Should you continue to use the Software (including all Custom Development) after the 30-Day Unconditional Trial, you automatically accept all terms and conditions within this agreement.
This licence agreement is not an “All or Nothing” Licence Agreement. Plus does not constrain Customers through lock in contracts, expensive deployments, and high software fees. If You have any concerns or questions, you are welcome to contact us by emailing any requests to Support@Plus.Live.
- What We offer
- What You will be accepting
- Your Acceptable Use Policy
- Confidentiality (Privacy & Personal Information)
- Data Protection
- Custom Development
- Payments, Terms and Cancellations
- Restrictions, Warranties, Disclaimers, and Indemnities
- Key Terms Explanations
What we offer
- Plus Software has a wide range of Applications and Services (see key terms below) for use within Business (B2B) environments in several countries, preferably sold by Partners or if required, direct to You.
- These Applications are sold on a monthly “cancel anytime” subscription. We do also offer an annual subscription, if required.
- The use of these Applications, irrespective of Trial or “Sign Up” usage, means You agree to this Licence Agreement.
- We, or our Partner, will provide Services associated with the deployment of these Applications.
- We will support the use of these Applications through our help desk, prioritised by email, then telephonic support. Our aim is to provide high quality support.
- Plus does not provide LEGAL, TAX OR FINANCIAL ADVICE. Plus is not a Financial Planner, a Broker or Tax Advisor. Your Business financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation.
What You will be accepting
- By using the information, tools, features and functionality of the Plus Software Applications, Services and Domains, including any sub-domains, You are agreeing to be bound by the terms and conditions and/or Sections within this Licence Agreement.
- You may not use the Service and You may not accept this Agreement if You are not of a legal age in your country of residence.
Your Acceptable Use Policy
- Plus provides Cloud Hosting Services in conjunction with major Vendors such as Google, Microsoft, and Amazon.
- You may use the Services associated with our Applications on a “Fair Use” basis. In other words, if we deem your usage of the Applications and Services is costing more than the monthly or annual revenue accrued from your business, we may request an increase in monthly or annual revenue. We will engage with You in advance of any changes in billing and always act in good faith.
- You may not use the Hosted Services (Plus or 3rd Party) in any way that causes, or may cause, damage to our own Hosted Services or Platform or any of our Partners or impair the availability or accessibility of said Hosted Services.
- You may also not do anything illegal on our Applications.
- You may only use the licenced number of Users paid for.
- The API of any of our Applications (if available) may only be used by You if approved by Plus.
- You may only use a Supported Web Browser.
Confidentiality (Privacy and Personal information)
- Most importantly, we will always act in good faith to protect your information and do our best to keep Customer information confidential.
- Plus may disclose Customer Information to the Partners who have a need to access Customer Information for the performance of their work with respect to this Agreement.
- By submitting information, data, passwords, usernames, log-in information, and other content to Plus through Applications and any Services, You are licensing that content to Plus solely for the purpose of providing the Service.
- You agree and understand that You are responsible for maintaining the confidentiality of your password and email address.
- Pus may use and store the content, but only to provide the Service to You and by submitting this content to Plus, You represent that You are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
- Plus will not sell, exchange, or release any of your information or financial information to a third party without your express permission or as required by law or court or governmental order.
- Plus will comply with Australian Data Protection Laws with respect to the processing of Customer Personal Data.
- You warrant to Plus that You have the legal right to disclose all Personal Data in connection with this Agreement.
- Plus warranties on Data Protection for Hosted Services are only covered as far as the rights covered by the providers of Hosted Services to Plus and their Customers. We are bound by Vendors (but not limited to) such as Microsoft, Google, and Amazon. You are welcome to enquire which Vendor provides your Hosted Service via email on Support@Plus.Live.
- If You cancel your Licence with us, we will cancel your use but may still engage with You on other Applications or Services unless You advise in writing to destroy all Customer information and halt all correspondence.
Custom Development generally requires a Customer Requirements Document and a Sign Off, normally a separate process and agreement. Irrespective, the following applies:
- We warrant that the development of any Custom work will not infringe the Intellectual Property Rights of any third party.
- We warrant that the Software will conform substantially with the Customer Requirements. We do not warrant that the Software will be error free.
- We will rectify any defect in the Software which renders the Software incapable of working as per the Customer Requirements documentation if notification of such defect is received during a period of 60 days following the deployment date.
- All intellectual rights to the software will remain with Plus.
- All points under the heading Restrictions, Warranties, Disclaimers, and Indemnities, within this agreement apply.
- In addition, we reserve the right to include any Custom Development into future releases unless the Customer submits in writing the reasons for Plus not to include such enhancement (for example, competitor risk).
