing is not guaranteed so in the case of the indefinite free trials becoming paid, the User will be notified by the primary email on the account and/or by system notification in the system.

d) Debit and Credit Cards

If you have an outstanding balance with us, or direct debit plan, you’ll provide us with valid debit/credit card (“card”) information and authorise us to deduct the charges against the card. You’ll replace the information for any card that expires with information for a new and valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are in fact authorised to deduct your charges against the new card. Anyone using a card represents and warrants that they are authorised to use that card, and that any charges may be billed to that card and won’t be rejected. If we can’t process your order, we’ll try to contact you by email and may have to suspend your account until your payment can be processed, or delete the account.

e) Refunds

We’ll give you a refund for a prepaid month or reimburse you if we stop providing the Service and terminate your account without cause but have charged you for the period. Any refund will look to a maximum of 30 days from a historic perspective so the User agrees to advise DATABASY within 30 days of any issue to be sure to recoup if DATABASY deems it appropriate to do so, at our sole discretion. You won’t be naturally entitled to a refund or credit from DATABASY under any other defined circumstances. We may, at our sole discretion, offer a refund, discount or credit.

f) Charges for Products

If you use a Product that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Product is active; or until it is cancelled.

g) Billing Changes

We may change our fees, including our charges for Monthly or Annual Plans or pay-as-you-go products at any time by posting a new pricing structure to our DATABASY website www.DATABASY.com or by independent advice either by sending you a notification by email or inside the DATABASY systems or both. Quoted fees don’t include sales or other transaction-based taxes of any kind unless specified with a tax component.

h) Sales Tax

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST.

SECTION 4 – NETWORKING ELEMENTS

a. Product Users and Monitoring

The Products are designed to help you enhance your data management (“DATABASY account holders & users)”). YOU AGREE THAT DATABASY MAY MONITOR USE OF THE PRODUCTS AND SERVICES TO ENSURE QUALITY, IMPROVE DATABASY PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include DATABASY accessing and using your use-product, for example to identify security issues that could affect DATABASY or its account holders, users & networks. You will not interfere with this monitoring. DATABASY may use any technical means to overcome such interference. DATABASY may suspend access to the products by You without notice if we reasonably believe that You are in violation of the Terms.

b. Security

You will use commercially reasonable efforts to protect user information collected by your use-product, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to your users &/or network appropriately any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

DATABASY does not acquire ownership in your products, and by using our products, you do not acquire ownership of any rights in our products or the content that is accessed through our products.

d. User Privacy

You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your users &/or network that clearly and accurately describes to users/networks of your products and services, what user information you collect and how you use and share such information (including but not limited to, for advertising) with DATABASY and third parties.

e) Data Practices and Machine Learning

We may monitor use of the Subscription Service by all of our customers and use the information gathered in an aggregate and anonymized manner. We may use Customer Data in an anonymized manner for machine learning. For more information on these practices please see the ‘Data Practices and Machine Learning’ section of our Product Specific Terms.

SECTION 5 – PROHIBITIONS AND CONFIDENTIALITY

a) Product Prohibitions

When using the Products, you may not (or allow those acting on your behalf to):

Sublicense a Product for use by a third party. Consequently, you will not create a Product Client that functions substantially the same as the product/s and offer it for use by third parties.

Perform an action with the intent of introducing to DATABASY products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.

Defame, abuse, harass, stalk, or threaten others.

Interfere with or disrupt the Products or the servers or networks providing the products.

Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.

Reverse engineer or attempt to extract the source code from any Product or any related software, except to the extent that applicable law expressly prohibits this restriction.

Use the products for any activities where the use or failure of the products could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).

Use the products to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.

Remove, obscure, or alter any DATABASY terms of service or any links to or notices of those terms.

Unless otherwise specified in writing by DATABASY, DATABASY does not intend use of the products to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the Products satisfy HIPAA requirements. If you are (or become) a “covered entity” or “business associate” as defined in HIPAA, you will not use the Products for any purpose or in any manner involving transmitting protected health information to DATABASY unless you have received prior written consent to such use from DATABASY.

b. Confidential Matters

User credentials (such as passwords, keys, and client IDs) are intended to be used by you and your users and identify your users. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other users from using your credentials. Credentials may not be stored as general data within the system itself.

Our communications to you and our products may contain DATABASY confidential information. DATABASY confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without DATABASY’s prior written consent. DATABASY confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose DATABASY confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

SECTION 6 – CONTENT

a. Content Accessible Through our Products

Our products contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our products may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the product may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content

Some of our products allow the submission of content. DATABASY does not acquire any ownership of any intellectual property rights in the content that you submit to our products, except as expressly provided in the Terms. For the sole purpose of enabling DATABASY to provide, secure, and improve the products (and the related service(s)) and only in accordance with the applicable DATABASY privacy policies, you give DATABASY a perpetual, irrevocable, worldwide, sub-licensable, royalty-free, and non-exclusive license to use content submitted, posted, or displayed to or from the products. “Use” means use, host, store, modify, communicate, and publish. Before you submit content to our products, you will ensure that you have the necessary rights (including the necessary rights from your end users and/or network) to grant us the license.

c. Retrieval of content

When a user’s non-public content is obtained through the products, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or guests or others acting on your behalf to, do the following with content returned from the products:

Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

Misrepresent the source or ownership; or

Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

SECTION 7 – BRAND FEATURES; ATTRIBUTION

a) Brand Features

“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Brand Features. All use by you of Page Networks Brand Features (including any goodwill associated therewith) will insure to the benefit of DATABASY.

b) Attribution

You agree to display any attribution(s) required by DATABASY as described in the documentation for the products. DATABASY hereby grants to you a non-transferable, non-sub-license-able, nonexclusive license while the Terms are in effect to display DATABASY’s Brand Features for the purpose of promoting or advertising that you use the products. You must only use the DATABASY Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that DATABASY has the sole discretion to determine whether your attribution(s) and use of DATABASY Brand Features are in accordance with the above requirements.

c) Publicity

You will not make any statement regarding your use of a product, which suggests partnership with, sponsorship by, or endorsement by DATABASY without DATABASY’s prior written approval.

d) Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the products you are using and the associated DATABASY products, DATABASY may produce and distribute incidental depictions, including screenshots, video, or other content from your use-products, and may use your company or product name. You grant us all necessary rights for the above purposes.

SECTION 8 – COPYRIGHT AND PRIVACY PROTECTION

DATABASY Privacy Policies

By using our products, DATABASY may use submitted information in accordance with our privacy policies.

SECTION 9 – TERMINATION

a) Termination

You may stop using our www.DATABASY.io associated products at any time with or without notice. Further, if you want to terminate the Terms, you must provide DATABASY with prior written notice and upon termination, cease your use of the applicable products. DATABASY reserves the right to terminate the Terms with you or discontinue the products or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Accounts/Users that have no payment plan setup or the subscription payment fails may be deleted without prior notice.

b) Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to a product, you will immediately stop using the product, cease all use of the DATABASY Brand Features, and delete any cached or stored content that was permitted by the cache header. DATABASY may independently communicate with any user associated with your product and credentials to provide notice of the termination of your right to use the product/s.

c) Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.

d) Disputes

If we are unable to reasonably determine ownership of an account, we won’t be able to assist with ownership disputes and require you to resolve the matter through proper channels outside of DATABASY.

