1. Agreement to these terms
These terms govern your use of this website and the licences and services you purchase from Software Insight Pty. Ltd. (we, us). By placing an order or using our services you agree to these terms. If you do not agree, please do not use the services. Nothing in these terms limits rights you hold under the Australian Consumer Law that cannot lawfully be excluded.
2. Our services
We license business software (the InsightSuite modules and add-ons described on this website), provide related support, hosting, training and consulting services, and make downloads available to licensed customers. The detail of what you have purchased is set out in your written quote, order confirmation or licence document, which prevails over these terms to the extent of any inconsistency.
3. Your licence
On confirmation of your order, we grant you a non-exclusive, non-transferable licence to install and use the licensed software up to the user and module limits recorded on your licence key, for your own internal business purposes. You may not resell, sublicense, lend or host the software for third parties, and you may not remove or obscure any proprietary notice within the software.
Your data remains yours at all times. You may export it in standard formats at any time, and on termination we provide a complete final export and certify deletion of hosted data upon request.
4. Payment
Invoices are payable within 30 days of the invoice date, in Australian dollars, unless your order states otherwise. We may suspend support services if an account remains unpaid after a written reminder. Prices are as quoted; we give at least 30 days written notice of price changes affecting existing subscriptions. Interest on overdue amounts may be charged at the rate stated on the invoice, and recovery costs remain payable by the customer where the debt is undisputed.
5. Support services
Support is provided per the response targets published on our Support page, during the stated support hours. We aim for dependable software and quick fixes, but we do not warrant uninterrupted or error-free operation; scheduled maintenance windows may occasionally interrupt the hosted service, and will be announced in advance where practicable.
Standard support covers the software we ship and its documented configuration. It does not cover third-party customisations, changes made directly to the database by other parties, or hardware, network and third-party software issues outside InsightSuite. Where the boundary of coverage is unclear, we will tell you before work begins.
6. Intellectual property
The software, documentation and this website remain our property. Nothing in these terms transfers ownership to you. You may not reverse engineer, decompile or create derivative works from the software except to the extent that applicable law permits despite this clause. Custom code written for you under a signed specification is licensed to you perpetually and non-exclusively unless the specification states otherwise.
7. Warranties and liability
To the extent permitted by law, our liability for any claim arising out of or in connection with the licences or services is limited to the fees you paid us in the 12 months before the claim arose. We are not liable for indirect or consequential loss, including lost profits or data loss caused by third-party hardware or services.
This website is provided for information. Content may change without notice, and we accept no liability for decisions made solely on the basis of website content. The limits in this clause do not apply to liability that cannot lawfully be limited, including certain guarantees under the Australian Consumer Law.
8. Confidentiality
Each of us will keep the other’s confidential information — including pricing, configurations, and your data — confidential, and use it only for the purposes of this agreement. These obligations survive termination.
9. Term and termination
Your licence continues until terminated as agreed in your licence document, or by either party for a material breach not remedied within 30 days of written notice. On termination, outstanding fees become payable, we provide the final data export described in clause 3, and each party returns or destroys the other’s confidential information on request.
10. Force majeure
Neither party is liable for a failure or delay in performing obligations caused by an event beyond its reasonable control, including flood, fire, natural disaster, telecommunications or power failure, or action of a government. Obligations affected by such an event are suspended while it lasts, and the affected party will notify the other promptly.
For the hosted service, an outage caused by such an event is the only circumstance in which our service commitments are suspended. Service credits, if any are specified in your hosting agreement, are calculated on downtime beyond the committed availability for the billing month.
11. Definitions
In these terms: Software means the InsightSuite modules and add-ons licensed to you; Licence means the grant in clause 3, as recorded on your licence key; Documentation means the user guides, administrator handbook and release notes we publish for the licensed version; Support Hours means the hours published on our Support page as at the date of your enquiry; Confidential Information means information disclosed by either party that is marked confidential or that a reasonable person would understand to be confidential, including your data and our pricing; and Hosted Service means the cloud-hosted deployment option operated by us on Australian servers under a separate hosting agreement.
12. Governing law
These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State.
13. Contact
Questions about these terms: Software Insight Pty. Ltd., Level 2, 52 McDougall St, Milton QLD 4064 — telephone 07 315 04076, email support@softwareinsight.com.au.