Terms of Service
These Terms of Service ("Terms") govern your use of our website located at www.simplyinvoiceme.com.au ("Simply Invoice Me"), and form a binding contractual agreement between you, the user of Simply Invoice, and us, Simply Invoice Me Pty Ltd (ACN 615 776 915).
For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use Simply Invoice Me.
These Terms also incorporate any policies and other similar documents that we may publish from time to time, such as our Billing Policy.
By using Simply Invoice, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you are not permitted to use Simply Invoice Me.
- Thank you for using Simply Invoice Me and the Product! The Product means:
- our suite of services and features related to business management, including creation of quotes, invoices, subscriptions and related reports;
- our related software ("Software");
- any updates;
- Simply Invoice's standard user documentation; and
- any other features that we may introduce from time to time.
- We grant you a non-exclusive, worldwide, non-transferable licence to use Simply Invoice Me and the Product in accordance with the terms and conditions set out in these Terms.
- We retain all right, title and interest (including all intellectual property rights (including but not limited to all intellectual property rights) in and to Simply Invoice, the Product and any and all related and underlying technology and documentation.
- If you submit any comments, suggestions or other feedback regarding the Product, we may freely exploit the feedback (including as part of the Product) without obtaining your permission or providing you with any form of compensation.
- The Product allows you to accept payments, including card-based payments from Visa, Mastercard and American Express cards.
- As a payment service enabler, Simply Invoice Me facilitates the processing of payment that you receive from your customers. This means that we collect, analyse and relay information generated in connection with these payments. Simply Invoice Me does not transact your funds, and all transactions are carried out by a payment gateway that you select during the creation of your account.
- Currently, Simply Invoice Me offers the choice of Stripe (https://stripe.com) ("Payment Partners"). Other Payment Partners may be added in the future at our discretion.
- You must set up an account with one of our Payment Partners before you can receive payments in connection with Simply Invoice Me. To set up an account with a Payments Partner, you will need to provide certain information, including but not limited to personal and bank account information, as requested by the Payments Partner.
- Your relationship with the Payments Partner, including but not limited to their use of your information, any fees you owe, disputes and chargebacks, are governed by the Payments Partner's terms of service and any other documentation that they provide.
- You acknowledge and agree that the Payments Partners will impose fees and charges, and that those fees and charges will need to be paid by you in addition to any payments due to us. We have no control over the fees and charges imposed by Payments Partners, and it is your responsibility to make sure that you are aware of the fees and charges before setting up the account with a Payments Partner or carrying out any transactions.Error! Bookmark not defined.
Use of Simply Invoice Me and the Product
- If you are an individual, you must be at least 18 years of age to use the Product. If you are using the Product on behalf of a company or other entity, you must have all necessary permissions and authorities from that company or other entity to do so.
- Subject to these Terms, you may access and use the Product for your internal business purposes and in accordance with our standard user documentation. This includes the right to use the Software on compatible devices that you own or control. You may permit your employees and agents to use the Product on your behalf, but you remain responsible for their acts, omissions and compliance with these Terms.
- You must not, whether directly or indirectly, do or attempt to do any of the following:
- rent, lease , reproduce, modify, create derivative works of, distribute or transfer the Product;
- use the Product for the benefit of any third party or incorporate the Product into any other product or service;
- circumvent mechanisms in the Products intended to limit your use;
- reverse engineer, disassemble, decompile or translate the Product, or attempt to derive the source code of the Software or any non-public APIs;
- access the Product in order to build a competitive product or service;
- submit any viruses, worms or other harmful code to the Product, or otherwise interfere with or cause harm to the Product;
- seek to access the information or data of other Simply Invoice Me users;
- use the Product to transmit spam or other unsolicited email; or
- use the Product except as expressly permitted.
- You must not add any content to Simply Invoice Me or the Product:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy;
- that would bring us, or Simply Invoice, into disrepute; or
- that infringes the intellectual property or other rights of any person or entity.
- We do not warrant that Simply Invoice Me or the Product will be compatible with your mobile device or computer, and you are responsible for ensuring that you have a compatible device when using Simply Invoice Me and the Product.
- We may offer various usage plans for the Product from time to time, including but not limited to:
- Free trials, which offer limited functionality and will expire if not converted to a paid plan ("Trial Plans"); and
- Paid subscriptions, which allow you to create an unlimited number of invoices during a specific subscription period ("Paid Plans"). We may offer a number of different paid subscriptions with different features.
- Your permitted scope of use, such as features available and number of users, depend on the specific plan that you select. Current plans are described at simplyinvoiceme.com.au/#pricing, and your specific plan will be identified in the terms presented when you register, order or pay for the Product ("Order Terms").
