Subscription Pack / Subscriber Agreement Credit Fix Solutions ABN 97 147 338 823
THE PRODUCTS ARE PROVIDED ONLY ON THE CONDITION THAT SUBSCRIBER AGREES TO THE TERMS AND CONDITIONS IN THIS SUBSCRIPTION AGREEMENT AND THE MATERIALS REFERENCED HEREIN (“AGREEMENT”) BETWEEN SUBSCRIBER AND CHELSEA PLANNING AND CONSULTING PTY LTD t/as Credit Fix Solutions ABN 97 147 338 823. BY ACCEPTING THIS AGREEMENT OR BY USING THE PRODUCTS, SUBSCRIBER ACKNOWLEDGES IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THIS AGREEMENT.
“Affiliate” means an entity controlling, controlled by, or under common control with Subscriber, where control is established by a majority ownership (greater than fifty percent (50%)) in or over an entity; provided, however, that the term “Affiliate” shall not include an entity which is a direct competitor of Chelsea Planning and Consulting Pty Ltd Credit Fix Solutions ABN 97 147 338 823.
“Databases” means proprietary database(s) of URL addresses, email addresses, Malware, applications, analytical models, and other valuable information.
“Database Updates” means changes to the content of the Databases.
“Documentation” means the Product use instructions and other marketing and Application materials prepared by Chelsea Planning and Consulting Pty Ltd, in any form or medium, as may be updated from time to time by Chelsea Planning and Consulting Pty Ltd and made generally available to Subscriber.
“Error” means a material failure of the Product to conform to the Documentation, which is reported by Subscriber and repairable by Chelsea Planning and Consulting Pty Ltd.
“Chelsea Planning and Consulting Pty Ltd” means, as the context requires: Chelsea Planning and Consulting Pty Ltd trading as Credit Fix Solutions ABN 97 147 338 823, a Pty Ltd company with its principal place of business at 14, 3 Parramatta Square, 153 Macquarie Street Parramatta NSW 2150; offering Credit Fix Direct as a Subscription Product.
“Order” means a purchase commitment mutually agreed upon between (1) Chelsea Planning and Consulting Pty Ltd and Subscriber or (2) a Chelsea Planning and Consulting Pty Ltd authorized reseller(s) and Subscriber.
“Permitted Capacity” means the number of Subscribers per subscription as set forth in the Order.
“Products” means Subscription Packs, Marketing documents, Application Forms, Software, Databases, Database Updates, together with applicable Documentation and media, and if purchased pursuant to an Order and Services Offerings.
“Services Offerings” means Chelsea Planning and Consulting Pty Ltd’s packaged professional services offerings described in a Chelsea Planning and Consulting Pty Ltd published Terms and Conditions document.
“Software” means Chelsea Planning and Consulting Pty Ltd.’s proprietary or managed Subscription and CRM software applications, in object code only.
“Software Upgrades” means certain modifications or revisions to the Software but excludes products for which Chelsea Planning and Consulting Pty Ltd generally charges a separate fee.
“Subscriber” means the individual, company, Affiliates, or other legal entity that has placed an Order, is the ultimate end user of the Subscription Pack and has registered its details on the Chelsea Planning and Consulting Pty Ltd website at http://creditfixsolutions.com.au/.
“Subscription” means a non-exclusive, personal, non-transferable right to use the Products and use the output of the Services Offerings in accordance with this Agreement and the Order.
“Subscription Fees” means the agreed upon fees in an Order.
“Subscription Term” means the agreed upon time period in an Order.
“User” means (i) any person utilizing Subscriber’s or an Affiliate’s network with access to the Products directly or indirectly, who is an employee, temporary employee, customer, contractor, or guest of Subscriber or an Affiliate; or (ii) for Email a separate email address or account that receives electronic messages or data within Subscriber’s or an Affiliate’s email system or network. For Email, up to 1 alias may be considered one User. (For example: A default email address of firstname.lastname@example.org with an alias of email@example.com counts as a single User).
“Virus” or “Malware” means computer software or program code that is designed to damage or reduce the performance or security of a computer program or data.
“Average Emails” means the total number of emails processed in performance of Email divided by the number of Devices, Seats, or Users in the Order.
“Bulk Mail” means a large number of email messages with similar content sent or received in a single operation or a series of related operations.
“Open Relay” means an email server configured to receive email from an unauthorized third party and that forwards the email to other recipients who are not part of the server’s email network.
“Spam” means a large number of unsolicited email messages (typically over 500 per month) with similar content sent or received in a single operation or a series of related operations.
“Web Content” means any data and requests for data processed by Web including but not restricted to that accessed using the Internet protocols HTTP and FTP.
“Web” means the online, Web-based Product (or Product component) provided by http://creditfixsolutions.com.au/ when set forth in the Order, including any associated offline components.
