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Terms and Conditions

Terms and Conditions for using our Services and Apps

PERSONAL DETAILS

We collect the Licensee’s IT, Business and Billing/Account details for provisioning licenses and processing on-time or recurring subscription billings.

LICENSE GRANT

Before using our paid version of Licensees and Services, the Licensee needs to have a written agreement with us mentioning all the Licenses and Services purchased from us.

USE RESTRICTIONS

  • Modify, adapt, translate, or create derivative works of the Extension.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Extension.
  • Remove or alter any copyright, trademark, or other proprietary notices from the Extension.

INTELLECTUAL PROPERTY

We retain all rights, title, and interest in and to the App, including all intellectual property rights. This Agreement does not grant the Licensee any rights to patents, copyrights, trade secrets, trademarks, or any other rights concerning the Extension.

SUPPORT AND UPDATES

At our discretion, we may provide updates or support for the Extension. Such updates may be subject to additional terms and conditions.

Our dedicated support team is available to assist you during the following hours:

Monday to Friday: 7:30 AM to 5:00 PM (AEDT).

It is closed on weekends and public holidays.

During support hours, you can reach us via support@smartappbs.com and +61 1800 72 27 28. Please allow up to 4 hours for a response. Any support requests received outside of the specified hours will be addressed promptly on the next business day.

SUBSCRIPTIONS AND PRICING

We offer some licenses to be installed from Microsoft AppSource as the free version. Paid licenses are not allowed in Production Environments until subscription and service fees are made. Before using such licenses, licensees should make a written agreement with us in terms of exact pricing mode.

PAYMENT OF FEES AND TAXES

  • The licensee will pay the Fees applicable to the subscription and any other services associated with the licenses.
  • Licensee must keep a valid payment method on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to any valid payment method that the licensee authorizes (“Authorized Payment Method”), and We will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Pound Sterling, and all payments will be in GBP currency.
  • Subscription Fees are paid in advance and will be billed according to the billing terms mentioned above specified in the contract agreement. Transaction Fees and Additional Fees will be charged from time to time at our discretion. A license will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the licensee via the Billing/Accounts Contact Email Address provided.
  • If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days (about 4 weeks) of the initial attempt, we may suspend and revoke access to the licensee’s Account and the Services. Licensee’s Account will be reactivated upon the payment of any outstanding Fees, plus the Fees applicable to the next billing cycle. Licensees may not be able to access licenses during any period of suspension. If the outstanding Fees remain unpaid for 60 days (about 2 months) following the date of suspension, we reserve the right to terminate the licensee’s Account. The licensee will be liable to pay according to the above-mentioned commitment.
  • The licensee must maintain an accurate address with us and notify us if the address changes so that the invoices reflect a valid address.
  • We accept only credit card payments for licenses.
  • We do not provide refunds.
  • We may change Subscription and Service pricing by giving notice 3 months before the end date of the committed term.

TERMINATION

Either party may terminate this Agreement by providing 30 days written notice to the other party.

Upon termination of this Agreement for any reason:

  • We will immediately cease all use of the Software and uninstall the extension from cloud environments and devices.
  • Any and all payment obligations of the Licensee for the Software shall become immediately due and payable for the entire commitment term.

DISCLAIMER OF WARRANTY

The App is provided “as is” without any warranty, express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY

We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected to the use of the Extension.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.