In order to properly protect and secure data, in the case that an account ownership dispute is identified, we may suspend any account associated with the dispute until the dispute is properly resolved outside of DATABASY, and that resolve, formerly returned to us.

e) Term and Renewal.

Your initial subscription period will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription period, or one year.

f) Notice of Non-Renewal

Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. The deadline for sending this notice varies depending on the DATABASY product and edition you have subscribed to. For more information on specific non-renewal notice periods (if any), please see the Product Specific Terms where applicable.

If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by turning auto-renew off, or cancelling the service by accessing the billing details information in your DATABASY account, or by direct written contact that has been confirmed by DATABASY as received.

g) Early Cancellation.

You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.

h) The Cancellation Process.

Go to www.databasy.io and login then visit the pricing page to make adjustments to product purchases or cancellations on your account.

i) Complete Privacy Policy.
For more information about the complete DATABASY Privacy Policy visit databasy.io/privacy-policy.

SECTION 10 – LIABILITY FOR OUR PRODUCTS

a) WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER DATABASY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE DATA STORED THROUGH THE PRODUCT, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b) LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, DATABASY, AND DATABASY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DATABASY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE PRODUCTS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS AGAIN) DURING THE ONE MONTH PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, DATABASY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE.

c) INDEMNIFICATION

Unless prohibited by applicable law, if you are a business, you will defend and indemnify DATABASY, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

your misuse or your end user’s misuse of the products;

your violation or your end user’s violation of the Terms; or

any content or data routed into or used with the products by you, those acting on your behalf, or your end users, or guests.

You will not use DATABASY for any emergency related use case, regardless of any other agreement or comment that may occur. You agree that despite any other understanding, the understanding remains that DATABASY does not allow a use case that could negatively impact an emergency situation if it were to fail.

SECTION 11 – VIOLATION OF COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET

a) Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. DATABASY will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of DATABASY is violating its intellectual property rights, it should notify us by email at abuse@databasy.io. A notification should include information reasonably sufficient to permit DATABASY to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.

SECTION 12 – REMEDIAL ACTION

Subscribers shall notify DATABASY if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or DATABASY to cure the security breach.

In other words, be mindful about how you use our services. If you are breaking laws, being obscene, or abusing our infrastructure, we have the right to stop you from doing these things. You must also notify DATABASY before registering multiple accounts with the same billing address to prevent being flagged for abuse. You’re also responsible for the acts of others utilizing your access to our services, as we have no way of distinguishing your actions from the actions of your sub-users. Be careful who you give your information to—it’s to protect both us, and you!

SECTION 13 – GENERAL PROVISIONS

a) NO SPAM

By agreeing to these Terms, you promise to follow these rules:

You won’t send spam!

You won’t use manufactured, purchased, rented, or third-party lists of email addresses or phone numbers or the like.

If we discover that you’re electronically messaging people without their permission, we will terminate a) your outbound communications permanently or b) your entire account permanently; immediately.

b) Bulk Messaging

You confirm to understand the spam laws of the region receiving any message you send.

You confirm you will not engage in SPAM or illegal messaging.

You confirm to gain infallible consent (double authorised) before messaging people.

You confirm to allow recipients a clear avenue for revocation of consent which is attentive and controlled well.

You confirm to understand age based restrictions of the region receiving any message you send.

You confirm to ensure you do not message minors and are compliant with all recipient’s local laws.

You confirm NOT to send a confirmation of the unsubscription, it is assumed and unnecessary.

You confirm NOT to send unwanted messages.

You confirm NOT to extend the bounds of consent to include additional tactics to what was consented.

You confirm NOT to use messaging for abuse or indecency.

You confirm NOT to message adult content including pornography, alcohol, firearm, gambling, tobacco or other adult material.

You confirm NOT to message regarding issues that could be deemed sensitive.

You confirm NOT to use messaging for abuse, fraud, criminal/illegal activity or indecency.

YOU CONFIRM NOT TO ATTEMPT TO CIRCUMVENT SPAM LAWS

Subscribers shall not send bulk email &/or sms utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including how to incredibly easily, with one step that does not include clicking a link, de-register interest in being messaged with all sent emails &/or sms according to such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address or communications-identifying factors associated with DATABASY or other users, being placed on the Spamhaus.org (or similar) blacklist. DATABASY reserves the sole and absolute right to determine whether an email &/or sms violation has occurred and also to monitor messages being sent.

DATABASY allows you to upload, submit, store, send and receive content. Your content remains yours. We do not claim ownership in any of your content, including any text, data, information, and files that you upload, share, or store in your DATABASY account. DATABASY retain a limited purpose license to operate and improve the DATABASY services — so if you decide to share a file or data with someone, or want to open it on a different device, we can provide that functionality. DATABASY also allows you to collaborate on the content of other DATABASY users. The “Account Holder” or “Owner” of the content is the one who controls the content and its use. Networking settings in DATABASY allow you to control what others can do with your content in DATABASY. The permissions settings of your files depend on how the account holder chooses to manage this within the account setup functions of their account. Files in your individual product are private, until you decide to share them. You can share your content and can transfer control of your content to other users. Files you create or place into your DATABASY product shared by others may inherit the sharing settings and/or may inherit the ownership settings of the use-product they are in. Depending on how the account settings are arranged by the account holder and its authorised users, networked users may have the ability to adjust those settings based on the permissions granted to them by the account holder and its authorised users. We will not share your files and data with others except as described in our Privacy Policy.

c) Bandwidth/Abuse/Throttling

You may use our file storage for general & reasonable use only which means if you are storing large files or large quantities or executing tasks at a frequency deemed at DATABASY’s discretion as excessive, it may slow our ability to serve others so it’s therefore against our acceptable use terms and will require permissions in writing from DATABASY at DATABASY’s sole discretion. In regard to processing and capacities, DATABASY can slow or restrict usage or make adjustments as it deems it to be required without any prior notice. In other words if you are a TV producer, or drafting the world’s largest rocket to Mars or want the system to do something it isn’t really intended to do, have a chat to us before engaging so we can be prepared and uphold the normal service levels to other users simultaneously.

d) Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

e) Modification

You will not modify or circumvent the natural or intended use cases.

SECTION 14 – SERVER RESOURCE COMPLIANCE STATEMENT

Compliance Statement from the DATABASY Server Resource

Note: Some words denoted by inverted commas which imply the words of the server resource, anywhere in these terms, may have been edited to match this contract’s language, where required.

“The Server Resource provides a compliance statement on their website that outlines their commitment to maintaining the security and privacy of customer data. The statement covers several compliance frameworks and regulations, including:

1. SOC 2: The Server Resource undergoes an annual SOC 2 Type II audit, which verifies the effectiveness of their controls related to security, availability, processing integrity, confidentiality, and privacy.

2. GDPR: Server Resource is committed to complying with the European Union’s General Data Protection Regulation (GDPR) and offers tools and resources to help customers meet their own GDPR obligations.

3. CCPA: The Server Resource is also committed to complying with the California Consumer Privacy Act (CCPA) and provides customers with tools and guidance to help them comply as well.

4. PCI DSS: The Server Resource is certified as a Payment Card Industry Data Security Standard (PCI DSS) Level 1 service provider, which means they adhere to strict security standards for handling credit card information. “

Support required by The Developers would be at quoted rates.

The Server Resource Multi Tenanted

– Available by Quote: For the case The Client requires The Developers to have a dedicated server for the CRM for each data centre user-type (location/s), The Developers would naturally give The Client a dedicated server for eg “SYDNEY”. All CRM accounts who need the same solution would share that droplet, to the extent at The Developers sole discretion. But the server would not be shared with external unknown tenants (only the same Website-System/CRM accounts of varying companies). If The Client does require their own server the cost would be higher.