2. Product Subscription.
Subject to the provisions contained in this Agreement, and timely payment of the applicable fees, Chelsea Planning and Consulting Pty Ltd hereby grants Subscriber, for the Subscription Term, a Subscription to use the Products and access the our Services (including any output of the Services Offerings) identified in the Order solely for Subscriber’s internal business purposes up to the Permitted Capacity set forth in the Order. Subscriber shall not, and shall not permit anyone else to copy the on-premise Products or product information provided by Chelsea Planning and Consulting Pty Ltd, other than copies made solely for data backup and testing purposes. Any information provided to Subscriber by Chelsea Planning and Consulting Pty Ltd is subject to the terms of this Agreement. Subscriber understands that its right to use the Products is limited by the Permitted Capacity purchased, and Subscriber and its Affiliates combined use may in no event exceed the Permitted Capacity authorized under the applicable Order. The Permitted Capacity provided in the Order(s) represents minimum amounts that Subscriber has committed to for the Subscription Term. If Subscriber’s use exceeds the Permitted Capacity, Subscriber must purchase additional Permitted Capacity sufficient for the balance of the then-current Subscription Term to cover the excess use and pay out the existing contract in full.
3. Provision of Services.
3.1 Chelsea Planning and Consulting Pty Ltd will use commercially reasonable efforts to provide Services for the Subscription Term. Chelsea Planning and Consulting Pty Ltd makes no service level commitments for the Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies.
3.2 If Chelsea Planning and Consulting Pty Ltd determines that the security or proper function of Services would be compromised due to hacking, denial of service attacks,
charging of upfront fees for service or other activities originating from or directed at Subscriber’s network, Chelsea Planning and Consulting Pty Ltd may immediately suspend Services until the problem is resolved. Chelsea Planning and Consulting Pty Ltd will promptly notify and work with Subscriber to resolve the issues.
3.3 If Services are suspended or terminated, Chelsea Planning and Consulting Pty Ltd will not reverse all charges paid to date.
3.4 Chelsea Planning and Consulting Pty Ltd may modify, enhance, replace, or make additions to the Products.
3.5 If Subscriber is using the Products to distribute Spam or Malware, Chelsea Planning and Consulting Pty Ltd may suspend Services until the problem is resolved.
4. Subscriber Obligations.
4.1 Subscriber will (a) comply with all applicable laws, statutes, regulations and ordinances, (b) only use the Products for legitimate business purposes which may include sending and receiving business and personal email or Web Content by its employees, and (c) not use the Products to construct or transmit Spam, Malware, or excessive email.
4.2 Subscriber must (a) have the authority, rights, or permissions to use all material registered to the Products, (b) obtain any necessary consents from its employees, (c) maintain all necessary rights to access material(s), and (d) maintain all permissions, authorizations, licenses, and approvals to access and use the data and information inputted, displayed, or processed (including all output and data developed or derived) as a result of Subscriber’s use of the Products to access and use credit repair as a service for their clients.
4.4 Subscriber will defend, indemnify and hold Chelsea Planning and Consulting Pty Ltd harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with any claims, demands, suits, or proceedings (“Claims”) made or brought against Chelsea Planning and Consulting Pty Ltd by a third party alleging or related to Subscriber’s (i) violation of its obligations in this Section 4; (ii) infringement of intellectual property rights; (iii) acts or omissions in relation to Subscriber provided hardware, equipment, or third party software licenses used in connection with the Products; (iv) civil or criminal offenses; (v) transmission or posting of obscene, indecent, or pornographic materials; (vi) transmission or posting of any material which is slanderous, defamatory, offensive, abusive, or menacing or which causes annoyance or needless anxiety to any other person; or (vii) transmission of information through the Products.
4.5 Subscriber agrees to cooperate with Chelsea Planning and Consulting Pty Ltd personnel providing any Services Offerings, and to provide reasonable assistance, including: (i) gathering relevant supporting documentation; (ii) ensuring appropriate Subscriber personnel are assigned to the project and are able to devote sufficient time to facilitate the project; (iii) granting resource access to information, systems, and licenses related to the scope of the projects, and adequate test environment, and any reasonable and appropriate data to perform the Services Offerings.
5. Technical Support.
5.1 Product technical support includes (i) standard technical support, Error corrections or workarounds so that the Products operate in substantial conformance with the Documentation. Standard technical support includes online website and portal access, and telephone support during business hours. Database Updates and Software Upgrades will be provided to Subscriber only if Subscriber has paid the appropriate Subscription Fees for the Permitted Capacity. Chelsea Planning and Consulting Pty Ltd may require Subscriber to install Software Upgrades up to and including the latest release. Enhanced support offerings are only available for additional cost and are also subject to the terms of this Agreement.
