SiteManagerNow Terms and Conditions

All users of SiteManagerNow will be bound by our Terms and Conditions. This includes trial and demonstration users. A printer friendly version in Adobe Acrobat format is available by clicking here.

Terms and Conditions

1. Definitions

2. Use of SiteManager

3. Your obligations

1. You must pay all Service Fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time the Service Fee or charge is payable. Your payments must be paid directly on the 20th of the month following invoice.
   
   
2. You will have a ‘one-off’ option to register for a 14 day free trial for up to 3 Users. Should you opt to take up the 14 day free trial no Service Fee will be payable during that period.
   
   
3. If you do not take up the 14 day free trial, or following the conclusion of your 14 day free trial, once you press the ‘Sign Up’ button you will be signed up to SiteManager for an initial term of one year (Initial Term).
   
   
4. The Service Fee charged will equate to the current total number of Users and Sites accessed by you, and to any other services you choose to purchase from SiteManagerNow, including but not limited to, technical support, training, customisation or any other services that may be offered by SiteManagerNow from time to time.
   
   
5. You will be billed monthly, and all SiteManager invoices will be sent to you via email or presented within the SiteManager system. You are responsible for payment of all taxes and duties in addition to the Service Fee, including GST (if applicable).
   
   
6. Subject to clause 7.1 b, all payment obligations are non-cancellable and all amounts paid are non-refundable.
   
   
7. You may add or remove Users and/or Sites by updating your profile on SiteManager, and you will be subject to the following:
   
   
   1. Added Users and/or Sites will be coterminous with the pre-existing term; and
      
      
   2. The Service Fee for the added Users and/or Sites will be the then current, generally applicable Service Fee.
      
      
   3. If you are removing Users and/or Sites the reduction in the Service Fee will show on your account the following month.
      
      
8. You must at all times provide SiteManager with complete and accurate contact and billing information. This includes: your legal (company) name; street address; email address; name and address of the authorised User account person; and valid credit card details.

1. You will ensure that all usernames and passwords required to access SiteManager are kept secure and confidential. You will immediately notify SiteManagerNow of any unauthorised use of your passwords or any other breach of security. It is your responsibility to maintain the security of User access, logins, and passwords, including resetting any password(s) or deactivating any User account(s).
   
   
2. As a condition of these Terms, when accessing and using SiteManager, you must:
   
   
   1. not attempt to undermine the security or integrity of SiteManagerNow's computing systems or networks or, where SiteManager is hosted by a third party, that third party's computing systems and networks;
      
      
   2. not use, or misuse, SiteManager in any way which may impair the functionality of SiteManager or the Website, or impair the ability of any other User to use SiteManager or the Website;
      
      
   3. not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which SiteManager is hosted;
      
      
   4. not modify, adapt or hack into SiteManager, or modify another website so as to falsely imply that it is associated with SiteManager.
      
      
   5. not transmit, or input into SiteManager, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
      
      
   6. not modify, copy, adapt, reproduce, disassemble, resell, decompile or reverse engineer SiteManager or the Website except as is strictly necessary to use either of them for normal operation.
      
      
   7. take responsibility for any activity occurring under your User account, and shall at all times adhere to all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of SiteManager, including those related to data privacy, international communications and the transmission of technical or personal data.
      
      

1. You are authorised to use SiteManager (subject to accepting and complying with the terms and conditions) and to access the information that you access using SiteManager (whether that information is your own or that of anyone else).
   
   
2. If you are using SiteManager on behalf of or for the benefit of an organisation (whether a body corporate or not) then SiteManagerNow will assume that you have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms).
   
   
3. The provision of, access to, and use of, SiteManager is on an 'as is, where is' basis and at your own risk.
   
   
4. SiteManagerNow does not warrant that the use of SiteManager will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing SiteManager, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to SiteManager. SiteManagerNow is not in any way responsible for any such interference or prevention of your access or use of SiteManager.
   
   
5. Any additional costs associated with accessing SiteManager, including hardware, other software and Internet access are your sole responsibility.
   
   
6. It is your sole responsibility to determine that SiteManager meets the needs of your business.
   
   

6. Limitation of liability

7. Termination

1. You may be entitled to a 14 day trial period, which will commence as soon as you are granted access to SiteManager by SiteManagerNow for the first time. You may terminate these Terms (and no Service Fee will be payable) by serving notice on SiteManagerNow within those 14 days.
2. If, before the expiry of the first 90 days of your first subscription to SiteManager, (for the avoidance of doubt, the 14 day free trial period is included in the first 90 days), you serve notice on SiteManagerNow that you wish to immediately cancel your subscription, and explain the reasons why SiteManagerNow is not suitable for your requirements, then SiteManagerNow will:
   
   1. refund all Service Fees have have paid to SiteManagerNow up to the date of cancellation.
      
      The cancellation and refund rights detailed in this clause are only available to be exercised by you, your company and your web site once.
      

1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or
   
   
2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.3 or any payment more than 30 days overdue); or
   
   
3. the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction; or
   
   
4. use SiteManager for improper reasons or purposes, which will be determined at SiteManagerNow's sole discretion,
   
   SiteManagerNow may take any or all of the following actions, at its entire discretion:
   
   
   1. Terminate these Terms and your use of SiteManager;
      
      
   2. Suspend for any definite or indefinite period of time, your use of SiteManager.
      
      

1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
   
   
2. immediately cease to use SiteManager.

1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
   
   
2. Each party's obligations under this clause will survive termination of these Terms.
   
   
3. The provisions of clauses 8.1a and 8.1b shall not apply to any information which:
   1. is or becomes public knowledge other than by a breach of this clause;
      
      
   2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
      
      
   3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
      
      
   4. is independently developed without access to the Confidential Information.

10. Support

1. Whilst SiteManagerNow intends that SiteManager should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.
   
   
2. If for any reason SiteManagerNow have to interrupt SiteManager for longer periods than SiteManagerNow would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.