- Order Terms are to be read in conjunction with these Terms, and if there is any inconsistency between them then these Terms prevail over the Order Terms.
- If you have a Trial Plan, you may use the Product solely to determine whether to purchase a Paid Plan and you must not use it for any commercial purpose. You are only entitled to one (1) Trial Plan, and you must not reregister for a Trial Plan using the same or different details. Upon the expiration of your Trial Plan, you will need to subscribe to a Paid Plan before you can continue to use the Product in any capacity.
- Paid Plans are for a fixed subscription term, and if not renewed the Product will revert to limited functionality once a subscription term expires.
- If your Paid Plan is due to lapse and you do not wish to renew it, or if you otherwise terminate your Paid Plan under these Terms, it is your responsibility to extract any information that you may require from Simply Invoice Me before your access is limited. If you fail to do so, we cannot provide any guarantee that the information will be kept once your Paid Plan ceases to be active, and we may charge you a reasonable fee if you ask us to recover information for you.
- The plans that are available from time to time are at our sole discretion, and we are under no obligation to ensure that a particular plan is available to you when you create an account, unless that plan has been advertised or represented as being available to you at that particular time or as otherwise required by law.
- As part of Simply Invoice's effort to extend the functionality of the Product, certain features of the Product may be made available to you on a beta basis ("Beta Releases"). If you choose to use a Beta Release, you acknowledge and agree that the Beta Release may not be complete or fully functional, and that it may contain bugs, errors, omission and other problems.
- You warrant and agree that we are not liable for any direct or consequential loss that arises out of your use of a Beta Release, and that you use Beta Releases at your own risk.
- We do not guarantee that future versions of Beta Releases will be made available to you.
- You must pay all fees and other payments to Simply Invoice Me as specified in the Order Terms and in our Billing Policy.
- You acknowledge and agree that your subscription to a Paid Plan will automatically renew unless you advise us that you do not want this to occur. Our Billing Policy sets out how to disable auto-renewal through your account settings, and you can file a support request if you have any difficulties.
- All fees are non-refundable, except as expressly specified in our Billing Policy or elsewhere in these Terms.
- You retain all of your rights to any business information or other data that you enter into the Product ("Customer Data").
- You grant us a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, create derivative works of and modify any Customer Data in order to provide the Product to you and to otherwise operate, improve and maintain the Product. This includes, but is not limited to, our distribution of invoices containing Customer Data to the recipients designated by you through the Product.
- We may use the services of subcontractors to provide the Product, and you agree that we may disclose the Customer Data and sub-licence our rights under this clause to subcontractors. We agree to do all things reasonably possible to ensure that the subcontractors use the Customer Data in accordance with your rights under these Terms.
- We do not provide a data storage or archiving service with the Product, and you acknowledge and agree that you are solely responsible for maintaining backups of your Customer Data and any invoices or other information produced using the Product.
- We will only disclose your information in accordance with these Terms, your instructions or in accordance with the law. You acknowledge that there may be circumstances in which we may be compelled to disclose your Customer Data and information due to legal requirements or pursuant to court orders, and you agree that you will have no claim or rights against us if we are compelled to make such a disclosure.
- We may aggregate your Customer Data with other data so that the results are anonymised and not personally identifying to you or any other customer. We may also collect anonymous technical and other data about your use of the Product. You acknowledge and agree that we are permitted to do so, that we own the resulting data, and that we may use this data for our marketing, reporting and other lawful business purposes.
- You represent, warrant and agree that:
- Your use of Simply Invoice Me and the Product will comply with all applicable laws, regulations and other legal requirements;
- You have obtained all necessary rights, releases and permissions to provide Customer Data and other information to us and to allow the processing, use and disclosure of Customer Data by us under these Terms;
- You will not use the Product in connection to any activities prohibited by law, or in relation to any industries that may require us to hold additional licences or approvals or engage in any additional reporting obligations.
- Except where there is a field specifically designated by us in the Product, you agree not to submit any of the following information or data to the Product:
- tax file and other similar numbers;
- bank account numbers;
- credit or debit card numbers;
- medical or other health related information; and
- drivers licence numbers, passport details and other similar identifying information.
Australian Consumer Law Rights and Liability
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations, including the Australian Consumer Law. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- To the fullest extent permitted by law, you agree that our liability under any other circumstances is limited to the amount paid by you. You acknowledge and agree that we do not have any liability to you for any other amounts, including but not limited to damages for any consequential or economic loss.
- You acknowledge and agree that we are not liable for any breach of these Terms, or for any direct, consequential or economic loss sustained by you due to any matter or thing outside our control, including but not limited to fire, flood, earthquakes, other natural disasters, strikes, lock-outs, work stoppages, wars, riots or civil commotion, explosion or accident.
