Software Terms

1. About these terms

These terms apply to the use of software provided by Process Link Pty Ltd (ABN 37 658 911 043) (“we”, “us”, “our”): Portal, Shift Link, Process Mail, Files, Help Desk and Dossier, and products we provide as pilots, such as Scribe (together, the “Software”). “You” means the organisation that uses the Software, and includes its users.

If you have a signed agreement or an accepted quote with us, and it conflicts with these terms, that agreement or quote applies. These terms don't cover Connect SIM cards, which are ordered separately.

2. Accounts and users

• Your organisation decides who has access and at what level.
• Keep sign-in details secure and don't share accounts.
• You are responsible for what your users do in the Software.
• Tell us promptly if you suspect unauthorised access.

3. Acceptable use

You must not:

• use the Software for anything unlawful;
• upload malicious code, or try to access other customers' data or probe, test or attack our systems;
• resell or provide the Software to others without our written agreement;
• send alerts, reports or other messages to people who have not agreed to receive them.

4. Your data

You own the data you put into the Software. You give us permission to host, process, back up and display it as needed to provide and support the Software.

You are responsible for having the right to use that data, including any personal information in it, such as alert recipients' phone numbers and the details of site visitors. We handle personal information as set out in our Privacy Policy. Data in the Software is stored in Australia.

5. Our software

We own the Software and all intellectual property in it. While your subscription is active, you have a non-exclusive, non-transferable right to use it for your own business. If you send us feedback or suggestions, we may use them to improve the Software.

6. Pilots and early access

Products or features we describe as a pilot, trial or early access, such as Scribe, are provided for evaluation. They may change, may not meet our usual availability, and may be withdrawn. We will give you reasonable notice before withdrawing one you are using.

7. Not a safety system

The Software is not a control system or a safety system. Alerts, reports and data depend on site networks and third-party services, and may be delayed or not delivered. Don't rely on the Software as the only way of protecting people, equipment or product.

8. Availability and support

We aim to keep the Software available, but we don't guarantee uninterrupted access. We will try to give notice of planned maintenance. Support is available through Help Desk, email and phone. Service levels apply only where agreed in writing.

9. Security

We use reasonable technical and organisational measures to protect your data, including access controls and encryption in transit. If a security incident affects your data, we will tell you as required by law.

10. Fees

Fees are as set out in your quote or order. Invoices are payable within the time stated on the invoice. If an invoice is overdue, we may suspend access after giving you written notice. We will give at least 30 days' notice of any price change.

11. Confidentiality

Each of us will keep the other's confidential information confidential, and use it only for the purposes of these terms, unless the law requires otherwise.

12. Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for failing to comply with a consumer guarantee can be limited, it is limited to supplying the services again, or paying the cost of having them supplied again.

Subject to that, and to the extent permitted by law, neither of us is liable to the other for indirect or consequential loss, including loss of profit, production or data. Each party's total liability under these terms is limited to the fees paid or payable for the Software in the 12 months before the claim. This limit does not apply to your obligation to pay fees.

13. Suspension and ending

• Either of us can end your use of the Software with 30 days' written notice, unless a minimum term was agreed in your quote or agreement.
• Either of us can end it straight away if the other seriously breaches these terms and does not fix the breach within 14 days of written notice.
• We may suspend access immediately if it is needed to protect the Software, other customers or your data, and will tell you why.
• If you ask within 30 days of your use ending, we will export your data for you. After that we delete it, unless the law requires us to keep it.

14. Changes to these terms

We may update these terms. We will give you at least 30 days' notice of any change that materially affects you. If you don't agree to the change, you can end your use of the Software before it takes effect.

15. General

These terms are governed by the laws of Victoria, Australia, and each of us submits to the non-exclusive jurisdiction of its courts. If any part of these terms is unenforceable, the rest still applies.

16. Contact us

Process Link Pty Ltd
Email: info@processlink.com.au
Phone: 1300 311 821

See also our Website Terms of Use.