5.2 Chelsea Planning and Consulting Pty Ltd’s obligation to provide technical support is limited to: (i) a Product that has not been altered or modified by anyone other than Chelsea Planning and Consulting Pty Ltd or its licensors; (ii) a release for which technical support is provided. If an Error has been corrected or is not present in a more current version of the Product, Forcepoint will provide the more current version via technical support, but will not have any obligation to correct such Error in prior versions.
5.3 Chelsea Planning and Consulting Pty Ltd reserves the right to terminate the Subscription or increase the associated fees upon 60 days prior written notice should Subscriber not stay current with a supported release in accordance with this Section.
6. Intellectual Property Rights.
The Products and all related intellectual property rights are the exclusive property of Chelsea Planning and Consulting Pty Ltd or its licensors. All right, title and interest in and to the Products, any modifications, translations, or derivatives thereof (including any related scripts, tools, and know-how), even if unauthorized, and all applicable rights in patents, copyrights, trade secrets, trademarks, and all intellectual property rights in the Products remain exclusively with Chelsea Planning and Consulting Pty Ltd or its licensors. The Products are valuable, proprietary, and unique, and Subscriber agrees to be bound by and observe the proprietary nature of the Products. The Products contain material that is protected by patent, copyright and trade secret law, and by international treaty provisions. The Products include software products licensed from third parties. Such third parties have no obligations or liability to Subscriber under this Agreement but are third party beneficiaries of this Agreement. All rights not granted to Subscriber in this Agreement are reserved to Chelsea Planning and Consulting Pty Ltd and its licensors. No ownership of the Products passes to Subscriber. Chelsea Planning and Consulting Pty Ltd may make changes to the Products at any time without notice. Except as otherwise expressly provided, Chelsea Planning and Consulting Pty Ltd grants no express or implied right under Chelsea Planning and Consulting Pty Ltd patents, copyrights, trademarks, or other intellectual property rights. Subscriber may not remove any proprietary notice of Chelsea Planning and Consulting Pty Ltd or any third party from the Products or any copy of the Products, without Chelsea Planning and Consulting Pty Ltd’s prior written consent.
7. Protection and Restrictions.
7.1 Each party (the “Disclosing Party”) may disclose to the other (the “Receiving Party”) certain confidential technical and business information which the Disclosing Party desires the Receiving Party to treat as confidential. “Confidential Information” means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, electronically or by inspection of tangible objects (including without limitation documents, prototypes, equipment, technical data, trade secrets and know-how, product plans, Products, services, suppliers, customer lists and customer information, prices and costs, markets, software, databases, developments, inventions, processes, formulas, technology, employee information, designs, drawings, engineering, hardware configuration information, marketing, licenses, finances, budgets and other business information), which is designated as “Confidential,” “Proprietary” or some similar designation at or prior to the time of disclosure, or which should otherwise reasonably be considered confidential by the Receiving Party. Confidential Information may also include information disclosed to a Disclosing Party by third parties. Confidential Information shall not, however, include any information which the Receiving Party can document (i) was publicly known and made generally available prior to the time of disclosure by the Disclosing Party or an authorized third party; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of the Receiving Party in violation of any obligation of confidentiality; (iii) is already in the possession of the Receiving Party at the time of disclosure; (iv) is lawfully obtained by the Receiving Party from a third party without a breach of such third party’s obligations of confidentiality; or (v) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. Each party agrees that all Confidential Information of the other party will be treated by the Receiving Party as non-public confidential information and will not be disclosed to any person other than Disclosing Party and employees and contractors of Receiving Party on a need to know basis and that Receiving Party will protect the confidentiality of such Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event with less than a reasonable standard of care. Furthermore, each party agrees to only use the Confidential Information of the other party for purposes of carrying out its rights and obligations under this Agreement.
7.2 Subscriber will take all reasonable steps to safeguard the Products to ensure that no unauthorized person has access and that no unauthorized copy, publication, disclosure or distribution, in any form is made. The Products contain valuable, confidential information and trade secrets and unauthorized use or copying is harmful to Chelsea Planning and Consulting Pty Ltd. Subscriber may use the Products only for the internal business purposes of Subscriber. Subscriber will not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Products; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Products, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Products to any user other than Subscriber’s employees and individual contractors who have a need to such access and who shall be bound by nondisclosure obligations that are at least as restrictive as the terms of this Agreement; (iv) write or develop any derivative works based upon the Products; (v) modify, adapt, translate or
otherwise make any changes to the Products or any part thereof; (vi) use the Products to provide credit repair services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without Chelsea Planning and Consulting Pty Ltd’s prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Products; (viii) otherwise use or copy the same except as expressly permitted herein; (ix) use any third party software included in the Products independently from the Chelsea Planning and Consulting Pty Ltd proprietary Products. Subject to the terms of this Agreement, Subscriber may allow its agents and independent contractors to use the Products solely for the benefit of Subscriber; provided, however, Subscriber remains responsible for any breach of this Agreement. Any other use of the Products by any other entity is forbidden and a violation of this Agreement. If any additional third party end-user license agreement is (a) attached to this Agreement or the Order, then Subscriber’s use Chelsea Planning and Consulting Pty Ltd’s Products will be cancelled immediately with no refund.