- We are not a party to the agreement between you and your customers, we simply make it easier for you to invoice them and receive payments from them. Accordingly, any dispute between you and your customers must be resolved directly with them, and with the relevant Payment Partner if necessary. We do not provide any dispute resolution services and we assume no liability or responsibility for your products, services or offerings. We are also not responsible or liable in any way for any of your customers who fail to make payments to you.
- If you are not satisfied with Simply Invoice Me or the Product, you must advise us in writing within thirty (30) days of becoming aware of the issue.
- Once we are advised of the issue, we will take reasonable steps to investigate it and provide you with a response.
- You may terminate your subscription at any time within the Product's account settings. However, unless a valid and material complaint about the Product has been upheld in accordance with these Terms, you are not entitled to any refund and you remain liable for any outstanding or agreed future payments.
- If you commit a breach of these Terms that can be rectified, we will provide you with notice in writing of the breach and what must be done by you to rectify it. If you do not rectify the breach within ten (10) business days of receiving our notice, we may terminate your subscription without any further notice to you. If this occurs, you are not entitled to any refund and you remain liable for any outstanding or agreed future payments.
- If you commit a breach of these Terms that cannot be rectified, we may terminate your subscription immediately and without prior notice to you. If this occurs, you are not entitled to any refund and you remain liable for any outstanding or agreed future payments.
- Trial Plans and access to Beta Releases may be terminated or suspended at any time for any reason.
- If we cease to offer the Product, we may immediately terminate your subscription. In these circumstances, you will receive a pro-rated refund based on the unused portion of your subscription.
- Upon termination of your subscription for whatever reason, your right to use the Product will terminate and you must cease to use it.
- You are responsible for reviewing the terms of service and any other documentation provided by your chosen Payment Partner. If you are not satisfied with the services or security of the payment gateway provided by a Payment Partner, you must not use the Product.
- Your Simply Invoice Me account allows you to accept payment card transactions and to account for cash transactions on compatible devices.
- Devices modified contrary to the manufacturer's software or hardware guidelines, including but not limited to those with disabled hardware or software controls (which are sometimes referred to as "jail broken") are not compatible devices. You acknowledge and agree that using a modified device to use Simply Invoice Me and the Product is expressly prohibited, constitutes a violation of these Terms, and is grounds for the termination of your Simply Invoice Me account.
Support and Updates
- We will use reasonable efforts to provide support by email, live chat and online self-help, but we do not guarantee that support services will be continuously available or that you will receive an immediate response.
- All support is governed by Simply Invoice's Support Policy at the relevant time.
- We may provide updates or upgrades to the Product from time to time ("Updates"). All Updates are governed by these Terms unless we expressly specify otherwise.
- Updates and other Product changes are made at our sole discretion.
- In these Terms, the following rules of interpretation apply unless the context otherwise requires:
- a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government, and vice versa;
- a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under that legislation or legislative provision;
- the singular includes the plural and vice versa;
- a reference to any gender includes all genders;
- a reference to a clause or schedule is to a clause or schedule of these Terms;
- a recital, schedule, annexure or a description of the parties forms part of these Terms;
- a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;
- a reference to any party to these Terms, or any other document or arrangement, includes that party's executors, administrators, substitutes, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- where an expression is defined anywhere in these Terms, it has the same meaning throughout;
- a reference to any monetary amount is to an amount in Australian currency;
- headings are for convenience of reference only and do not affect interpretation.
- These Terms may only be amended in writing, signed by the Parties.
- Each party shall take all steps, execute all documents and do everything reasonably required to give effect to these Terms.
- These Terms is binding on the successors and permitted assigns of each party.
- If part or all of any provision of these Terms is illegal or unenforceable then it may be severed from these Terms and the remaining provisions of these Terms will continue in full force and effect.
- A waiver of any provision of these Terms or consent to any departure by a party from any provision of these Terms must be in writing and be signed by all parties and is effective only to the extent for which it is given.
- These Terms contains the entire understanding between the Parties and all agreements, negotiations, understandings, representations, warranties, memoranda, or commitments in relation to or in any way affecting the subject matter of these Terms are superseded by these Terms and shall be of no force or effect whatsoever.
- The Parties acknowledge that they have received or had the opportunity to receive independent legal advice in respect of the terms and effect of these Terms and do not rely upon any representations or warranties in entering into these Terms (other than those set out expressly within the Agreement).
- These Terms are governed by and must be construed in accordance with the laws of New South Wales and any Court which may have appeals from it and the parties are subject to the non-exclusive jurisdiction of those Courts.