Support required by The Developers would be at quoted rates.

The Server Resource, Patriots Act

The Client would need to seek advice as to whether a similar patriots act, compliance, regulations apply to them.

Here are the statements sourced from The Server Resource.

“The Server Resource is a US-based company and as such, they may be subject to requests for data access under the USA PATRIOT Act. However, The Server Resource has stated that they do not allow any third-party access to customer data without a valid legal request, and they will notify customers of any legal requests they receive unless prohibited by law.”

“Regarding the USA PATRIOT Act, it is a US law that grants law enforcement agencies the ability to access electronic communications and data from US-based companies, including cloud hosting providers like DigitalOcean. This means that if DigitalOcean stores customer data on servers located in the US, they may be subject to requests for data access under the USA PATRIOT Act. So not applicable to our circumstance.

However, The Server Resource has stated that they do not allow any third-party access to customer data without a valid legal request, and they will notify customers of any legal requests they receive unless prohibited by law. Additionally, The Server Resource provides customers with the ability to encrypt their data at rest and in transit, which can provide an additional layer of protection against unauthorised access.”

Here is a small explainer we have sourced regarding the AU equivalent:

“What is the Australian equivalent of the Patriot Act?

Australia’s laws against terrorism are in Part 5.3 of the Criminal Code Act 1995 (Criminal Code). Australia’s laws against foreign incursions and recruitment are in Part 5.5 of the Criminal Code. This department administers the Criminal Code.”

Support required by The Developers would be at quoted rates.

The Server Resource, HIPAA Compliance

The Client will need to seek advice as to whether HIPAA compliance regulations apply to them. Here are the statements sourced from The Server Resource.

“HIPAA: The Server Resource does not currently offer HIPAA compliant hosting services.

Overall, The Server Resource’s compliance statement demonstrates their commitment to maintaining strong security and privacy practices and their willingness to work with customers to help them meet their own regulatory obligations.

Regarding HIPAA compliance, The Server Resource does not offer HIPAA compliant hosting services at this time. HIPAA (Health Insurance Portability and Accountability Act) is a US law that sets standards for protecting sensitive patient health information. To be HIPAA compliant, hosting providers must meet certain technical, physical, and administrative safeguards to protect electronic protected health information (ePHI).

While The Server Resource does not offer HIPAA compliant hosting services, they do offer features such as data encryption at rest and in transit, two-factor authentication, and monitoring and alerts to help customers maintain the security and privacy of their data. If The Client requires HIPAA compliant hosting should consider requesting The Developers utilise other hosting providers that specialise in providing compliant hosting service and to quote for such.”

Support required by The Developers would be at standard quotes.

The Server Resource Service Level Agreement – In line with The Developers traction of same

“The Server Resource offers a service level agreement (SLA) that guarantees 99.99% uptime for their infrastructure, including servers, storage, and networking.

This SLA promises that if The Server Resource fails to meet the guaranteed uptime in a given month, customers may be eligible for a credit of 5% of their monthly hosting fee for each additional hour of downtime beyond the initial 0.01%.

It’s important to note that this SLA only covers The Server Resources infrastructure and not any issues related to customer applications or configurations. The Developers are responsible for ensuring that the applications are properly configured and maintained to avoid downtime.

Furthermore, the SLA has several exclusions, such as scheduled maintenance, acts of god, and issues caused by customer negligence or misuse.

Overall, while the SLA provides some assurance of high availability and uptime, it’s important for The Client to take proactive measures to prevent downtime and ensure that their applications are resilient and highly available.

The Server Resource provides a simple and transparent pricing model, which means that you only get charged for the resources you use. They also offer a service level agreement (SLA) that guarantees 99.99% uptime for their infrastructure, including servers, storage, and networking.

Support required by The Developers would be at quoted rates.

DATABASY products are hosted strictly by utilising The Developers subscription service at The Developers nominated rates. Non-transferable, non exclusive licence, no source-code ownership or access, no exclusive use, access is by part of a bigger system which reserves the right to brand itself.

– The hosting subscription and data allowances and product inclusions are a scalable solution and depends on usership and user behaviour for the data usage and for the price and the user should reflect on the DATABASY products pricing outlines on the website if applicable or the written quote.

– Includes data encryption.

– For data at rest (i.e., stored on disk), The system provides the “Encryption” facade, which allows encryption and decryption of data. This can be useful for protecting sensitive data such as user passwords, payment information, or other confidential data.

– For data in transit (i.e., transmitted over a network), the system supports HTTPS. The system also provides features such as middleware and CSRF protection to help prevent unauthorised access.

– Overall, the DATABASY system offers robust security features that can help protect against common security threats such as data breaches, SQL injection attacks, and cross-site scripting (XSS) attacks.

– Strict locational servers or CDN functionality may be available in some circumstances.

– The System with the capacity to cache may be available in some circumstances.

– The database tech is MySQL, The Client may request the functions they require if required, such as manipulation of data or backup processes, for quote by The Developers. The Developers could also schedule the backups to push periodically using Laravel tools. MySQL has limited data (32TB) for importing data, the database could crash, so the imports would need to be broken up, if larger.

– Pricing is subject to change.

– Support required by The Developers would be at quoted rates.

Indemnification continued – Specifically applied to this section:

SECTION 15 – EXPOSURE

DATABASY retain the right to embed their logo/link reasonably discreetly on the footer of any website, app, software, or landing page the system or their developers develop and for it to be retained there for the life of the project, at DATABASY’s sole discretion. In the case that DATABASY do not have access to the system, The Client will act reasonably to assist DATABASY to add or remove the logo/link and to retain it there.

DATABASY may use any favourable comments from verbal or written communications between DATABASY and the users or account owners for its own published-testimonial and promotional purposes.

SECTION 16 – PERIPHERAL ASSOCIATION

DATABASY reserve the right to engage any person or company in support of the services in any location globally, on terms at DATABASY’s absolute discretion.

REGION 2 OF 4 – CUSTOM SOLUTIONS & DATABASY SYSTEM WEBSITES

For the most part DATABASY websites are developed by the User using the DATABASY website builder, however DATABASY may at times become engaged to assist in the users development, or to develop sites, systems and integrations (custom developments) for its Users. And so for either scenario, the following terms apply respectively.

ABSOLUTELY ALL DATABASY PROJECTS ARE COMPLETELY HOSTED BY DATABASY AND NO BACKEND ACCESS OR CODES WILL BE PROVIDED TO ANY DATABASY USER AT ANY TIME OR FOR ANY REASON. FOR THE CASE THAT A USER WISHES TO INTEGRATE A COMPLETELY EXTERNAL SYSTEM, THE USER CAN OF COURSE RETAIN THEIR OWN CODES AND HOSTING SOLUTIONS, HOWEVER THE PARTS OF THE INTEGRATION CONCERNING DATABASY, REMAIN THE EXCLUSIVE PROPERTY OF DATABASY AND ITS ALIGNED AFFILIATES FOR SUCH.

1.0) PROJECT PAYMENT PROCESS FOR CUSTOM DEVELOPMENTS

1) 50% (or as quoted milestone percentages) or the DATABASY specified initial payment to commence the project, is the Sign Up fee for the process leading up to the engagement.

2) Client content submission (if required, guided by The Developers).

