Terms of Service

Acceptance of the terms and conditions of this Agreement

Welcome to www.servicesubscriber.com (Website). The Website is operated by Service Subscriber Pty Ltd (Service Subscriber or we, us, our).

Please read these terms and conditions carefully. By clicking agree to these terms you agree to enter this Agreement with Service Subscriber and to be bound by these terms and conditions set out herein. We recommend you keep a copy of this Agreement for your records.

Service Subscriber reserves the right to change any of the terms of this Agreement, acting reasonably, by providing notice to you. Any changes to this Agreement take effect from the date you enter into a new Subscription Period.

About the Subscription Services

Service Subscriber offers software that allows users to create, manage and process subscription-based services for their customers in a cloud environment (Software). You are required to register for an account through the Website so you can access the Software (Account). Service Subscriber may, in its discretion, offer first-time users a demonstration Account trial in which they may use the demonstration version of the Software.

As part of the Account registration process you are required to provide personal information about yourself (such as identification or contact details), including but not limited to your full name, business name, e-mail address, phone number, business address, and Australian Business Number. You warrant that any information you give to Service Subscriber in the course of completing the registration process will be correct and up to date.

Once you register an Account, you must purchase a subscription in order to use the Software (Subscription Services) and pay the applicable fee advertised on the Website at the time of purchase for the selected subscription (Subscription Fee). Service Subscriber may, in its discretion, offer first-time users a 14-day free trial in which they may use the Subscription Services without payment of the Subscription Fee.

After purchasing the subscription, you will be granted access to the Subscription Services from the time you have paid the Subscription Fee until your chosen subscription period expires (Subscription Period).

Service Subscriber will use reasonable endeavours to provide you with the Subscription Services in accordance with this Agreement. It is your responsibility to ensure that the subscription you elect to purchase is suitable for your use.

You may use the Subscription Services in the course of providing your own subscription-based services to your own customers. Service Subscriber is not party to any agreement between you and your own customer(s). Service Subscriber is not liable for any loss you suffer if any of your customers makes any claim against you in respect of your own services.

About the Payment Processing Services

The Software includes a platform that allows you to process payments from your customers through third-party payment processors (Payment Processing Services, and together with the Subscription Services, the Services).

Service Subscriber will use reasonable endeavours to provide you with the Payment Processing Services in accordance with this Agreement.

You may enter into a separate agreement with the relevant third-party payment processor (Payment Processor) via the Software to process customer payments.

Service Subscriber does not process the payments directly and is not liable in respect of such payment processing (including, but not limited to, any failed payments, chargebacks, or disputes). You acknowledge and agree that Service Subscriber does not supervise, direct, control, or monitor Payment Processors in the performance of any contractual obligations they may have under a direct agreement with you and agree that: (a) Service Subscriber is not responsible for ensuring the accuracy or legality of any payment transactions processed by the Payment Processor; (b) Service Subscriber is not responsible for the offering, performance, or procurement of Payment Processor's services; (c) Service Subscriber does not make any representations about or guarantee any particular Payment Processor's offered services; and (d) nothing will create an employment or joint venture relationship between Service Subscriber and any Payment Processor offering services.

The Payment Processor will charge fees to you (Payment Processor Fees). Service Subscriber may charge you a transaction fee as disclosed on the Website from time to time in respect of payments processed through the Platform (Transaction Fees, and together with the Subscription Fees, the Fees).

Payments

You agree to pay all Fees arising under this Agreement.

You agree that any amounts that Service Subscriber owes you related to this Agreement may be set-off against amounts you owe Service Subscriber.

Payments may be made using third-party applications and services not owned, operated, or otherwise controlled by Service Subscriber. You acknowledge and warrant that you will read and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for the Services. You acknowledge and agree that Service Subscriber will not be liable for any losses or damage arising from the operations of third-party payment applications and services.

Where a request for the payment of the Fees is unpaid by you for any reason, then you are liable for any interest and costs, including banking fees and charges, incurred by Service Subscriber. Service Subscriber may charge interest on unpaid Fees at a rate of 10% p.a.

You agree and acknowledge that Service Subscriber may vary the Fees at any time, acting reasonably, by providing notice to you. Any changes to such Fees take effect from the date you enter into a new Subscription Period.

Where applicable, any tax (including goods or services tax), charge, impost, or duty payable in respect of this Agreement or the supply of any goods or service made under or in respect of this Agreement and any other taxes, duties or levies will be paid by you at the then-prevailing rate.