8. Financial Terms.
This Section applies if Subscriber has placed an Order directly with Chelsea Planning and Consulting Pty Ltd: Fees and payment terms are specified in the applicable Order. Except as otherwise expressly specified in the Order, all recurring payment obligations start from the execution of the Order. Chelsea Planning and Consulting Pty Ltd may increase recurring fees at any time upon 60 days written notice. Unless otherwise specified in the Order, payment of all fees is due 30 days after the invoice date. Failure to make timely payments is a material breach of the Agreement and Chelsea Planning and Consulting Pty Ltd will be entitled to suspend any or all of its performance obligations hereunder in accordance with the provisions of Section 12 and to modify the payment terms, including requiring full payment before Chelsea Planning and Consulting Pty Ltd performs any obligations in this Agreement. Subscriber will reimburse Chelsea Planning and Consulting Pty Ltd for any Chelsea Planning and Consulting Pty Ltd expenses incurred, including interest and reasonable attorney fees, in collecting amounts due to Chelsea Planning and Consulting Pty Ltd hereunder that are not under good faith dispute by Subscriber. Amounts paid or payable for Products are not contingent upon the performance of any consulting or other professional services. Chelsea Planning and Consulting Pty Ltd’s reasonable travel and lodging expenses incurred by Chelsea Planning and Consulting Pty Ltd in the performance of services on Subscriber’s site will be billed separately at actual cost. Subscriber is responsible for payment of all taxes (excluding those on Chelsea Planning and Consulting Pty Ltd ‘s net income) arising out of this Agreement, except to the extent a valid tax exemption certificate or other written documentation acceptable to Chelsea Planning and Consulting Pty Ltd to evidence Subscriber’s tax exemption status is provided by Subscriber to Chelsea Planning and Consulting Pty Ltd prior to the delivery of Products or services.
9. Limited Warranty; Remedies; Disclaimer.
9.1 For the Subscription Term, Chelsea Planning and Consulting Pty Ltd warrants that the Products (other than Services Offerings), as updated from time to time by Chelsea Planning and Consulting Pty Ltd and used in accordance with the Documentation and the Agreement by Subscriber, will operate in substantial conformance with the Documentation under normal use. Chelsea Planning and Consulting Pty Ltd warrants that Services Offerings will be
performed in a professional and workmanlike manner and Chelsea Planning and Consulting Pty Ltd will comply with all applicable laws in providing the Services Offerings.
9.2 Subscriber must promptly notify Chelsea Planning and Consulting Pty Ltd in writing of a claim. Provided that such claim is reasonably determined by Chelsea Planning and Consulting Pty Ltd to be Chelsea Planning and Consulting Pty Ltd’s responsibility, Chelsea Planning and Consulting Pty Ltd shall, within thirty (30) days of its receipt of Subscriber’s written notice, (i) correct the Error or provide a workaround; (ii) provide Subscriber with a plan reasonably acceptable to Subscriber for correcting the Error; or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from Chelsea Planning and Consulting Pty Ltd at Chelsea Planning and Consulting Pty Ltd’s discretion, then Chelsea Planning and Consulting Pty Ltd may terminate the affected Product Subscription and Subscriber will be entitled to a refund of the unused Subscription Fees paid for the affected Product applicable to the balance of the then-current Subscription Term.
9.3 This warranty is void and Chelsea Planning and Consulting Pty Ltd is not obligated to provide support if a claimed breach of the warranty is caused by: (i) any unauthorized modification of the Products or tampering with the Products, (ii) use of the Products inconsistent with the accompanying Documentation, (iii) Subscriber’s failure to use any new or corrected versions of the Product made available by Chelsea Planning and Consulting Pty Ltd; or (iv) breach of this Agreement by Subscriber or its users.
10. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CHELSEA PLANNING AND CONSULTING PTY LTD, ITS AFFILIATES, ITS LICENSORS OR RESELLERS WILL NOT BE LIABLE FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF GOODWILL, OPPORTUNITY, OR REVENUE; (IV) SUBSCRIBER’S DECISIONS BASED ON ITS INTERPRETATION OF THE OUTPUT FROM THE PRODUCTS; NOR (V) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER FORESEEABLE OR UNFORESEEABLE INCLUDING, BUT NOT LIMITED TO CLAIMS FOR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, PRIVACY, ACCESS TO OR USE OF ANY ADDRESSES, EXECUTABLES OR FILES THAT SHOULD HAVE BEEN LOCATED OR BLOCKED, NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHERWISE AND THIRD PARTY CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In the event of a third-party claim, suit or proceeding against Subscriber asserting that use of the Product as permitted in this Agreement infringes a third-party’s patent, copyright, or trademark right recognized in any jurisdiction where the Product is used, Chelsea Planning and Consulting Pty Ltd at its expense will defend Subscriber and indemnify Subscriber against costs, expenses (including reasonable attorneys’ fees), and damages payable to any third party in any such suit or cause of action that are directly related to that claim. Chelsea Planning and Consulting Pty Ltd’s obligation under this Section is contingent upon Subscriber providing Chelsea Planning and Consulting Pty Ltd with: (a) prompt written notice of the suit or claim; (b) the right to solely control and direct the defense of the claim; and (c)
reasonable cooperation with Chelsea Planning and Consulting Pty Ltd. Chelsea Planning and Consulting Pty Ltd will have no liability for any claim of infringement resulting from: (i) modification of the Products by anyone other than Chelsea Planning and Consulting Pty Ltd; (ii) a combination of the Products with other products or material not provided by Chelsea Planning and Consulting Pty Ltd; or (iii) failure by Subscriber to implement Software Upgrades and Database Updates. In the event the Products, in Chelsea Planning and Consulting Pty Ltd’s opinion, are likely to or do become the subject of a claim of infringement, Chelsea Planning and Consulting Pty Ltd may at its sole option and expense: (x) modify the Products to be non-infringing while preserving equivalent functionality; (y) obtain a license for Subscriber’s continued use of the Products; or (z) terminate this Agreement and the license granted hereunder, accept return of the Products and refund to Subscriber the unused Subscription Fees paid for the affected Product applicable to the balance of the then-current Subscription Term.
12. Term and Termination.
12.1 This Agreement continues in full force and effect until the expiration or termination of the Order(s), unless otherwise terminated earlier as provided hereunder. All Orders are non-cancellable, and there shall be no fee adjustments or refunds for any reason, including decreases in usage, or otherwise during the Subscription Term. Upon termination or expiration of the Subscription Term, Subscriber’s right to use the Products terminates.
12.2 Product subscriptions are each subject to the terms and conditions of this Agreement and also our Terms and Conditions document.
12.3 Either party may terminate this Agreement immediately upon written notice at any time if: (i) the other party commits a non-remediable material breach of the Agreement, or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non-breaching party within 30 days of being notified in writing of such breach, except for breach of payment terms which shall have a ten (10) day cure period; or (ii) the other party ceases business operations; or (iii) the other party becomes insolvent, generally stops paying its debts as they become due or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against the other (and not dismissed within 90 days after commencement of one of the foregoing events). Upon notification of termination by either party, Subscriber must uninstall any Products, cease using and destroy or return all copies of the Products to Chelsea Planning and Consulting Pty Ltd, and to certify in writing that all known copies thereof, including backup copies, have been destroyed. Sections 1 to 16 shall survive the termination of this Agreement.
12.4 Chelsea Planning and Consulting Pty Ltd will be entitled to suspend any or all services upon 10 days written notice to Subscriber in the event Subscriber is in breach of this Agreement. Chelsea Planning and Consulting Pty Ltd may impose an additional charge to reinstate service following suspension.
13. Compliance with Laws.
Each party will comply with all applicable laws and regulations, including but not limited to Australia’s The Privacy Act, that may apply to issues including the protection of personal data, and anti-bribery. Subscriber must obtain any required consents (including employee consent addressing the interception, reading, copying or filtering of emails and their attachments) and any local government permits, licenses, or approvals required to use the Products. Neither party will use any data obtained via the Products for any unlawful purpose. Each party’s obligations with respect to the treatment of personal data submitted to Chelsea Planning and Consulting Pty Ltd pursuant to this Agreement are set forth in the Products privacy forms signed by any potential clients.
Commodities, technology and software, including the Products (collectively referred to as “items”) are subject to the export control laws of Australia and other countries that may lawfully control the export of such items. Subscriber agrees it will not transfer such items or furnish such services except in compliance with the export laws of Australia any other country that may lawfully control the export of such items or the provision of such services. Subscriber further agrees to indemnify and hold Chelsea Planning and Consulting Pty Ltd harmless from any claims, liabilities, penalties, forfeitures, and associated costs and expenses (including attorneys’ fees) that Chelsea Planning and Consulting Pty Ltd may incur due to Subscriber’s non-compliance with applicable export laws, rules and regulations. Subscriber agrees to immediately notify Chelsea Planning and Consulting Pty Ltd of any violation of any export law, rule or regulation, which may affect Credit Fix Solutions ABN 97 147 338 823 or relate to the activities covered under this Agreement.
