Terms & conditions
Findex Products
DEFINITIONS
Findex means Findex (Aust) Pty Ltd ABN 84 006 466 351 and any entity related to it that provides access to, or services in relation to, Products.
Products means internet accessible software toolkits and applications, together with supporting databases, provided by Findex from time to time including the Products known as Analysis-One and Open Measures.
Subscriber means the party applying to Findex for Users to have access to the Products.
Subscription Fee means the pre-paid fee, including in the first month setup, payable by the Subscriber for each User to have access to Products.
User means a natural person to whom a User ID has been allocated at the request of the Subscriber.
User Data means data created and controlled by a User in the course of using Products.
User ID means a method of identifying a User by use of a unique user name and password.
LICENCE TO USE PRODUCT(S)
Subject to the prior payment of all relevant Subscription Fees and compliance by the Subscriber and all Users for whom that Subscriber has requested a User ID, Findex grants to the Subscriber and though the Subscriber to all Users for whom that Subscriber has requested a User ID a non-exclusive, non-transferable, limited licence to use the Product(s) for the period covered by the pre-paid Subscription Fees.
LIMIT ON USE OF PRODUCTS(S)
Products may not be used by a Subscriber or by a User for whom that Subscriber has requested a User ID other than for the benefit of the Subscriber. User IDs are only to be used by the User in relation to which the User ID was issued, and are not to be disclosed to any third party.
PERIOD OF LICENCE
The minimum period for which each User ID will be issued is three (3) months and the licence will continue for as long as Subscription Fees have been paid, unless the licence is otherwise terminated as set out in this document.
If for any reason the Subscription Fee for a User is not received within 7 days of it being due for payment, Findex may immediately suspend or terminate its agreement with the Subscriber in its absolute discretion.
After the minimum period, the rights of a User will continue from month to month unless the Subscriber, or the relevant User, gives not less than fourteen (14) days written notice to Findex prior to the end of a month that the User ID is to be cancelled at the end of that month. That User’s right to use the Products will cease at the end of that month.
SUBSCRIPTION FEES
Subscription Fees are calculated and payable monthly in advance. A Subscriber may request Findex to increase or reduce its current Users. An adjustment to the Subscription Fees payable by that Subscriber will be made: where new Users are added, from the beginning of the month in which the request is made; and where the number of Users are reduced, from the end of the month in which the request is made, provided at least fourteen (14) days prior notice is given. Any other changes regarding Users requested by a Subscriber will be made by Findex as soon as reasonably practicable.
Where Findex agrees to invoice a Subscriber for Subscription Fees, rather than fees being payable in advance by credit card or periodic bank debit, the Subscription Fees will be invoiced and paid quarterly in advance.
Findex agrees that provided the minimum period for subscription has elapsed for a User, the subscription for that User may be terminated at the end of any month by giving not less than fourteen (14) days prior written notice, and any unused subscription fees for that User will be refunded to the subscriber.
Subscription Fees for all Users for whom that Subscriber has requested a User ID will increase by six per centum (6%) on each anniversary of the Subscriber becoming a customer of Findex for the Product(s).
ACCESS TO PRODUCTS
Findex will host the Products at a location and upon computer equipment of its own choosing.
The Subscriber is responsible for the means, and technology required, for the Users nominated by that subscriber to be able to access and use the Products.
While Findex has taken reasonable steps to ensure that the Products conform to their design, no computer software product is error free and Findex makes no warranty that the use of the Products by a User will satisfy the User’s requirements.
Information derived by the use of the Products is capable of being interpreted in a number of ways and that interpretation is the sole responsibility of the User. Findex is not providing professional advice or services to Subscribers or Users.
The Subscriber acknowledges that access to the Products may not be available from time to time because of application, server or hosting failure, as well as for maintenance and backup requirements.Findex will take reasonable steps:
to prevent application, server and hosting failures; and
to schedule routine maintenance and backup activities at times least likely to cause most Users inconvenience, and to notify Users when those activities are scheduled.
INTELLECTUAL PROPERTY
All intellectual property rights in the Products remain in Findex.
All Subscribers and Users undertake not to incorporate the Products, or any part of them, into any other computer program and that they will not make any attempt to decompile, disassemble or reverse engineer the Products.
Subscribers and Users acknowledge that Findex may take technical measures to protect the integrity of the
Products and they undertake not to attempt to evade, circumvent, remove or tamper with such protections or measures.
All intellectual property in User Data remains with the User. Findex will use all reasonable efforts to ensure that User Data remains confidential to the User and that it will not be disseminated, other than to the User or the Subscriber responsible for the payment of subscription Fees for that User or as required by law or in the reasonable protection of the rights of Findex. At the request of a Subscriber, Findex will provide general details of the security measures in place designed to protect User Data.
LIMITATION ON LIABILITY
To the maximum extent permitted by law, a Subscriber’s/ User’s sole remedy against Findex for any breach of this agreement, or loss or damage suffered directly or indirectly from the use of Products, whatever the cause, is to terminate the agreement by notice in writing. Where our liability at law cannot be limited this way, Findex's liability is limited to supplying the relevant Product(s) again for the relevant User(s) for a period of one (1) month.
ASSIGNMENT
Findex is entitled to assign its rights and obligations in relation to Subscribers and through them Users, without consent. Subscribers are entitled to assign their rights and obligations with the consent of Findex. Such consent will not be unreasonably refused.
GENERAL
These Terms and Conditions and our relationship with Subscribers and Users is governed by the laws applying in the State of Queensland, Australia and the Courts of that place have exclusive jurisdiction to determine all disputes concerning those relationships. All notices must be given in writing.
sent by email, notices are deemed to have been received on the next business day after they are received by the server hosting the email recipient’s mail domain.
If sent by facsimile, notices are deemed to have been received at the time and date shown on the transmission report of the machine from which the facsimile was sent which also shows that the whole facsimile was sent to the facsimile number of the recipient.
If given by pre-paid mail, notices are deemed to have been received, if sent and received within Australia on the 3rd business day after the date of posting, and if involving international transit, on the 10th business day after the date of posting.