Payments, Terms and Cancellations
- Plus uses the services of payment gateways such as Stripe or Square and we are not responsible for any mistakes made by these 3rd Party Payment providers.
- All our Applications and Services are pay on invoice. Plus does not provide credit facilities.
- All Plus Software Applications are subject to a paid 30-Day Trial opportunity. There may be Service costs associated to set up the Trial.
- Your first monthly or annual fee for use of the Application will need to be paid to initiate your 30-Day Trial and associated Support Services.
- You are free to cancel at any time during the 30-Day trial period to avoid a second Application payment. If this is the case, we will refund your first Application payment unconditionally.
- If You have a monthly pay as you go (PAYG) agreement with us, You only need to give us 30 days’ notice after your initial Trial of 30 days.
- If You have an annual agreement with us, You will need to give us a minimum of 14 days’ notice before the end of the Calendar Quarter and we will refund You the remaining annual amount outstanding, not including the existing Quarter. We will cancel the next payment but still allow You to use the Application up to the end of the nominated quarter.
- To officially cancel your licence, You need to request your cancellation via email to Support@PlusSoftSolutions.com specifying your application and company name:
- You are required to cancel the agreement DIRECTLY with Plus Software, and not through a Partner or Third-Party provider.
- Your licence has NOT been cancelled if we have not acknowledged the cancellation by reply email.
- If we do not reply within 48 hours acknowledging your email, it may be because we have not received your cancellation due to incorrect spelling of the email address or SPAM filters.
- Therefore, if You have not had confirmation from us, You will need to re-send your cancellation email to Admin@PlusSoftSolutions.com or Support@Plus.Live or call us on the telephone number on our website, to confirm your cancellation.
Restrictions, Warranties, Disclaimers, and Indemnities
- Plus warrants to the Customer that Plus:
- has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
- will comply with all applicable legal and regulatory requirements applying to the exercise of Plus’s rights and the fulfilment of Plus’s obligations under this Agreement;
- has access to all necessary know-how, expertise, and experience to perform its obligations under this Agreement.
- You may not, unless agreed in writing, reverse compile, dissemble, remove, release, copy, extract, modify or otherwise reverse engineer any or part of the Applications or Services related to Plus.
- Your access and use of Plus Applications may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or updating of any of our Applications or websites or hosted services that Plus, with their own discretion, may elect to undertake.
- Nothing in this Agreement shall allow You to assign or transfer any Intellectual Property Rights from Plus to any person or party.
- Plus shall in no event be responsible or liable to You or to any third party, whether in contract, warranty, or otherwise, for any direct or indirect punitive damages, including but not limited to loss of profit, revenue, or business, arising in whole or in part from your access to Plus, its Applications and Services.
- Neither party shall be liable to the other party in respect of any losses arising out of or from your use of and access to Applications. Neither Party is liable to the other for a Force Majeure Event.
- You agree to defend, indemnify, and hold harmless Plus, its officers, directors, employees, and Partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to legal fees) arising from Your use of and access to Applications and Services.
- You acknowledge that complex software is never wholly free from defects, errors, and bugs; and subject to the other provisions of this Agreement, Plus gives no warranty or representation that the Applications will be wholly free from defects, errors, and bugs.
- At times we may “End of Life” a particular Application due to technological or diminishing Customer numbers (using that Application). If this occurs, we will always act in good faith and do our best to offer a path to another Application within our product stable or provide ample time to move to another Vendor.
- Agreement Modification:
- Plus may modify this Agreement from time to time.
- You are deemed to accept and agree to be bound by any future changes to the Agreement when You use the Service.
- If we do make changes to the Agreement, and we deem these changes to be immaterial to Service and Support or Payments, we may not notify You.
- This Agreement will continue to apply until terminated by either You or Plus. If You want to terminate your legal agreement with Plus, You may do so by emailing Support@Plus.Live
- We will always act in good faith in terms of Licence changes, to the best of our ability.
- Government (Laws): This Licence Agreement is bound by the Laws of Australia, and in particular South Australia which shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
Key Terms explanations
Agreement: means this Licence Agreement and any amendments in the future.
Applications: means all Plus Software Applications, both Desktop and Cloud or Hosted.
Customer: means any User of our software, End User, Reseller, Partner, 3rd Party Provider.
Force Majeure Event: means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars).
Hosted Services: means our own or 3rd Party Services for our Cloud Applications.
Partner: Reseller, Value Added Partner, Partner, 3rd Party Provider and or Affiliate.
Plus: Plus Software Pty Ltd or any associated company or partnership.
Services: means any services that Plus provides to the Customer, or has an obligation to provide to the Customer, under this Agreement.
Us: means Plus Software Pty Ltd.
We: means Plus Software Pty Ltd.
You: means the Customer.