Without prejudice to Chelsea Planning and Consulting Pty Ltd audit rights pursuant to this Section, upon Chelsea Planning and Consulting Pty Ltd’s request Subscriber will document and certify that use of the Products is in full conformity with the use rights granted under this Agreement and the applicable Order. During the term of this Agreement and for a period of one year following its termination, Subscriber will maintain and make available to Chelsea Planning and Consulting Pty Ltd records sufficient to permit Chelsea Planning and Consulting Pty Ltd or Chelsea Planning and Consulting Pty Ltd’s independent auditor to verify, upon ten days’ written notice, Subscriber’s compliance with this Agreement. Subscriber will provide reasonable assistance, personnel, access to Chelsea Planning and Consulting Pty Ltd components within Subscriber’s systems, and information necessary to facilitate the timely completion of Chelsea Planning and Consulting Pty Ltd’s compliance verification. The audit will be performed during regular business hours. If Subscriber is not in compliance with this Agreement, Subscriber will reimburse Chelsea Planning and Consulting Pty Ltd’s reasonable costs and expenses of such verification process (including, but not limited to the fees of an independent auditor), and Subscriber will promptly cure any noncompliance, including without limitation payment of any and all fees owed to Chelsea Planning and Consulting Pty Ltd during the period of noncompliance. The rights and remedies under this Section are in addition to any other rights Chelsea Planning and Consulting Pty Ltd may have
under this Agreement. Additionally, Chelsea Planning and Consulting Pty Ltd may at any time, without notice, during the term of this Agreement access Subscriber’s system, subject to applicable local law, to determine whether Subscriber and its users are complying with the terms of this Agreement. Subscriber acknowledges that the Products may include a license manager component to track usage of the Products and agrees not to impede, disable or otherwise undermine such license manager’s operation.
For the purposes of customer service, technical support, and as a means of facilitating interactions with its end-users, Chelsea Planning and Consulting Pty Ltd may periodically send Subscriber messages of an informational or advertising nature via email, and provide account information to related third-parties (e.g. Subscriber’s reseller). Information will be processed by Chelsea Planning and Consulting Pty Ltd in accordance with the applicable data privacy laws. Subscriber may at any time update its communications preferences on http://creditfixsolutions.com.au/ or by sending an email to firstname.lastname@example.org. Subscriber acknowledges and agrees that if it chooses not to receive informational or advertising messages, then it will not receive Chelsea Planning and Consulting Pty Ltd emails concerning upgrades and enhancements to Products. However, Chelsea Planning and Consulting Pty Ltd may still send emails of a technical nature. Subscriber acknowledges that Chelsea Planning and Consulting Pty Ltd may use Subscriber’s company name only in a general list of Chelsea Planning and Consulting Pty Ltd customers. Chelsea Planning and Consulting Pty Ltd owns any suggestions, ideas, enhancement requests, feedback, or recommendations provided by Subscriber relating to the Products. Chelsea Planning and Consulting Pty Ltd may use non-identifying and aggregate usage and statistical information related to Subscriber’s and its users’ use of the Products for its own purposes outside of the Agreement. Subscriber may not transfer any of Subscriber’s rights to use the Products or assign this Agreement to another person or entity, without first obtaining prior written approval from Chelsea Planning and Consulting Pty Ltd. Any notice required or permitted under this Agreement or required by law must be in writing and must be (i) delivered in person, (ii) sent by first class registered mail, or air mail, as appropriate, or (iii) sent by an internationally recognized overnight air courier, in each case properly posted and fully prepaid. Notices sent to Chelsea Planning and Consulting Pty Ltd must be sent to the attention of the CEO at Credit Fix Solutions, 14, 3 Parramatta Square, 153 Macquarie Street Parramatta NSW 2150. Notices are considered to have been given at the time of actual delivery in person, two (2) business days after deposit in the mail as set forth above, or one (1) day after delivery to an overnight air courier service. Either party may change its contact person for notices and/or address for notice by means of notice to the other party given in accordance with this paragraph. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by the federal laws of Australia and the laws of the State of New South Wales, for all claims, without regard to or application of choice of laws, rules or principles. Both parties hereby consent to the exclusive jurisdiction of: the state and federal courts in Australia for all claims arising in or related to this agreement, provided however that Chelsea Planning and Consulting Pty Ltd may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. Both parties expressly waive any objections or defence based upon lack of personal jurisdiction or venue. Neither party will be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, fire, flood, acts of God, explosion, war or the engagement of
hostilities, strike, embargo, labour dispute, government requirement, civil disturbances, civil or military authority, disturbances to the Internet, and inability to secure materials or transportation facilities.
17. Returns Policy
Credit Fix Solutions offers a 3 day cooling-off period once the purchase is submitted via our online Shop on the website in which time any fees paid will be reimbursed in full.