3) The developers commence building the project base according to the specification, logins & content provided.

4) ‘Final For Review’ report email commenced by the developer to the Client.

5) Opportunity for client feedback about changes & corrections they require, within 5 business days of step #4. 80% (or the DATABASY specified amount) is paid to the developers in arrears for the development work to date.

6) The developer does the changes & corrections from step #5.

7) Opportunity for client feedback about corrections (5 business days to feedback).

8) The developers do the corrections. Repeat #7 / #8 as many times as necessary.

9) Final 15% (or the DATABASY specified amount) is the Final Project Fee for the work to date, paid on completion.

10) When the feedback/corrections steps are exhausted and the project reaches its end, hosting tasks are then commenced to push the project formally live by working through any 3rd party integrations and pushing clients’ gateways/hosting/domain/emails/SSL & indexing with regard to the ‘Hosting’ conditions required for the system UNDER HOSTING BY DATABASY CONTINUOUSLY UNTIL THE SERVICE IS CANCELLED BY THE CLIENT OR THE PAYMENTS ARE CEASED.

2.0) CUSTOM SUPPORT AND ASSET PURCHASES

The Developers will build the project according to the documented Specification. The Developers will use free resources to the extent possible and positive for any images /videos /logo’s /website-templates /vectors /integrations /API’s etc that are required to develop the project, and The Developers will revert to The client to charge/debit for anything further if required and seek approval first if the costs exceed $350 + GST across any month.

2.1) The Developer may hard-code or use templates or open source code or suitable integrations at their own discretion.

3.0) TIMELINE ESTIMATES

Even if a timeline is provided without specifying that it is an estimate, it is strictly an estimate regardless without question and this term overrides any previous communications.

3.1) The timeline (estimate) is subject to change by The Developer only, i.e. faster or slower, and the quote is NOT aligned/affected respectively, as in, higher or lower pricing.

3.2) The final stage of hosting tasks executed after final payment, have an estimate of up to 30 days in addition to any estimate of time for the development specification.

3.3) Projects requiring one (or more) backend-technician/s and front-end technician/s, will cause any timeline estimation to double if The Developers have a scenario whereby they prefer to or need to develop the front end or backend first before executing the other ‘end’; at The Developers sole discretion. This could also mean different ‘end’ types are executed before their counterpart differently across different sections of the development and the clause does not imply that one end would necessarily be complete prior to commencing the other end.

3.4) See also “Final For Review Email” section within these terms.

4.0) FINAL FOR REVIEW EMAIL

The “Final for Review” communicative thread is commenced by The Developers to Client. This does not mean The Developers assume the project to be finished, it is the review process to get to the final outcome. This email thread is the communication thread for the corrections and main communications of the project details after The Developers have developed the base of the project.

4.1) The client is part of the team and agrees to contribute by way of holistic reviews of the project when requested by The Developers or at any stage where an update is provided and The Developers have not specifically asked for The Client to check the work. This is to identify & clarify errors, changes or corrections. The Client understands the project may be incomplete at all points where updates are pushed to The Client, until The Client identifies & clarifies all required changes and they are implemented according to the agreed specification/s. Failure by The Client to identify issues during the moment of each update will result in additional fees for applying corrections at later dates.

4.2) The Developer updates pushed to The Client will include major incorrections until the project is complete. Some correction requests from previous reviews may not have been executed at the time of the next update from The Developers and need to be mentioned again by The Client for each review; if still required to be corrected.

4.3) At the discretion of The Developer, until the holistic feedback is provided by The Client for each update/review, The Developer tasking will stop for the timeframe of each review and additionally an extension of that stoppage will occur while the project enters The Developers development que (3 day estimate) again, post holistic review reverted from The Client, which does extend the estimated timeline of the agreement without further notice. As such The Client’s ability to review quickly and holistically supports the project to have less reviews and shorter review periods and less queued periods and to stay closer to the timeline estimated.

4.4) The Client understands that a minimum of 30 days will be added to any timeline estimate to increase the estimate by 30 days.

4.5) Each negative feedback from The Client may result in stoppage of the development for internal review proceedings which will prolong the estimated timeline accordingly with regard to the projects time in review (5 day estimate) and time in queue (5 day estimate) again.

5.0) TESTING

The Developers conduct testing on the developments, in The Developers environment only, and on modern browsers with modern devices and applications in a non-exhaustive environment. The Developers will only develop for modern browsers and devices and the specification will not be deemed to include anything other than that. Once The Developer has completed its work and testing The Client is required to test the development freely, which means to test it extensively in an extensive environment of exposure, such that The Client can advise The Developer of any further issues which may include but are not limited to, bugs, incorrect features, flaws, failures, issues on different devices/browsers/versions/locations etc, which may or may not exist inside The Developers testing environment. It is the responsibility of the customer to review the project and all its technical aspects, even if that means engaging additional, independent paid professional support as required, and The Client’s obligation to inform The Developer during the development period of any issues prior to final payment. Client testing is conducted on a test domain. Live domain is provided only after payment has been received in full for the entire development including waiting to the end of a string of connected projects and when those projects have been deemed complete, at the sole discretion of The Developers.

6.0) PROJECT COMPLETIONS

Completion of a project is automatically confirmed and the project is closed and comes to its natural end when The Client has not submitted a feedback step within the timeframe required by The Client within these terms, or when the project’s final payment is made in the case that the final payment is held back in order to settle the completion by payment.

6.1.0) Incomplete projects due to The Client’s failure to provide the necessary support or payments to The Developers will incur additional charges by The Developers in order to reopen the project and will not be hosted on any domain including test domains during any downtime period.

6.1.1) If the issue is prolonged the project will be deleted to avoid The Developers bearing additional cost in storing/hosting files that are not supported by:

a) The Client to complete the project

b) hosting payments &/or

c) the accounts project payments.

6.2) The Developers may charge additionally for projects that have a history of prolonged periods for feedback.

7.0) POST PROJECT COMPLETION

Within 5 business days of completion, The Client agrees to be paid up to date, including any project add-ons, alternate projects and any hosting fees.

7.1) The Client is responsible for remaining informed by requesting information surrounding the tools used and ensuring any licences that are not naturally handed over during the course of the development are managed appropriately at The Client side for The Clients own protection before the project is closed or within 30 days from the project closing and to provide an exhaustive and specified list of any key data requests for login credentials, assets, design files, licences, API keys etc that have not already been attained by The Client during the course of the development. The Client will confirm that the technical aspects of the development are good & well or request support to complete the; branding & company information perspectives, integration flow, initial backup, SSL certificate, overall functions and 100% indexing. On request by The Client, these aforementioned items will be fulfilled and handed over by The Developer.

7.2) Once the project is deemed complete as per these terms, any maintenance, tweaks, requests, fixes, changes of a finished project will incur normal charges which are billed based on time spent and The Developers standard pricing. Requests to fix flaws, corrections, failures and edits after the final & legitimate corrections round will be charged at normal rates. If The Client would like an extension of ‘free’ support, for after the project has closed, The Client agrees to request a quote as part of the original specification prior to the first transaction on the project. For all edit requests related to a project after the project has closed, that are not accompanied by a request for quote, The Developers will ‘do & charge’ without quoting prior for requests that are less than $350 + GST in value. If The Developers find out that they need to exceed $350 + GST during the editing, The Developers will contact The Client prior to progressing past that value. If The Client prefers a quote prior to any edits, The Client agrees to request a quote simultaneously with the request.

