Terms of use

Definitions in these terms

"Subscriber" means the person, business or company that is the purchaser of the Product or Service;

"Products" means the products (including software) supplied to Subscriber by Catria Solutions pty LTD and its affiliated companies and described in Catria Solutions pty LTD's invoice;

“Services”  mean the services provided to Subscriber by Catria Solutions pty LTD and affiliated companies

"Sales Contract" means any sales contract entered into by Subscriber and Catria Solutions pty LTD in respect of the Products and Services supplied to Subscriber in which these Terms are deemed to be incorporated; and "Catria Solutions pty LTD" means Aust IT & Telecomms Services Pty. Ltd. (ABN 86 128 138 965).

"we" or "us" means Catria Solutions Pty LTD

2. Orders

(d)    All orders for Products placed by Subscriber:

1)     must be made in accordance with Catria Solutions pty LTD's order policy as amended by Catria Solutions pty LTD from time to time, the current version of which is set out Schedule 1: Order Policy; and

2)     are subject to acceptance by Catria Solutions pty LTD, and no order will be deemed to have been accepted by Catria Solutions pty LTD unless such acceptance has been confirmed in writing by an authorised representative of Catria Solutions pty LTD to Subscriber.

(i)             Catria Solutions pty LTD may reject any order placed by Subscriber if there is an insufficient supply of Products which prevents Catria Solutions pty LTD from being able to fulfil such order.

(ii)            Catria Solutions pty LTD will not be bound by any terms attaching to Subscriber's order and, unless those terms are expressly agreed by an authorized representative of Catria Solutions pty LTD, Subscriber agrees that those terms are excluded.

(iii)            Access must be given to Xero for the license to be activated.

(3)            All our services are delivered via the internet. No software physical or otherwise will be shipped to you.

 

3. Payment

 

(a)    The price of the Products will be Catria Solutions pty LTD's quoted price on www.CatriaHQ.com.

(b)    Our Payment Terms are Strictly  Direct debit from credit card and will be processed 30 days from start date .

(c)    Direct debit will continue 30 days after proceeding the first payment until you have notified us that you would like to cancel.

(d)    Subscriber will be required to give minimum 30 days notice for cancellation of service via our support portal or via email

(e)    If the Subscribers  direct debit fails your service will be suspended until the account is brought up to date;

(f)    Refund policy. All our services are provide to you as a monthly subscription, we do not give refunds or part month refunds.

(g)    ALL Prices are in AUD unless specified and based on your origin tax may be applicable.

 

4. Credit assessment

(a) If any Products and/or Services supplied to Subscriber on credit, Catria Solutions pty LTD may need to disclose to a credit reporting agency certain information referred to in clause 4(c) about Subscriber when assessing Subscriber's application for credit and managing Subscriber's account with Catria Solutions pty LTD. Subscriber authorises Catria Solutions pty LTD to disclose such information to a credit reporting agency for these purposes.

(b) Subject to Catria Solutions pty LTD's obligations under the Privacy Act 1988 (Cth) and other applicable laws, Catria Solutions pty LTD may give the information referred to in clause 4(c) to a credit reporting agency to obtain a consumer credit report about Subscriber or to allow the credit reporting agency to create or maintain a credit information file about Subscriber. Subscriber agrees that Catria Solutions pty LTD may disclose a credit report about it to any credit provider, debt collecting agency or Catria Solutions pty LTD's insurers for the purposes of assessing Subscriber's credit-worthiness or to collect any overdue payments (as the case may be).

(c) Catria Solutions pty LTD may disclose the following information relating to Subscriber in accordance with clauses 4(a) and (b):

i)      Subscriber's name and address;

ii)      Credit limits on Subscriber's accounts;                  

(i)     the amount of any payments which are overdue for at least 60 days;                

(ii)     where an overdue payment has been previously reported, advice that the payment is no longer overdue;      

(iii)    cheques or credit card payments which have been dishonoured;       

(iv)    information that, in the opinion of Catria Solutions pty LTD, Subscriber has committed a serious credit infringement; and                

(v)    information that Catria Solutions pty LTD has ceased to supply the Products and services to Subscriber.

(d) Subscriber agrees that Catria Solutions pty LTD may obtain information about Subscriber from any business which provides information about the commercial credit-worthiness of persons for the purposes of assessing Subscriber's application to purchase the Products on credit and collecting any overdue amounts.

(e) Catria Solutions pty LTD may refuse to supply the Products to Subscriber on credit on the basis of Catria Solutions pty LTD’s credit assessment of Subscriber.

 

5. Software License

(a)    Catria Solutions pty LTD grants a license to the subsciber  to use the Catria facility  while they are paying Subscriber and are up do date financ ially.

(b)    If subsciber revokes access to Xero it doesn’t cancel the subscription for the software If service is required to be cancelled please see 3(d).

(c)    Termination of any such licence shall not affect your obligation to pay any applicable licence fees or other amounts which became due under these Terms and Conditions before such termination and shall not affect any right at law or equity relating to any obligation under this agreement and which accrued to either party before such termination.