Credit Fix Solutions ABN 97 147 338 823 Subscription Pack Terms and Conditions
Welcome to our membership terms. Please read these terms carefully as they will set out the terms for your membership with us. Where there are differences between our memberships for your Pack (for example, the price of your membership or what it includes), we have set out these details below. Unless otherwise stated, any reference to a member or a membership shall include reference to all our members. In addition to these terms, you will also be subject to the individual offer terms which govern the specific offer which you choose. Such offer terms will be made available to you when choosing your pack/offer. If you access one of our packs under a corporate subscription, these standard membership terms will apply to your membership as far as they are relevant. The duration of your membership is determined by the corporate subscription holder.
This is an instant access service. By purchasing this membership, you agree your access will start immediately. Please see Cancellation Terms for your cancellation rights.
Annual Product Subscription
Your annual subscription for your Subscription Pack will start when Chelsea Planning and Consulting t/as Credit Fix Solutions confirms your payment and will continue for a period of one year. Annual subscriptions purchased on the Chelsea Planning and Consulting t/as Credit Fix Solutions website are billed monthly in twelve equal payments. When you purchase an annual subscription, auto-renew is automatically selected in your Account. We will provide you with 30 days’ notice of any change. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of your current subscription term.
Your Subscription Pack plan starts when your payment for a Pack has been confirmed and will continue for a period of one (1) year. If you wish to upgrade your Pack, you must firstly pay out your existing Pack in full to the total value of the pack.
Membership for Subscription Packs
Bronze Pack@ $249 per month • 6 Guaranteed successful applications per year • Start Up Support and Training Pack • Our Service Guarantee • Access to Bi-Annual Webinars on Credit Reporting education and Marketing workshops • Templated Application for Co- Branding and Individualised pricing purposes • Templated Co-Branded Flyer for electronic and printing purposes • Phone Access to Credit Repair Processing Assistant
Silver Pack @ $399 per month • 12 Guaranteed successful applications per year • Start Up Support and Training Pack • Our Service Guarantee • Access to Bi-Annual Webinars on Credit Reporting education and Marketing workshops • Templated Application for Co- Branding and Individualised pricing purposes • Templated Co-Branded Flyer for electronic and printing purposes • Phone Access to Credit Repair Processing Assistant
Gold Pack @ $599 per month • 24 Guaranteed successful applications per year • Start Up Support and Training Pack • Our Service Guarantee • Access to Bi-Annual Webinars on Credit Reporting education and Marketing workshops • Templated Application for Co- Branding and Individualised pricing purposes • Templated Co-Branded Flyer for electronic and printing purposes • Phone Access to Credit Repair Processing Assistant
Platinum Pack @ $2,275 per month • 100 Guaranteed successful applications per year • Start Up Support and Training Pack • Our Service Guarantee • Access to Bi-Annual Webinars on Credit Reporting education and Marketing workshops • Templated Application for Co- Branding and Individualised pricing purposes • Templated Co-Branded Flyer for electronic and printing purposes • Phone Access to Credit Repair Processing Assistant
There are custom packs that can be made available to customers on request during the registration process. The exact entitlements for your selected pack will be made clear to you before you purchase your membership. • How do I become a member? To become a member, please visit creditfixsolutions.com.au or call our Member Services team on 1300 43 65 69 and select Option 1 for Sales. You must be 18 or older and have the power to enter into a contract with us and are not prevented from doing so under any local laws. By registering to become a member, you agree that you have given us accurate registration details, including payment information and will ensure that we always have up to date contact information. • How long is my membership? Your membership will start immediately upon payment. The terms that govern your minimum and continuing membership with us will vary depending on which membership pack you chose under the offer advertised. Your minimum membership term will be made known to you before you agree to purchase your membership and will be confirmed to you in your welcome email. • What does my membership cost? The cost of your membership will be made clear to you on our sign-up pages. You agree to pay the fees at the rates notified to you at the time you purchase one of our membership packs. If you later request us to change your membership pack, you agree to pay the new pack price set out in your change confirmation email. There are several more bespoke packs that can be made available to customers on request during the registration process. The cost of these other packs will vary and will be made known to you before you register. Payment can be made using all major credits or Pay Pal. Where relevant, currency conversion values may fluctuate, and conversion fees may be charged by your bank. By submitting payment details to us, you promise that you are entitled to purchase a membership pack using those payment details. We reserve the right to change your membership price and/or benefits with 30 days’ notice and affected members may terminate their membership within this notice period.
• How can I change my membership pack? It is possible to change your membership pack in certain circumstances. To find out if you are eligible, please contact our Member Services team on 1300 43 65 69.
• How can I cancel?