By providing Service Subscriber with your credit card information, you authorise Service Subscriber to automatically charge your credit card for all applicable Fees, on a recurring basis. The frequency of these charges will be determined by your chosen Subscription Period. The payment terms for such charges shall be stated on the Software at the time of purchase. You may cancel any future automatic charges in accordance with the terms and conditions of Service Subscriber's third-party payment provider. You remain liable for any unpaid Fees at the time of cancellation.

Failed Payments and Account Restrictions

Where a payment fails, Service Subscriber will notify you immediately via email and in-platform notifications. You will have a period of 7 days to update your payment information and resolve the payment failure.

If payment failure is not resolved within 7 days, Service Subscriber may implement the following account restrictions: (a) suspension of new customer subscription registrations; (b) deactivation of your customer-facing subscription page; (c) suspension of marketing email campaigns; (d) continued processing of existing customer subscriptions and maintenance of customer portal access.

Accounts with payment failures exceeding 30 days may be suspended entirely, with Customer Data retained for 90 days to allow account restoration.

Service Subscriber reserves the right to terminate this Agreement where your account is deemed financially unviable, including but not limited to: (a) consecutive payment failures exceeding 60 days; (b) repeated payment disputes or chargebacks; (c) closure or invalidity of payment methods; (d) insolvency or bankruptcy proceedings affecting your business.

Customer Disputes and Data Usage

You are solely responsible for customer service, dispute resolution, and service delivery to your customers. Service Subscriber is not liable for disputes between you and your customers.

You acknowledge that excessive chargebacks (exceeding 1% of transactions) may result in account review and potential termination.

Service Subscriber shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Service Subscriber will be free (during and after the Term) to: (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Service Subscriber offerings; (b) disclose such data solely in aggregate or other de-identified form in connection with its business; and (c) use aggregated customer data to market Service Subscriber services to potential business users, create industry benchmarks and reports, and develop new platform features.

Individual customer data is never shared with third parties without consent. Only anonymized, aggregated data is used for marketing purposes.

Warranties

Service Subscriber will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption.

Subject to your rights under the Australian Consumer Law and to the maximum extent permitted by law: (a) no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided hereunder is given or assumed by Service Subscriber. In particular, we do not warrant: (i) that the Services will be uninterrupted or error free; (ii) as to the results that may be obtained from use of the Services; (iii) that any third-party components of the Services, will be accurate or error free or that the Services will be compatible with any application, program or software not specifically identified as compatible by us; (iv) that content available on, or produced by or via, the Services is accurate, complete, reliable, current, error-free or suitable for any particular purpose; or (v) that the Services are or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking precautions in this respect.

Your exclusive remedy is limited, in our absolute discretion, to: (i) using all reasonable endeavours to rectify any non-conformance of the Services by repair (by way of a patch, workaround, correction or otherwise) within a reasonable period of time and at our own expense; or (ii) a refund of the Fees paid if, in our reasonable opinion, we are unable to rectify such non-conformance.

You acknowledge and accept that it is your sole responsibility to ensure that: (a) the facilities and functions of the Services meet your requirements; (b) the Services are appropriate for your specific circumstance; and (c) the use of the Services is in compliance with the laws and regulations of your jurisdiction.

We do not purport to provide any legal, taxation or accountancy advice by providing the Service under this Agreement.

Prohibited Conduct and Fraudulent Activity

You must not engage in any conduct that is misleading, deceptive, dishonest or fraudulent in your use of the Services or in your interactions with customers.

Misrepresentation of Business or Services: You must not misrepresent yourself, your business, your experience, skills, professional qualifications, or services. This includes: (a) providing false information about your business credentials, licenses, or certifications; (b) misrepresenting your experience, service history, or professional qualifications; (c) using another business's profile information, credentials, or identity as your own; (d) falsely claiming or implying you're connected to a person, organization, or certification body; (e) using business logos, images, or content that do not belong to you or misrepresent your business identity; (f) impersonating or falsely attributing statements to any person or entity, including a Service Subscriber representative.

Service Delivery Misrepresentation: You must always be honest about who will perform the services offered through your subscription plans. You must not: (a) allow another person or business to use your Account without disclosure to customers; (b) falsely claim that particular personnel will perform services when different personnel will actually perform them; (c) subcontract services to third parties without appropriate disclosure to customers where such disclosure is required by law or industry standards.

Payment and Billing Fraud: Service Subscriber has zero tolerance for payment fraud and misrepresentations related to billing. You must not: (a) charge customers for services not actually provided; (b) misrepresent the scope, frequency, or quality of services included in subscription plans; (c) create false or inflated invoices or billing records; (d) demand payments without the intention of providing services in exchange; (e) process payments for services through the Platform that were not actually delivered; (f) create fraudulent subscription accounts or customer accounts for the purpose of generating false revenue; (g) engage in any scheme to artificially inflate subscription numbers or revenue.