 

6. Service

(a)    Catria Solutions pty LTD shall not be liable in contact or in tort in respect of any indirect or consequential loss suffered by the Subscriber arising our or in conencrtion with the service.

(b)    Consequential loss shall include but not limited to loss of profit,data,use or goodwill ( or similar commercial loss), and payment due  to any third party

(c)     The software is supplied "as is" and we do not warrant that the software will meet your expectations or requirements or that its operation will be uninterrupted or error free.

(d)      We shall not be liable under this clause to the extent that a defect or interruption to service is caused by you or a third party, including failure by you or a third party to follow any specifications or directions issued by us from time to time for use of the Software.

(e)     Security: All our services are provided using SSL encryption (128 Bit) when purchasing services from My Accounting Toolbox (Catria Solutions) your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.

(f)     Except to the extent specified to the contrary in any Agreement we make with you, we shall not be obliged to support the Software, whether by providing advice, training, error-correction, new releases or enhancements.

 

7. Privacy

 

(a) Subscriber agrees to Catria Solutions pty LTD collecting, using and disclosing information about Subscriber of the kind referred to in clause 16(c) for various purposes, including to:

(i) assess credit worthiness as outlined in clause 16;

(ii) supply the Products and services to Subscriber and the management of Subscriber's account;

 

(iii) communicate with Subscriber about the Products and services which Catria Solutions pty LTD or its partners or affiliates may provide to Subscriber;

(iv) implement these Terms and any Sales Contract; and

(v) comply with relevant laws.

(b) Catria Solutions pty LTD, at the written request of Subscriber, will:

i)      provide Subscriber with access to any personal information relating to Subscriber held by Catria Solutions pty LTD; and

ii)      correct or amend any personal information relating to Subscriber held by Catria Solutions pty LTD which is inaccurate or out of date.

iii)     Catria Solutions pty LTD will handle Subscriber's personal information in accordance with relevant laws.

10. Intellectual property

(a) Subscriber acknowledges that:

(i) all trademarks, copyright and other intellectual property rights ("Intellectual Property") embodied in or in connection with the Products and any related documentation, parts or software are the sole property of Catria Solutions pty LTD or its

suppliers; and

(ii) all Intellectual Property of Catria Solutions pty LTD or its suppliers may only be used by Subscriber with the consent of Catria Solutions pty LTD or its suppliers, during the continuance of any relevant Sales Contract, and such consent extends only to use essential for the purposes stated in it. Any licensing of Intellectual Property rights in any software Products supplied to Subscriber will immediately cease upon expiry or termination of the relevant licence agreement that governs their use.

(b) Subscriber must not, during or after the expiry or termination of any relevant Sales Contract, without the prior written consent of Catria Solutions pty LTD or its suppliers, register or use any trade marks, trade name, domain name, trading style or commercial designation or design used by Catria Solutions pty LTD or its suppliers in connection with the Products.

(c) Subscriber will indemnify Catria Solutions pty LTD against all liabilities, damages, costs and expenses which Catria Solutions pty LTD may suffer or incur as a result of work done in accordance with Subscriber's specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by Catria Solutions pty LTD, and which results in the infringement of any Intellectual Property of any person.

 

 

11. Confidentiality

(a) Subscriber acknowledges that Catria Solutions pty LTD has disclosed and may from time to time disclose to Subscriber certain confidential information and documentation of Catria Solutions pty LTD relating to the Products, their marketing, use, maintenance and software,

including technical specifications ("Confidential Information").

(b) Subject to clause 7(e), Subscriber must:

(i) only use the Confidential Information solely for the purposes contemplated under any relevant Sales Contract; and

(ii) not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.

(c) If disclosure of Confidential Information to third parties is necessary, Subscriber will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Subscriber is bound to protect Catria Solutions pty LTD's Confidential Information under this clause 7.

(d) Upon the expiry or termination of any relevant Sales Contract, Subscriber must cease to use and must return or destroy (as Catria Solutions pty LTD may instruct) Catria Solutions pty LTD's Confidential Information in its possession or control.

(e) The provisions of this clause 7 do not extend to any information which is:

(i) at the time of disclosure, rightfully known to or in the possession or control of Subscriber and which is not subject to an obligation or confidentiality;

(ii) public knowledge (otherwise than as a result of a breach of this clause 19 or any other obligation of confidentiality);

(iii) approved to be disclosed by Catria Solutions pty LTD; or

(iv) required to be disclosed by a government authority or by relevant laws.

 

13. Liability

 

(a) To the extent permitted by law, Catria Solutions pty LTD will not be liable to Subscriber or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Subscriber, whether such liability

arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct of Catria Solutions pty LTD or its employees or agents;

(ii) the supply, performance or use of any Products or services; or

(iii) any breach by Catria Solutions pty LTD of its obligations under these Terms or any relevant Sales Contract.

14. General

(a) Catria Solutions pty LTD may amend these Terms at any time, by giving Subscriber notice by mail, e-mail or by posting a notice on Catria Solutions pty LTD's public website. By continuing to place orders for Products, Subscriber will be deemed to have accepted the revised Terms.

(b) These Terms are governed by the laws of the State of New South Wales.