Please see Cancellation Terms. • What happens if I default on a payment? If you default on any payment, we may: • terminate your membership; • charge you for any outstanding amount remaining on the unexpired portion of your minimum membership term (subject to your membership and/or offer terms); • send your details to third party debt collectors; and/or • take any action which is necessary in our opinion to recover our losses. If your membership has been terminated and you would like to re-subscribe to one of our membership packs, we have the right to require payment in full of any outstanding amount owed to us. • How do I make a complaint?
If you would like to get in touch with us to make a complaint, please use one of the following options: • by email, please email us on email@example.com; • by telephone to 1300 43 65 69. Anything else I should know? We may change our membership pack entitlements at any time with 30 days’ notice and you may cancel your membership within this notice period. We may also at any time and at our sole discretion, terminate your membership with us where we believe that we have serious grounds to terminate (for example, for non-payment or breach of these terms). We may screen your name and address against credit reference and fraud prevention databases when we decide whether to accept your application for membership. By providing us with your details, you confirm that we may carry out these checks. If we do not accept your application for membership, we will terminate your membership and reimburse any payment that you have made. In addition to these standard membership terms, you will also be subject to any specific terms relating to the offer or pack that you have chosen, as made available to you before the purchase of your membership. If you are found to be abusing the terms of any of our offers, we have the right to suspend and/or terminate your membership and/or offer agreement with us. Our content IP is confidential and not to be re-used without express permission from Credit Fix Solutions. Our memberships are subject to Australian law and to the exclusive jurisdiction of the Australian courts. Your membership is with Chelsea Planning and Consulting t/as Credit Fix Solutions (whose registered office is at 14, 3 Parramatta Square, 153 Macquarie Street Parramatta NSW 2150).
CANCELLATION TERMS • How can I cancel my membership? You cancel your membership simply by calling our Member Services team 1300 43 65 69. Lines are open 8am – 5pm Monday – Friday (AEST). Or email firstname.lastname@example.org.
• What information do I need to cancel?
When cancelling your membership with us, please have the following information ready: • That you would like to cancel your membership with us and stating that this is a notice of cancellation; • Which membership pack you would like to cancel; • When you subscribed to our membership pack; and • Your name and address. • Can I get a refund if I cancel?
If you cancel within 2 business days of the start of your membership, we will refund any payments received from you using the same method of payment that you used to purchase your membership. You will not be entitled to a refund of your initial payment if you cancel after the first 2 days of the start of your membership and the full contract value will be due and payable immediately if you chose to cancel after 2 days.
• Anything else I should know? If you breach our no result no fee policy and charge any client an upfront fee for our services, you will be immediately barred from our Subscription Pack option, and any monies owed on the full contract will be due and payable immediately. You may use our templated material for office use and for use for educating your clients regarding our credit repair options. You may not however advertise any of our IP on your website, public platforms including social media accounts without first obtaining express permission from our CEO, Victoria Coster, e: email@example.com. If you breach any of our guidelines, rules and conditions, or pack Contract, we reserve the right to cancel your membership and claim all charges outstanding immediately. • All packs will incur the full 12-month contract value as a cancellation fee if the subscriber choses to cancel at any time during the 12 months. • If subscriber uses total of applications in a month, they must pay out the full existing contract and then can sign up to next level pack. • If an application is rejected upon submission, it will not be counted as an application towards their yearly submissions. • Subscription to any Pack is subject to approval by Credit Fix Solutions. Aggregator Packs, Lender Packs and Credit Repair Writer Packs are to be advised and the above Packs are only available as approved by Credit Fix Solutions.
Community standards There are three simple community standards that we expect members to follow when interacting with us and with your clients: • We respect all our users and expect you to respect each other. Please ensure communication with your clients are legal, tasteful and civil. Personal attacks, harassment, misleading information and inappropriate behavior will not be tolerated. • Choose your words carefully and do not use language that is threatening, defamatory or offensive to any individual or groups when it comes to offering our credit repair services. Understand that words which you deem acceptable may be offensive to others. • Maintain a respectful tone, especially when discussing credit report issues with your clients. We realize this can be hard and we recommend that you read through your welcome pack carefully and educate yourself on our services using any video and written tutorials provided and attend our webinars and any workshops that we run as part of your Subscription.
General Terms and Conditions for all Subscriptions
Subscriptions are non-cancellable and if you cease your Pack within the 12-month period, all charges will be due and payable immediately.
Credit Fix Solutions reserves the right to delete your membership if you fail to pay subscription fees when due. We will attempt to send an email to the address designated in your account prior to such deletion.
Chelsea Planning and Consulting t/as Credit Fix shall have any liability for any error, omission you may make to any client you refer to us for our credit repair services.
All marketing material and any other material provided to you for your Subscription remains property of Chelsea Planning and Consulting Pty Ltd, t/as Credit Fix Solutions.