Customer Data and Review Manipulation: You must not: (a) create false customer accounts or testimonials; (b) manipulate customer feedback, reviews, or ratings; (c) provide false information about customer satisfaction or service outcomes; (d) use customer data in any way that violates privacy laws or customer consent.

Content and Communication Standards: All content, communications, and marketing materials created through or in connection with the Services must be: (a) truthful, accurate, and not misleading; (b) compliant with Australian Consumer Law and advertising standards; (c) respectful of intellectual property rights; (d) free from discriminatory, offensive, or illegal content.

Consequences of Prohibited Conduct: Violation of this clause constitutes a material breach of this Agreement and may result in: (a) immediate suspension or termination of your Account; (b) forfeiture of any pending payouts; (c) reporting to relevant authorities where illegal activity is suspected; (d) legal action to recover damages caused by fraudulent activity; (e) permanent prohibition from creating new Accounts.

Reporting Fraudulent Activity: If you become aware of fraudulent or misleading conduct by another user of the Services, you should report it immediately to Service Subscriber via support@servicesubscriber.com.

Refunds

Service Subscriber offers refunds in accordance with the Australian Consumer Law and on the terms set out in this Agreement. Any benefits set out in this Agreement may apply in addition to consumer's rights under the Australian Consumer Law.

Service Subscriber will only provide you with a refund of Fees in accordance with Australian Consumer Law, or in the event Service Subscriber is unable to continue to provide the Services or if Service Subscriber makes a decision, in its discretion, that it is reasonable to do so. Where this occurs, the refund will be proportional to the issue with the relevant Service(s).

Intellectual Property

Where you own the copyright over your business content and upload such content to the Software you will remain the owner of such copyright. Nothing in this Agreement affects your copyright over your business content.

Service Subscriber grants you a personal, non-exclusive, non-transferable, and revocable license to permit you and your Authorised Users to access and use the Website, the Software and the Services (including the Intellectual Property contained therein) during the Term. All other rights are expressly reserved by Service Subscriber.

All rights, title, or interest in and to the Website, the Software and the Services and any information or technology that may be provided to, or accessed by, you in connection with your use of the Website, the Software or the Services is owned, and will remain owned, by Service Subscriber or its licensors (Provider IP). Using the Website, the Software or the Services does not transfer any ownership or rights, title or interest in and to the Provider IP.

You agree that Service Subscriber may refer to your business name, publish your logo and/or trade mark and make reference to you as a customer of Service Subscriber in any communications or publications for the purposes of marketing or promoting Service Subscriber's business.

Acceptable use of the Software and Services

You must only use the Software and the Services in compliance with all applicable laws and regulations.

You are responsible for maintaining the security of your account, passwords and files, and for all uses of your account. You must not permit access to your account other than to an Authorised User or Service Subscriber.

Service Subscriber reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use a Service for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

Security and Data

You must have the rights to any Customer Data or other content or data that you provide to us. If you provide us with another person's personal information, confidential information or intellectual property to the Service Subscriber platform, you are responsible for obtaining all consent to provide and store that data with us.

Subject to the terms of this Agreement, you shall retain ownership of any pre-existing rights to your Customer Data.

We have no obligation to monitor any data or content uploaded to the Website. However, we reserve the right to the discretion of removing your data, suspending, or terminating your access to our Services if we consider in good faith that your data is in breach of any applicable law.

Nothing in these Terms prevents either party from disclosing information or data to the extent required by law. This includes, but is not limited to, subpoenas or court orders. We will take commercially reasonable efforts to notify you when required to do so.

Liability

Nothing in this Agreement limits or excludes any guarantees, warranties, representations, or conditions implied by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause: (a) all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded; (b) Service Subscriber will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or this Agreement (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and (c) Service Subscriber's total liability arising out of or in connection with the Website, Services or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the value of the Fees paid by you in the 12 months immediately preceding the claim.

You indemnify Service Subscriber, its affiliates, employees, and agents from and against all loss, liabilities, costs, expenses, loss, and damage (including legal fees and collection fees) (together, Loss) incurred, suffered or arising out of or in connection with: (a) your content and Customer Data; (b) your negligence; and/or (c) your breach of this Agreement, save to the extent such Loss is contributed to by Service Subscriber.