7.3) The Developers may from time to time field requests from The Client to do ad hoc work which they are engaged to do without having provided a quote to The Client for said work, prior to commencement or completion. In this case it is deemed by The Client as a Do-and-Pay project. This is normal as many tasks are not measurable prior to commencement and furthermore the time taken to find the answer to how to quote may be all of or the majority of the time that was required to complete the work. These tasks may also be deemed minor by The Client’s own appraisal and thus the charges are expected without a need for a quote by The Client; and so at The Client’s discretion they have not requested a quote in writing along with the request for work to be done. Hence, some tasks are quoted/invoiced/charged by The Developers after the work has been completed and these charges are immediately payable. If The Client expects a request for work to be free of charge they agree to mention this in writing coupled simultaneously with any ad hoc request. Furthermore, if The Client requests work to be executed, without any accompanied request for a quote it will be assumed by The Developers that they will do the work and then charge according to the time taken to execute those tasks at the rates billed by The Developers at The Developers sole discretion to a maximum of $350 + GST without first consulting The Client to continue beyond that value.

8.0) HANDOVER & INTEGRATIONS

Once a project is complete, any of the project’s payment gateways /API’s /hosting integrations will then be worked/set-up/executed & hosted strictly with DATABASY only despite any previous comms outlining anything other. The project will be hosted live, email accounts & The Developers cPanel setup & email forwarders from cPanel to chosen email addresses. External hosting support or G-suite or Microsoft365 integrations would be additionally quoted if required and if availed.

8.1) Webforms pointed, website indexed, SSL certificate will all be applied at this stage.

8.2) The Developer will NOT hand over the parts of and entire project files to The Client by request or at all.

8.3) Prior to any live hosting process, The Client can test the system on The Developers hosting (test URL or client URL at The Developers sole discretion).

9.0) SUPPORT AFTER THE DEVELOPMENT

The Developer will provide support for any niggles reported by The Client within 5 days of completion, that were a part of the agreed specification, to the extent that is reasonable at The Developers sole discretion.

9.1) The Developers may do-and-charge additionally for time at standard ad hoc rates for Operational segments of meetings, calls, preparation & emails that consume time, measured reasonably at The Developers sole discretion. The Developers will not charge for time for Sales segments of meetings, calls, emails and preparation that consume time, unless advised to The Client in writing beforehand.

10.0) HOSTING OF ADHOC PRODUCTS EXTERNAL TO THE GENERAL DATABASY SYSTEMS & PRODUCTS

Other *Websites/Systems/Applications: The Client needs to ask during the specification and quote process, prior to engaging with a payment for the project, or default to The Developers choice of hosting solution and sole discretion.

10.1) The Developer’s hosting is high speed, with 99% up-time. Hosting agreements renew every agreed period up to 2 weeks prior to each new period, in advance. A minimum of 2 weeks advance notice is required prior to a periodic renewal to cancel The Developer’s hosting and at which time The Developers will hand over the files and allow 5 business days for the files to be held by The Developers as backup, after which the files may not be recoverable from The Developers.

10.2) When hosting a website, web-app, app or system for The Client, The Developers will use their preferred resources, c-panel, server system, server etc. Requests for alternate resources, if possible and if allowed within these terms and approved by The Developers sole discretion, may incur additional setup &/or maintenance fees.

10.4) When hosting fees apply, they are paid annually in advance, unless otherwise agreed in writing, and commence at the point that the project begins being worked on by The Developers.

10.5) Hosting services do not include the support of spam emailing, bug fixing, plugin updates, malware fixing, website error/break fixing, web maintenance, web support, M365/Gsuite/Other 3rd party integrations or web page optimisation for speed. All hosting services include; running the website on a live server with good loading speed as per an industry standard with consideration & mercy for the weight of the media assets on the page, unlimited email accounts within reason, unlimited email send and receive within reason and unlimited pointing of system emails to any other email address within reason.

10.6) cPanel

If the case “Other” (non DATABASY system specific developments) apps and sites developed by DATABASY hosted by The Developers will be hosted on a shared cPanel. The Client agrees to pay the cost as per DATABASY quote for an isolated cPanel subscription, in addition to any costs associated with The Developers hosting services if they wish to increase the level of security of their website from Malware and attacks affecting a shared cPanel. If The Client would like to do that, they must purchase a subscription at https://cpanel.net/pricing/ and provide the logins to The Developers, accompanied by a request, prior to the website completion and any hosting push by The Developers; if the cost of such will be incorporated into the quoted /normal service fees. Requests from The Client at a later stage will incur normal adhoc service fees.

10.7) Mobile-App Deployment of hosting to the Google Play and Apple stores is Subject to the Google and Apple Guidelines, The Developers cannot control them and recommend provisioning your own legal advice prior to the commencement of such a development agreement. The Developers will submit the app for approval to the Clients Google Play store account first for The Client to manage those communications with Google Play and then, once approved there, submit to The Clients Apple store account for The Client to manage those communications with Apple. The Client will be responsible for the cost of any further resolve which may be required to meet the app store requirements if they are outside the specification of the development. The app stores may have subjective, or policy-driven opinions on apps and we cannot control those opinions and demands which can change from time to time. The Developers will resolve any general formatting tweaks or popup user notices required by the stores without additional charge at The Developers sole discretion. The step by step handover process for mobile apps is to 1) Complete and approve the app on The Developer hosting 2) Client pays final payment in cleared funds 3) App is then pushed to The Clients stores as per the above, starting with Google Play Store first and once approved there moving to the Apple Store.

10.8) Webapps are websites, not “mobile APPS” and are not hosted in the Google Play & Apple Stores. A web app for example could be like a normal website and hosted on normal website hosting or may have system integrations whereby *website/system/application” hosting as per the above (in this section) would apply. If The Client is unsure if their development is deemed to be a mobile app or a web app, The Client will ask for affirmation in writing and otherwise resolve that the development is a ‘Web App’.

10.9.0) Hosting subscription payments that lapse do not indicate a cancellation of the service as the service may still be live to prevent The Client from inconvenience to their business.

10.9.1) The Client will cancel hosting services in writing and if the account has overdues they will additionally confirm in writing whether The Developers should stop pushing the project live so that the account balance does not grow while they wait to settle the account. Any request for file handover at this stage will be delayed by The Developers until The Client account is paid in full as no services are provisioned for overdue accounts.

10.9.2) The Developers may pull the project from live at their own discretion.

10.9.3) The Developers may charge for storage of dormant files at their sole discretion.

10.9.4) The Developers may delete files that are associated with unpaid accounts at their sole discretion.

10.9.5) The Developers will assume The Client has a copy of files if it is a “host elsewhere” (as seen in the “Hosting” section of this agreement) project built by The Developers even if hosted by The Developers since the projects completion by The Developers.

10.9.6) The Developers will not be able to retain hosting or storage of any “Non-transferable” (as seen in the “Hosting” section of this agreement) project by The Developers if the associated subscription costs are not reliably paid as those fiscal obligations form part of the agreement of the development and hosting combined.

10.9.7) The Developers will charge a $150 + GST re-activation fee to rehost systems that have been pulled from live due to late payments, at The Developers sole discretion.

10.10) If The Developers provisioned hosting service goes down, The Developers will respond within 24 hrs on any business day (Queensland, Australia) and work to rectify the issue as soon as possible. If the site goes down due to a fault of The Developer then a cancellation notice will not be required by The Client to cancel the hosting agreement; The Client is free to cancel inside the time that the fix is occurring only.

