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Definitions and interpretation

In the terms and conditions on this page: “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, improvements, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world; “Licence Fee” means the monthly fee payable by you to the Company for the use of our Software for the Permitted Purpose as determined by the subscription you elect per our Pricing Page; “Permitted Purpose” means the estimating and management of painting projects; “Pricing Page” means the pricing page as found on our website https://paintprojex.com.au/pricing/ “Software” means the software found on our website https://paintprojex.com and delivered to you by us or used or accessed by you pursuant to these terms, including but not limited to:
  • supply of the PaintProjex management software;
  • all instructions, manuals, guidance, documents and content comprised therein;
  • software customisation;
  • single sign-on; and
  • any other software services agreed in writing by us time to time.
“User Data” means all of the data that you upload into the Software, including all text and other data that you enter into any of the online document creation forms comprised in the Software; “User Documents” means all of content and documents generated by the Software and delivered or made available to you by us through your use of the Software; a reference to these licence terms includes a reference to our Website Terms, Privacy – Policy, and these Software Licence Terms; and words and phrases that are defined in the Usage Terms have the same meanings when used on this page. The rules of interpretation that apply to the Usage Terms also apply to the terms and conditions on this page.

Software Use

YOU MUST USE THE SOFTWARE AND ALL USER DOCUMENTS SOLELY AND EXCLUSIVELY FOR THE PERMITTED PURPOSE. Without limitation to the other requirements of our Usage Terms, you must not:
  • use the Software or any User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with our Usage Terms;
  • use the Software or any User Documents in any way that could damage the reputation of the Company or the goodwill or Intellectual Property Rights of the Company associated with the Software and/or the User Documents;
  • permit any third party to use the Software or any User Documents without our prior written consent;
  • assign, sub-licence or otherwise deal in any other way with any of your rights under our Usage Terms without our prior written consent;
  • disclose your password(s) to any third party;
  • copy, reproduce, translate, adapt, vary or modify the Software or any User Documents or create any derivative works based upon the Software or any Documents, other than pursuant to the license granted to you under the heading “License” on this page below;
  • disassemble, decompile or reverse engineer the Software or attempt to do so;
  • modify or remove any copyright or proprietary notices pertaining to the Software or the User Documents; or
  • use the Software to provide services to third parties;
  • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or User Documents in any form or media or by any means;
  • engage in conduct that, in the opinion of the Company at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate the Software and/or any content of any User Documents; or
  • overload the Software, upload excessive data, or excessively use the cloud storage, subject to clause 5 below.

Software License

Software For the duration of your subscription (subject to clause 5 below), the Company hereby grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software solely and exclusively for the Permitted Purpose, subject to and in accordance with the terms and conditions set out in our Usage Terms. The Company reserves the right to licence the Software to other parties or otherwise deal with the Software on such terms as it may elect in its discretion. User Documents Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and your continued compliance with all of the provisions of our Usage Terms, the Company hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our Usage Terms (and to permit the particular bona fide clients for which the relevant User Documents were first created to do the same), provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.

Ownership of Intellectual Property Rights

You acknowledge and agree that: our Usage Terms do not transfer or assign any Intellectual Property Rights to you; your use of this site or any custom branded portal does not transfer or assign any Intellectual Property Rights to you;
  • PaintProjex IP retain all Intellectual Property Rights in the Software and you have no Intellectual Property Rights in any part of the Software, including any modifications or enhancements thereof, other than the rights temporarily granted to you pursuant to the license under the heading “License” above; and PaintProjex IP owns and retains all Intellectual Property Rights in the User Documents, and you have no Intellectual Property Rights or other rights in any part of the User Documents other than: 
    • the rights granted to you pursuant to the license under the heading “License” on this page above; and
    • in respect of your User Data.
  • You grant PaintProjex IP an irrevocable, royalty free, perpetual and non-exclusive licence to use the User Data, feedback, uploads or other data that you input into the Site or the Software to improve the Software and any improvements made as a result of such use will be the intellectual property of PaintProjex IP.

Licence Fee

Our pricing model is based on subscription pricing on a tiered scale, offering subscribers packages with different feature combinations at different price points. Subscriptions will be made available on a monthly or yearly basis, per user. Yearly payments will be discounted, providing incentive for long term subscriptions. Our tiered pricing structure will be based on five different users:
  • Free Version – 14 days trial;
  • Sole Trader
  • Small Business
  • Teams

Our Pricing Page can be seen here (“Pricing Page”).

Depending on the subscription model you elect from our Pricing Page, you must pay to us the Licence Fee monthly or yearly (whichever is applicable), in advance. Each payment of the Licence Fee shall be made with time of the essence and without right of set-off or deduction.  You acknowledge and agree that we may charge interest on any late payment of the Licence Fee at 10% per annum, with the interest broken down into a daily interest charge. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees, late payment fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. The Licence Fee is inclusive of cloud and data storage, and you will not be required to pay any additional fees for cloud storage. However, if we deem in our sole and absolute discretion that you are in excessive use of cloud or data storage, we may vary your Licence Fee by written notice. In this instance, you accept that your Licence Fee may not reflect the fees described in the Pricing Page. We may review and change the Pricing Page, and your Licence Fee, from time to time however, any changes to your subscription plans will apply no earlier than 30 days following notice to you. You recognise and agree that you shall not be entitled to a refund for any payment/s, or portions of payments, of any kind whatsoever provided to the Company or in respect of the licence to use the Software.

Support Services & Customisation

The Company may provide support services to you in relation to the use of the Software, and such support services will be at the Company’s standard hourly rates then in force, which may be amended from time to time. If you request, the Company may, but is not obligated to, provide customised versions of the Software to you. The Licence Fee, for customised versions of the Software, shall be increased at the Company’s standard rates then in force, which may be amended from time to time.

Consequences of violation

The Company (for itself and as agent and trustee for and on behalf of PaintProjex IP) reserves all of the rights of the Company and PaintProjex IP in relation to any breach of our Usage Terms, including any violation of these Software Licence Terms, including the right to seek injunctive relief and the right to sue for damages.  Without limitation to those rights, if the Company finds that you have used the Software other than in accordance with our Usage Terms, the Company reserves the right to, without notice to you:
  • limit your subscription (which, if your subscription would otherwise entitle you to receive User Documents in MS Word format, includes limiting your access to PDF versions only); and/or
  • suspend or terminate your subscription.

Cyber Security

The Company may, but is not obligated to, host, archive or store any User Data or User Documents or other documentation or data you input into the Software. You are responsible for backing up all your own User Data and User Documents and the Company is not responsible in the event of corruption to the site or the Software, which may lead to the loss of User Data and/or User Documents. You acknowledge that the Software includes the functionality of exporting data in multiple formats for the purposes of backing up all your own User Data and User Documents, and the Company advises you to do so. You warrant that you have your own cyber risk insurance to prevent unauthorised use and access to the Software and acknowledge that you may not make a claim against the Company for any loss or damage suffered as a result of lost data in the Software. Except to any extent required by law, the Company hereby provides the Software to you on an “as-is” basis and expressly excludes any warranty as to the relevance of the Software for your business, needs or intended use, or that the Software will be error-free or interrupted.
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