Provision of Services
FlowPro (“FP”) is a commercial initiative by EXPEDIT SOLUTIONS PTY LTD and its agents provide hosted and onsite software products and services (hereinafter referred to as the “Services”). FP reserves the right to suspend or cancel a customer's access to any or all Services provided by FP or their hosting partners when FP decides that the account has been inappropriately used or that these Terms and Conditions have been broken in whole or part.
These Terms and Conditions supersede all previous representations, understandings or agreements, unless specifically agreed otherwise by both parties, in writing. Placement of an order, or advance payment, or an instruction to proceed by the customer constitutes agreement to and acceptance of these Terms and Conditions which are available via our web site www.miningappstore.com (the “Web Site”). If you do not agree to abide by these terms and conditions, do not use the Web Site.
The customer agrees that it shall defend, indemnify, save and hold FP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against FP, its agents, its customers, software partners, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless FP against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with FP;
- any material supplied by a customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from FP’s or its partners servers.
This agreement shall be governed by the laws of Queensland, Australia.
All software and software as a service commissions provided by FP and its partners to the customer are subject to the following terms and conditions:
Charges for Services to be provided by FP will be defined in the online store. Prices may be subject to fluctuation. FP will endeavor to keep prices as stable as possible.
FP will deliver the customer's software service immediately. Any service requiring consulting support will begin by FP or a third party within 7 working days of the date of purchase.
Costs and Payments
You must pay all charges as set out in the online store order. As prices quoted on FP material may change over time, please check the price on your quotation before confirmation. You will remain liable for all fees outstanding during any period when Services have been discontinued or suspended. All accounts are payable in advance. FP reserves the right to prioritise early paying clients.
All accounts are set up on a prepay basis. Although FP reserves the right to change prices of accounts, subscriptions or services at any time, pricing is guaranteed for the period of prepayment.
All renewal payments must be received at least 5 working days in advance of the renewal date to ensure that no disruption to the service is incurred. FP reserves the right to suspend this and other services until any outstanding debt is cleared. FP will not be responsible for any data lost due to non-payment closure of an account. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
Any transport costs or travel expenses accrued by either the customer or FP in performing work for the services provided are the exclusive responsibility of the customer. The customer agrees to pay any travel costs and expenses in addition to the price quoted.
Cancellation and Refunds
Fees charged on a prepay basis are non-refundable.
FP is not required to provide a refund if you change your mind about the services you asked for. But the customer can choose to cancel a service contract, and receive a refund for unconsumed services, if the service has a major problem. This is when the service:
- has a problem that would have stopped someone from purchasing the service if they had known about it
- is substantially unfit for its common purpose, and can't be easily fixed within a reasonable time
- creates an unsafe situation
If you choose to continue with the contract, you can ask us to compensate you for any difference in the value of the services we provided and what you paid.
If the problem is not major, we will fix it within a reasonable time. If it is not fixed within this time, you can choose to have someone else fix the problem and recover all reasonable costs from us. If the problem cannot be fixed, we view it as a major problem.
Suspension of Services
FP reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by FP services may be halted until payment is confirmed. FP may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of FP.
Your Data Security
Due to the changing nature of your Information Technology systems you understand that you are totally responsible for the security of your business. FP makes no representations to you concerning the content or functionality of your information systems. This is your responsibility to ensure that these systems meet your requirements. If you provide FP with goods, material, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties. Additionally you indemnify FP against any action taken against FP by any such third party. FP for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
Technical Support, Changes and Maintenance
Technical assistance via telephone or email will be offered; however, extensive queries or enhancements taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates.
The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
- Clearly communicate in writing the background facts leading to or causing the dispute
- Set out clearly what action is required to settle the dispute
- Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
- Discuss specific means of avoiding such disputes in the future
The customer retains the copyright intellectual property rights to data, files and graphic logos provided by the customer, and grant FP the rights to publish and use such material. The customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The customer is further responsible for granting FP permission and rights for use of the same and agrees to indemnify and hold harmless FP from any and all claims resulting from the customer's negligence or inability to obtain proper copyright permissions. An order placement and/or instruction for software service shall be regarded as formal and binding confirmation by the customer to FP that all such permissions and authorities have been obtained. All information including: software, reports, files, presentations created by FP will remain the property of FP. FP shall be free to use any ideas concepts know-how or techniques acquired in the Services for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Invoices will be provided by FP upon completion of any work undertaken and are due upon receipt. Invoices will be provided on the Web Site.