10.11) If The Client is covered by the freedom to “host elsewhere” as noted within these terms with regard to non DATABASY system developments or off-shoots, then The Client agrees to move to an alternate host or an internal server of their own, if The Client predicts any level of negative impact to their business due to any downtime or fault. The Client understands that The Developers hosting may have errors, faults, bugs, malware issues, system breaks or downtime from time to time.

11.0) 3RD PARTY HOSTING outside of The Developers hosting, while mindful of the clauses for external Hosting above, support is not programmed into the quote as a hosting or post-development inclusion, The Developer will either hand over the files as they are, for the hosting support to be executed elsewhere by The Client or The Developers will charge additionally for that support.

12.0) BACKUPS

The Client agrees to backup the project files that they are able to access, within 5 days of receiving sufficient access to do so, and if those files are required to be sent by The Developers and not naturally attained during the course of the developments completion, The Client will request those files, in writing within 5 days of the project completion. If a WordPress website, The Client agrees to backup the files in WordPress themselves within 3 days of being provided with access and again every time they have finished any of their own edits. If The Client is hosting WordPress or Basic HTML sites with The Developers then an appropriate plan can be requested by The Client which incorporates backup management, at The Client’s discretion. If The Client does not know how to execute backups they can request guidance on how to do so, within 5 days of the project completion otherwise such requests beyond this timeframe may incur charges. Backup support may incur charges regardless if it is deemed that it should be readily available (free) or not to the user.

13.0) GENERAL REPORTING

The Developers will not report with project updates until ready to unless timed reporting is otherwise agreed in writing, in which case The Client will contact The Developer admin by email at that time to request the report for each period. If The Client wishes for a specific timeframe for reporting as described, this will be agreed to inside the specification of each project in writing and may affect the cost for the project.

14.0) THE SPECIFICATION & COMPENSATION FOR TIME

The specification is a goal set by The Client. It may require that The Developers have to do the tasks in order to find out that something about the specification does not work. The Client agrees to pay The Developers in full for the tasking as per the agreed rate of the specification and quote, even if part/s of the specification failed or were broken, flawed, misjudged, incomplete, deemed impossible or found to have 3rd party costs in order to be reasonably developed within an efficient manner as per the specification as disclosed by The Developers sole discretion.

14.1) The Client agrees that the project’s specification and quote, accounts already for the case that something may not work or not be reasonably possible and as such a part of the development may fail. The Client will request, during the specification negotiations, that a project is broken into multiple projects for the purpose of proving a concept in an early stage of the entire development in the case that The Client requires that.

14.2) The Client agrees that they are capable of assessing any completion risks and agree that it is the responsibility of The Client to engage additional, independent (even if required to be additionally paid by The Client), expert, system development risk support, as required, prior to the projects agreement & specification being finalised.

15.0) PART PAYMENTS / MILESTONES

In regard to a project which has been separated into milestones, including but not limited to any project divided into 2 parts; for example with an initial payment and a closing payment. These segments are committed by either party only up to the segment already paid. Each segment is its own project. Either party can cancel the agreement during any segment if they do not wish to commit to paying or receiving any advanced payment to open the next segment or do-and-pay for the next segment.

15.1) Any payment agreed to be paid post segment completion will be paid upon completion of the agreed segment. ‘Completion’ status is affirmed at The Developers sole discretion.

15.2) The final segment is only handed over to The Client once paid in cleared funds and in full, and some elements of that final segment may not be possible to develop until after the final segment is paid and the delivery of the files has been provisioned, at The Developers sole discretion. For example a case where certain work needs to be implemented on The Client’s own server.

15.3) All hosting tasks and tasks associated with client ownership are executed strictly post final payments. Clients do not gain access to anything until all segments across a whole string of projects are complete for the reason that clients can create issues in the code causing additional work and inequitable issues. If a client does require access to their codes during a project or string of projects this will be stipulated in writing at the time of the specification and quote.

16.0) ADDITIONAL CHARGES

The Developers will build the development as per the specification, based on its functions being “normal”. For example, if they are building a login function it would be assumed that they will implement normal email, password, and forgot-password functions. “One time only” password feature or “multiple authentication” or Twilio SMS authorisations would be additional to the base expected norm and should be mentioned in the specification. If The Client states during a development that some other random website/s functions are different to the outcome provided by The Developers, this would be something that should have been specifically noted in the specification. Conversely, for example REMOVING the password feature on users’ access to a system would also be additional to the norm and should be mentioned in the specification.

16.1) Anything outside the norm that is not in the specification may incur additional charges. If The Client would like to reflect on how other random websites/systems operate, even if common, then The Client agrees to have stipulated those points inside the specification.

16.2) If The Client demands that The Developers task a developer their way and not The Developers way, it may incur additional charges.

16.3) If The Developers have been asked to remove or change a section, The Developers will do so thoroughly which may include complete deletion in order to optimise waste of data, waste of maintenance, or affecting page speed and so on. If The Developers are then asked to change it back, it may incur fees for rework or to develop something which was part of a complex template and now lost.

16.4) If a client does not respond holistically within 5 business days of any update, the project will be deemed complete and closed and will incur additional fees to reopen the project.

16.5) Estimations, timelines and targets are not deadlines. Deadline demands from The Client will be agreed to at The Developers sole discretion and additional charges will be quoted, approved, independently invoiced and 100% paid, prior to the agreement being formalised. The agreement will only be for the absolute foreseeable tasks as per an attached specification to the agreement and will be at the mercy of extensions due to unforeseeable client feedback. If there is no paid invoice prior to works commencing for that deadline specified works, related specifically to an isolated deadline invoice then there is no deadline. Changes to the specification requested by the Client, will sever the existing deadline agreement and a new deadline agreement will be requested by the client if still required, in the form of a new deadline specific invoice for immediate settlement, prior to continuing the development.

16.6) See also the “Project Completions” section in these terms.

17.0) CLIENT ACCESS to a project occurs after the final development, hosting and any add-ons are settled in cleared funds and the project in all parts is 100% complete. The code in the case that the system is hosted strictly by The Developers would not be accessible by The Client however access modules could be available or additionally created if agreed in a specification/quote.

18.0) DEVELOPER ACCESS

Any passwords provided to The Developers will be protected by The Client by way of limited invitational access and 2 factor authentication so The Client has the power to deny access and The Client will change any form of access provided within 24 hrs of providing it to The Developers.

19.0) ABUSE is not tolerated which includes airing of disappointment, blame, aggression, foul language, discrimination or berating The Developers to work faster or demanding The Developers to push updates “that do not contain errors”. The Developers conduct a process which takes the time that it takes and often requires a lot of error displayed before the final outcome is reached.

19.1) The parties are required to be positive, patient and enduring until the specification is complete and the project is hosted and stabilised. The parties expect technical issues & design flaws to occur during the course of the development &/or after the development is complete and agree not to blame the technical or management team for any such issues and accept these issues as par for the course until complete under The Clients guidance.

20.0) SIGN UP FEES

“Sign Up Fees” are a payment in arrears for the service leading up to the transaction. Sign Up fee payments are not advanced and do not cover the cost of future services at all and cover only the cost of the process leading up to that payment being made; such as the quote development &/or mock designs, research, strategy & setup leading up to that point. By settling that payment The Client is agreeing to the steps up to that point being complete, serviced, sufficient and good.

