In accessing, and continuing to use our Services, you are agreeing to these terms on behalf of your church or organisation. If you do not agree to these terms, please do not use this website or our Services.
Other services (e.g. training, advanced technical support, additional of customised features, etc) that we may provide to you from time to time may be subject to additional terms, which, if applicable, will form part of your agreement with us.
Once you have signed up using our online registration form at http://easyjethro.com.au, Easy Jethro will provide you with access to a dedicated working Jethro System, accessible over the internet.
Your Jethro System will be running on a server that is physically located in Australia and owned by an Australian company.
You, and anyone that you have authorised, will have secure and reliable access to your Jethro System and your data will be appropriately secured and backed up.
Easy Jethro will provide basic technical support, primarily through email. We endeavour to respond to your queries or technical issues within a reasonable time frame, generally by the end of the next working day.
Support requests must be sent to Easy Jethro by your organisation’s primary or secondary support contact as nominated on your sign-up form.
The fees payable for our Services will be the amount stated at the time you sign up for our Services or in our subsequent correspondence.
You can see the current price structure for our Services on our website’s pricing page.
Fees for the hosting of your Jethro System do not include the cost of sending any SMS messages, which are paid for separately.
The prices on this website do not currently include any Goods and Services Tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999, since we are not currently required to charge GST. If we become liable to pay GST in the future, the fees payable for our services will be increased by the GST payable on them.
Our Services may be paid for in advance on an annual or 6 monthly basis. Services that are not billed in advance are generally billed at the end of the month in which the Services are rendered.
All invoices are payable within 14 days of the date of invoice. Discounts for payment in advance will not apply if invoices are not paid by the due date.
Our invoices are generally sent by email to the address you nominate.
When you pay in advance, your payment covers up to a specified number of person records and user accounts stored in the system. If you exceed the specified number of persons or user accounts, we will send you an additional invoice to cover the extra charge. Discounts for paying in advance will still apply to this extra charge.
For billing purposes, all non-archived person records (including children) in the system are counted.
Term and Renewal
This agreement shall continue for 12 months unless the agreement is terminated under clause 15. At the end of the term, this agreement will renew automatically for another 12 months term, unless the agreement is terminated under clause 1515, or you notify Easy Jethro 30 days before the end of the term.
You retain all right, title and interest in your data. This agreement does not transfer any ownership interest in your data to Easy Jethro.
You are responsible for maintaining the accuracy and currency of your data. It is not part of our Services to update or modify your data.
This Agreement does not transfer to you any intellectual property, including, but not limited to, any such property that may arise from any custom source code and resources produced specifically for you; and all right, title and interest in and to such property shall remain solely with Easy Jethro.
Data Backup and Security
Easy Jethro will use its best endeavour to back up and secure data stored on our server. We adopt industry best practice in respect of data storage and backup.
You have a role in maintaining the security of the data. You are responsible for maintaining the security of relevant usernames and passwords that are used to access your Jethro System. You are responsible for the actions and conducts of anyone that you have authorised to use your Jethro System. Easy Jethro takes no responsibility for privacy breaches or data loss that is demonstrated to be caused by insecure practices by users including, but not limited to, inappropriate saving of passwords on mobile devices, writing passwords down, use of weak passwords, or usage of shared computers.
We will endeavour to ensure that your Jethro System is available at least 99.5% of the time during each calendar month.
If you demonstrate that your Jethro System is available for less than 99.5% of a given calendar month (Downtime), then the following fee reductions will apply for that month:
|Greater than 0.5%, up to 1.5%||25%|
|Greater than 1.5%, up to 2.5%||50%|
|Greater than 2.5%, up to 3.5%||75%|
|Greater than 3.5%||100% – fee waived|
In applying this clause:
- “Available” means that your Jethro System can be accessed from the internet at large, and users authorized by you can successfully log in and perform basic tasks.
- In determining whether your Jethro System is available, the following are excluded:
- Minor defects in the software;
- Problems caused by your own equipment or network connection, or internet backbone problems beyond Easy Jethro’s control. In the event of a dispute, third-party tools such as http://www.downforeveryoneorjustme.com and http://pingdom.com will be used to determine whether connectivity problems are located in Easy Jethro’s services or your own network connection.
- The onus is on you to demonstrate that your Jethro System is not available.
Nothing in the forgoing alters the meaning or application of clauses 10 and 11.
Limitation of Liability
In no event will Easy Jethro, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or misappropriation, loss or corruption of data;. In any event, the liability of Easy Jethro, on all accounts, is limited to an amount equal to the fees you paid in the 12 months before the liability arose, Easy Jethro shall have no liability for any failure or delay due to matters beyond their reasonable control, and Easy Jethro shall not be liable for any loss or damage that is not reasonably foreseeable. The foregoing shall not apply to the extent prohibited by applicable law.
Warranties and Disclaimer
Whilst we exercise all reasonable skill and care in providing our Services, Easy Jethro and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Easy Jethro nor its suppliers and licensors, makes any warranty that the Jethro System will be error free or that access thereto will be continuous or uninterrupted.
Easy Jethro makes no representations that our Services comply with the laws (including intellectual property laws, privacy laws and security laws) of any country outside Australia. If you access our Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place from which you access the Services.
Easy Jethro will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other causes that are beyond our reasonable control.
You agree to indemnify and hold harmless Easy Jethro, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of our Services, including but not limited to your violation of this agreement.
We may vary the Terms of Service from time to time. The term of service that is applicable is the version set out on our website.
If Easy Jethro chooses to vary the terms, we will give you at least 60 days notice. Should you disagree with the revised terms, you may terminate the Services and we will refund fees that you may have paid in advance for Services that have not yet been performed.
You or Easy Jethro may terminate this agreement by giving the other party at least 30 days notice in writing. In the event that this agreement is terminated, the following shall apply:
- Refund. If Easy Jethro terminates the agreement, we will refund fees you have paid in advance to the extent that the Services have not yet been performed. If you terminate the agreement, no refund of fees paid in advance will apply, unless otherwise stated.14
- Your Data. If either party cancels the agreement, you may, at the time of termination, request a copy of all your data stored in your Jethro Sytem. We will supply this within 30 days of termination, free of charge, in the form of an SQL file suitable for use in any other installation of Jethro PMM. We will delete your data from our servers as soon as practicable once you have terminated our services.
Applicable Law. This agreement is subject to the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Sydney, New South Wales.
Entire agreement. This agreement constitutes the entire agreement between your and Easy Jethro. You acknowledge that oral or implied representations and terms do not form part of this agreement.
Relevant Party. If you are using this website or our Services on behalf of an entity (such as a church, organisation or business), this agreement will apply to that entity and that entity is taken to have accepted these terms. You acknowledge that you have the appropriate authority to enter into a legally binding agreement on behalf of that entity.
Severability. Invalidity of a part of this agreement shall not affect the validity of the remaining part of the agreement.