Third-Party Integrations

The Website and Software allows you to integrate and utilise Third-Party services or applications (Third-Party Integrations). While these integrations are provided to enhance your experience and the functionality of the Website and Software, Service Subscriber makes no representations or warranties regarding the services provided by Third-Parties. Service Subscriber does not control, and therefore cannot be held liable for, the performance, compatibility, legality, or any other aspect of Third-Party Integrations. The use of any Third-Party Integration is at your own risk and subject to the terms and conditions and privacy policies of the Third-Party provider.

Termination

This Agreement will continue to apply until terminated by either you or by Service Subscriber as set out below.

If you want to terminate this Agreement, you may do so by choosing to end your Subscription Services by giving notice via the Software, following which your Subscription Services shall terminate at the completion of your current Subscription Period. This Agreement shall then terminate at the expiry of the Account Retention Period.

Service Subscriber may terminate this Agreement upon notice to you where: (a) you do not renew the Subscription Services at the end of the Subscription Period; (b) you have materially breached this Agreement; (c) Service Subscriber is required to do so by law; (d) the provision of the Website, Software or Services to you by Service Subscriber is no longer commercially viable; or (e) your account is deemed financially unviable as outlined in clause 5.4.

Except as otherwise required by law, if your Account is closed, then following the Account Retention Period, you will no longer have access to information or material you kept on the Website and any content stored in your Account may be deleted, for which Service Subscriber expressly disclaims liability.

Dispute Resolution

If a dispute arises out of or relates to this Agreement, the Website, the Software or the Services, either party may not commence any court proceedings in relation to the dispute, unless the following clauses below have been complied with (except where urgent interlocutory relief is sought).

A party to the Agreement claiming a dispute has arisen (Dispute), must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice (Notice) by that other party, the parties to the Agreement must: (a) within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation; (b) if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon a mediator or request that an appropriate mediator be appointed by the Resolution Institute, Australia; (c) the parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation; (d) the parties must each pay their own costs associated with the mediation; and (e) the mediation will be held in Brisbane, Australia.

If two (2) months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation. Following which, either party may commence court proceedings in respect of the Dispute.

General

Except as otherwise permitted by this Agreement, no variation will be effective unless in writing and signed by both parties.

Any notices to us should be sent, in writing, to Service Subscriber via legal@servicesubscriber.com or such replacement email address as published on the Website from time to time. You agree we may serve notice on you by sending an email to the email address you provide when creating an Account.

If any part of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of this Agreement shall remain in force.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

No agency, partnership, joint venture, or employment is created as a result of this Agreement.

The following clauses survive termination of this Agreement: Clause 6 (Customer Disputes and Data Usage), Clause 8 (Prohibited Conduct and Fraudulent Activity), Clause 13 (Liability), Clause 16 (Dispute Resolution), Clause 17 (General).

This Agreement is governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Website, Services or the Agreement shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles.

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Definitions

Account has the meaning given in clause 2.

Account Retention Period means the period of 30 days from the completion of your final Subscription Period.

Authorised User means the employees, temporary employees, and independent contractors of a user with a valid subscription to the Subscription Services who have been added to the Account as users.

Customer Data means the specific categories of data that you input, upload, or transmit to the Software relating to your customers and their subscriptions.

Dispute has the meaning given in clause 16.

Fees has the meaning given in clause 3.

Intellectual Property means any copyrights, patents, trade marks, service marks, trade names, designs, and similar industrial, commercial and intellectual property.

Loss has the meaning given in clause 13.

Notice has the meaning given in clause 16.

Payment Processor has the meaning given in clause 3.

Payment Processor Fees has the meaning given in clause 3.

Payment Processing Services has the meaning given in clause 3.

Provider IP has the meaning given in clause 10.

Service Subscriber, we, our or us refers to Service Subscriber Pty Ltd.

Services has the meaning given in clause 3.

Software has the meaning given in clause 2.

Subscription Fee has the meaning given in clause 2.

Subscription Services has the meaning given in clause 2.

Subscription Period has the meaning given in clause 2.

Term means the date you register an Account to the end of your Account Retention Period.

Third-Party includes any service provider that Service Subscriber engages, which may include Stripe, SendGrid, Mapbox, and Cloudinary.

Third-Party Integrations has the meaning given in clause 14.

Transaction Fees has the meaning given in clause 3.

Website means www.servicesubscriber.com.

You, your or yours refers to the natural person or entity that enters this Agreement with Service Subscriber.

Contact Information

Service Subscriber Pty Ltd

PO BOX 15, Hamilton Central, QLD 4007

Email: legal@servicesubscriber.com

By using Service Subscriber, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.