20.1) Initial payments on any project, if less than 70% of the entire (fixed or annual) project cost are “Sign Up Fees”.

21.0) COMMUNICATIONS DURING HOSTING & DEVELOPMENT are strictly in writing by email unless an appointment is scheduled. This ensures all communications post the agreed specification are recorded effectively, clearly outlined in usable business format, and agreed to in writing.

21.1) The Client agrees that all communications will be via The Developers appointed communicator at The Developers sole discretion and that meetings will not be made available with any developer-member of The Clients choosing or requesting.

22.0) PAUSING A SERVICE by request, or by default due to non payment, will incur a one time per scenario re-establishment fee of $150 + GST. Projects, services and subscriptions may be paused by default by The Developers at The Developers sole discretion if The Client’s entire account is not completely paid and up to date or if legal action is threatened by The Client, or if non-payment is threatened by The Client, or if requests for refunds are issued by The Client; at The Developers sole discretion. See also “Stoppage During an Incomplete Development” section within this agreement (below).

23.0) RECURRING SERVICE CANCELLATIONS that are not inside an agreed subscription period that has not been exhausted yet, are required 2 weeks in advance. Subscriptions are not interchangeable after commencement, for a lesser subscription or for a redemption of cash or credit, at The Developers sole discretion.

24.0) STOPPAGE DURING AN INCOMPLETE PROJECT

If The Developers are given the impression that payment may not be availed by The Client at the end of the project or refunds will be expected or legal action will be possible, this will cause The Developers to stop work and they will only continue work when the account is paid completely to date and the final payment for any outstanding projects are received in full even if the project/s is not yet finished, forcing in effect the “Project Payment Process” (as seen in this agreement) to shift to 100% advanced payment if not already. The 100% will be requested to be settled before continuing and The Client understands that this request must be met within 5 business days or the project will close and may incur additional charges to re-open the project &/or the project could be lost permanently if the account is not supported with the required payments. Once the 100% is settled the development will continue to completion if The Client is still supporting the development with appropriate, timely, supportive and positive (non abusive) communication; if not, the project/s may be lost permanently.

24.1) The Developers having been given the impression that a development might not be paid by The Client, includes but is not limited to, any of the below. The Client:

* Changes their mind about the development

* Expresses unwillingness to see the project to its end

* Expresses circumstantial change affecting The Client’s ability to properly support the agreement

* Is not enduring and supportive

* Expresses a lack of faith in The Developers skills

* Requests discounts or refunds during a development and prior to its completion

* Threatens disparagement as an encouragement for performance outside the specification

* Threatens legal action

* Demands that any update needs to be error free

* Demands that new elements, which were not expressly mentioned in the specification should be met, without additional payment, including deadline demands

* Mentions that there are, or may be, conditions added which were not highlighted in the agreed specification, quote or terms.

24.2) The Developers may, at their sole discretion, choose to complete a project when The Client has expressed issues as per the above, in order to finalise a project prior to facing mediation/Magistrate.

24.3) The Developers may, at their sole discretion, choose to stop work until a mediation/Magistrate process with regard to the project is complete.

25.0) OVERDUE INVOICES & FEES

Accounts that are not paid in a timely fashion could result in The Developers needing to encounter additional costs with regard and not limited to; technical work for hosting in alternate locations to avoid full costs in non supported and or costly environments in a short to long term while waiting for a clients payment, starting and stopping staffing / contracting / hosting / services, internally affecting 3rd party cancellation fees or adjustments of the like, delays in executing a pause with an internally affecting 3rd party with fees associated, starting and stopping paid and non paid integrations, managing relationships to keep a project live / secured / available / monitored, adjusting projects, re-organising budgets, re-organising integrations permissions, re-organising capacities and absorption of replacement work, re-organising tasks, delaying other projects, administrative expense, debt collection administrative expense, and so forth.

25.1) Overdue Invoices that are due and not paid will incur $150 + GST per week in additional charges to cover expected administrative overages, which are acknowledged and agreed to by the user as significant and real.

25.2) The Developers will pursue legal cost reimbursement and normal bank interest on top of costs and total outstanding amounts as required.

25.3) The Developers will refuse any level of support across any part of The Clients account if any part of the account is overdue, at their sole discretion. This will not impact the due dates of any agreed subscriptions or services.

25.4) The Developers will not support the handover of files if any part of an account is unpaid.

25.5) The Developers will not provide any support to accounts with overdues.

25.6) The Developers will not store or host files for free on unpaid accounts.

26.0) FORCED CHARGES TO DEBIT / CREDIT CARDS

By providing your debit/credit card information via The Developers website or direct communication to The Developers, you allow The Developers to force a charge on your card for payments and subscription payments in accordance with the terms of any given agreement / payment-due /subscription payments /recurring-payments, which may include written or verbally agreed support for payment.

26.1) The Developers recurring services agreed to, will continue indefinitely unless requested by the customer to cancel or otherwise agreed in writing, e.g. a fixed term agreement.

26.2) Subscription amounts due are charged to the debit/credit card on file (if the card is availed by The Client) on the due date. Project progressive payments and or milestones are subscriptions and The Developers will force these charges. Projects with a portion paid up front and another portion paid at the end, or including payments in the middle are subscriptions and The Developers will force these charges. Projects with month to month or alternate periodic payments, are subscriptions and The Developers will force these charges. Payment plans are subscriptions and The Developers will force these charges. Plans are subscriptions and The Developers will force these charges. Do-and-charge projects are subscriptions and The Developers will force these charges. Furtherment of costs are subscriptions and The Developers will force these charges.

26.3) The Developers may at times charge a $1 annual subscription item per product in addition to the product cost for the purposes of re-purchasing an affirmation of an agreement annually but under any new conditions that may have changed across that time and will be reaffirmed at that point by the transaction. The Client agrees to request a review of the up to date terms at the time that their agreement is approaching renewal at least 5 days in advance and no more than 45 days in advance if they do not have natural access to those updated terms. The Client agrees that a $1 item added to a product is always indicative of this clause.

27.0) LATE RECURRING SUBSCRIPTION PAYMENTS

The Client agrees that a late payment on a subscription may impact the serviceability of a service, project or product but it will not impact the amount owing on the account. The Client agrees to approach The Developers in writing in advance should they wish to pause a service, project or product and simultaneously the amount owing on the account, at which time The Developers will confirm if the cost can be paused and any extension to the agreement, at The Developers sole discretion.

28.0) 3RD PARTY PRODUCTS AND SERVICES

The Client’s 3rd party costs such as Google Ads or Facebook Ads clicks etc are separate from The Developers costs and charges unless otherwise stipulated in writing.

28.1) The Developers will buy and on charge, at cost, for peripheral 3rd party requirements such as website templates, security certificate or domain hosting renewals or minor element costs that we manage for The Client or images/videos/fonts as part of any design process; however, we won’t exceed $350+GST without approval and will always seek first for a free option that works just as well however the option to choose a paid version will be at The Developer’s discretion.

28.2) The Developers will not interfere with 3rd party costs to any platform for example and not limited to: Google Ads, LinkedIn, Instagram, app stores, reporting software, other software specific to your business or project or whereby the fees or “click-costs” for those services will be between you and that service.

28.3) The Developer takes no responsibility for these 3rd party fees and the accounts and monetary setup, maintenance, limitations, and risk are to be managed by The Client, unless specified in writing as a service execution which resides inside The Developer’s own account for a 3rd party. By engaging with The Developers, you agree that you are capable of managing this risk on a daily frequency of maintenance.