Payment terms are strictly on a monthly basis paid in advance each month. Complete payments must be received by FP within 31 days from the date an invoice is issued. Failure to pay all amounts by the due date may be subject to:
- withdrawal of services and support, including Services and support in respect of which the customer has already made payment in full; and
- a backdated interest on amounts outstanding at the rate of 8% per month above the Reserve Bank of Australia reference rate. Compound interest will be applied to overdue amounts on a monthly basis.
Customers with accounts in default also agree to pay FP reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by FP in enforcing these Terms and Conditions.
If the customer in default maintains any software, information or files on FP's hosted software services including web services, FP reserves the right to remove all such material from its hosted services. FP is not responsible for any losses whatsoever to the customer’s business incurred due to the removal of the service. Removal of such material does not relieve the customer of the obligation to pay any outstanding charges assessed to the customer's account.
Termination of Services by the customer must be requested in writing and signed. Termination will be effective on receipt of such notice. The customer will be invoiced for any services provided completed to the date of first notice of cancellation for payment in full within 14 (fourteen) days.
The software services and any associated system coding developed by FP remain the intellectual property of FP. Any content, i.e. text and images provided by, or entered into the system by the customer and/or their clients, remains the property of the customer. If a customer wishes to terminate their account with FP and transfer their information elsewhere, FP will advise and assist with any data extraction and transfer work subject to FP’s standard hourly rates.
Changes to Service
As part of our annual support services FP offer to make minor changes to content and functionality free of charge as long as the work involved does not exceed 15 minutes in duration or take place more than once a month. Any changes incurring work over and above this limitation will be subject to quotation.
Customer Data Entry
FP cannot accept responsibility for any data entered by the customer or any other party to the customer's services. Such data entry includes, but is not limited to additions, modifications or deletions.
Hosting service accounts are defined as those facilities provided to support and host the customer’s business information. Accounts are to be used by the customer/account holder only. Account holders are not permitted to resell, store or give away services of their web site to other parties. Exceptions to this are restricted to only links, ad banners, classified ads, and personal ads.
FP reserves the right to refuse hosting services to anyone should it decide that the account has been used inappropriately or otherwise. FP will not allow any of the following content to be stored on its servers or its hosting partner’s servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any International, National, or Local Government regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of FP.
- “Warez” - Includes pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Unsolicited email (Spam) is considered an unacceptable use. Whether the unsolicited email originates directly from the client’s services or otherwise, abuse reports received concerning a client result in suspension or closure of the service without refund.
FP will not be responsible for any damages your business may suffer. FP makes no warranties of any kind expressed or implied for services we provide. FP disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FP and its employees. FP reserves the right to revise its policies at any time.
FP will not be responsible for the accuracy, legitimacy or relevancy of any legal terms and conditions, nor any policy or contractual notices posted on client’s web sites. It is the client’s responsibility to ensure that these are accurate, appropriate and satisfy the mandatory legal obligations of their countries law and relevant business regulations.
In no circumstances whatsoever will FP be liable for economic, indirect or consequential loss arising from delays or service interruptions.
FP will not be responsible for loss occasioned by computer viruses, whether introduced by the customer's software or otherwise.
FP reserve the right to remove material deemed inappropriate from your services, without prior notice.
FP shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of Services.
Unless otherwise stated, the services quoted shall be provided by FP. Should technical support be required by a client, an email should be sent to FP and the matter raised will be managed within the FP ticketing system.
Where FP consider that the services offered by our hosting service do not meet the requirements of the client or that an increased level of technical support is necessary, FP will propose an alternative service separately to this agreement.
Unlimited Use Policy
High bandwidth usage: FP offers a high use policy by maintaining very large ratios of bandwidth per customer. In rare cases, FP may find a customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, FP reserves the right to impose the High Resource User Policy clause as stated below in order for FP to provide equitable consideration of all its customers.
High Resource Policy
Resources are defined as bandwidth and/or processor utilisation. FP may implement the following policy to its sole discretion: If a service is found to be monopolising all the resources available to the detriment of other customers of FP, then FP reserves the right to immediately suspend that service. This policy will only be implemented in extreme circumstances. Customers may be offered an option whereby FP continues hosting the service for an additional fee.
FP will not provide backups unless otherwise quoted.
If any of these Terms and Conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between FP and the customer. The remaining terms and conditions remain in full force and effect.
Written and authorised communications between FP and the customer may take the form of letters, formal documents or emails.