28.4) The Developers are self-sufficient in managing their own subscriptions to the tools it uses for general purposes such as video/audio/animation/design-work-stations and their preferred, chosen and ongoing marketing tools.

29.0) CANCELLATIONS

For either party, a minimum of 2 weeks-notice is required in writing, to cancel a recurring service which is no longer, or never was, under any minimum number of subscription months/weeks/days/events.

30.0) LIABILITY

The Developers do not guarantee our work on any project from failures. Concepts, actions, functions, security, hosting, strategies, applications, platforms or projects may be flawed, forgotten, fail, contain errors, breaks, get hacked, scammed or become lost. The Developers are not liable for any client damages or third–party damages, lost revenue, savings, profits, incidentals, consequential or any other special damages under any circumstances.

30.1) The Developers are not liable for any third-party fee’s such as but not limited to Google Ads or Facebook click costs, unless otherwise stipulated by The Developers in writing, regardless of any circumstance including The Developers actioning or intending to action a stop or amendment of any kind to the functions driving the clicks and/or fees associated. It is The Client’s sole responsibility and should be managed by The Client as such on a daily basis.

30.2) The Client hereby agrees that it is knowledgeable on how to access and manage the information, functions, impacts, agreements & interests regarding any and all third party associations related to The Developer’s services engaged by The Client and will monitor & manage this as required every day and does hereby sever The Developers from any such liability or responsibility.

30.3) The Client will not perceive The Developers as responsible for any agreed service pathway being barred by a 3rd party disassociation or uncooperation.

30.4) THE CLIENT AGREES THAT TECHNICAL ISSUES WILL NOT BE DEEMED THE FAULT OF THE DEVELOPERS.

31.0) REFUNDS

Payments & charges as referenced within these terms are not refundable other than by The Developer’s sole discretion, including but not limited to the termination of this agreement for whatever reason.

31.1) It is assumed that when the payment is received by The Developer it is instantly spent by The Developers; and is not refundable under those same terms in relation to any agreement with The Developers except under any payment recipient’s sole discretion.

31.2) In the case that a refund was offered for a project by The Developers under The Developer’s sole discretion, it would likely be for a maximum of 5 days work and in which case The Developers would consider the option to exchange the refund for an additional 5 days work.

31.3) The Client agrees to review the services on a weekly basis and to make any necessary requests of The Developers in order to keep consistent weekly assessments of The Developers.

31.4) The Developers will never refund 3rd party costs. The Client should look to that 3rd party to recover any costs charged by them.

32.0) CONTENT

The User will provide the content for inserting into their DATABASY system projects such as words, images, videos or articles unless otherwise agreed by DATABASY. In whichever case, any required copyright compliance or licences are the responsibility of The User at all times as well as purchase costs of all templates, subscriptions and content. If The User is unsure of the origin of certain content and it believes it to have been sourced or created by DATABASY, the Customer must request clarification in writing as to its source. The User retains the responsibility of clarifying the sources of content & holding responsibility for its use, and for submitting replacement content for that content which is unable to be clarified; even if the service of providing content was provisioned by DATABASY.

33.1) The Developers reserve the right to utilise the same content on their developments as they may have used on other developments.

33.2) If The Client requires a list retained and shared with the customer of content which we source for the customer, the customer will request this in writing within no more than 30 days of a projects completion, as a specific task designed by the customer which may incur additional charges by The Developer.

33.3) The Developers retain the right to use the codes, design, look & feel of projects with multiple businesses, even if they are in competition with each other and even if they are operating in the same city.

33.4) A licence will never be transferred to The Client for use of any peripheral material surrounding a project such as lists, guidance content, reporting aids or tools unless otherwise agreed in writing.

33.5) The Client is responsible for all activity and content such as templates, open-source codes, photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your accounts websites, software or marketing channels.

33.6) Upon completion and final payment of cleared funds on a project, a non-exclusive licence for the development will be granted by default to The Client for use under the conditions within these terms.

REGION 3/4 – GENERAL LEGAL

a) General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and DATABASY does not take action right away, this does not mean that DATABASY is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and DATABASY relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact DATABASY, please visit www.databasy.io

Except as set forth below: (i) the laws of Queensland, Australia, will apply to any disputes arising out of or related to the Terms or the products and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE PRODUCTS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF BRISBANE, QUEENSLAND, AUSTRALIA, AND YOU AND DATABASY CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

b.) Government Organisations. Prior to any government organisation engaging with DATABASY, that organisation will seek to pay to engage DATABASY’s legal team and the Government organisation will pay for any additional contract to be generated for the specific requirement. The Government organisation will pay for the contract to be designed by DATABASY’s preferred lawyers.

c.) Private Organisations. Prior to any private organisation engaging with DATABASY on legal terms, that organisation will seek to pay to engage DATABASY’s legal team and the private organisation will pay for any additional contract to be generated for the specific requirement. The private organisation will pay for the contract to be designed by DATABASY’s preferred lawyers.

d.) Public Organisations. Prior to any publicly listed organisation engaging with DATABASY on legal terms, that organisation will seek to pay to engage DATABASY’s legal team and the public organisation will pay for any additional contract to be generated for the specific requirement. The public organisation will pay for the contract to be designed by DATABASY’s preferred lawyers.

e) THESE TERMS may change at the commencement of any given month, you agree to check these terms monthly while engaged with DATABASY via the terms checkbox at the login page.

e) THIS AGREEMENT is active between The Client and The Developers at the point the initial payment for such is transacted (the engagement). If any part of this Agreement should for any reason be unenforceable, then that part will be severed from this Agreement and will not affect the validity or enforceability of any remaining parts. Furthermore, if the customer agrees to any payment which has a recurring agreement The Client thereby agrees to a direct debit agreement, and authorise The Developers to debit The Clients account through the bulk electronic clearing System (BECS) on behalf of The Developers for any amounts as part of that agreement or separately communicated to you by the merchant. You certify that you are either an account holder or an authorised signatory on the account for whom the payment details have been entered. By agreement herein, the customer hereby agrees that they have engaged all necessary considerations and decision–making parties to ensure this is the correct decision for their requirements. This agreement is lasting. These terms are between the parties and in relation to all products and services that may occur across the course of the relationship.

f) This agreement overrides any previous agreement or conversation, without exception.

g) These terms apply across The Client and developer relationship. The terms apply across all projects from the moment the first transaction is made and after having been provided these terms.

h) If any clause within these terms is not legally binding all other clauses will remain binding.

i) These terms and the directly associated and final specification & quote override any previous communications.

REGION 4 OF 4 – OPEN SOURCE AGREEMENTS

The following 3rd party licenses / open source licenses apply to the use of Databasy

The address module contains information from openstreetmap.org, which is made available here under the https://opendatacommons.org/licenses/odbl/1-0/ (ODbL).

The overall application framework is developed using:

https://docs.laravel-excel.com/nova/1.x/getting-started/license.html

The front end development framework is developed using:

https://getbootstrap.com/docs/4.0/about/license/

The javascript library is:

https://jquery.org/license/

The application integrates with Google:

https://opensource.google/documentation/reference/thirdparty/licenses

The application integrates with Outlook:

https://www.microsoft.com/en-us/legal/intellectualproperty/open-source

The application integrates with Firebase:

https://firebaseopensource.com/

Dates and times, including time zones:

https://moment.github.io/luxon/#/

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