Terms of service

PRELIMINARY

1. Application Purpose

The Application’s purpose is to facilitate accounting for the financial aspects of the administration of deceased persons’ estates. It facilitates the recording and reporting of the estate assets and liabilities, the financial transactions incurred during the administration, and the resulting entitlements of the beneficiaries of that estate.  

The Application does not provide a how-to guide for estate administration and is not a substitute for legal advice.  

The accuracy of reports generated by the Application is governed by the accuracy of the data that is entered.  Users with editor permissions must have an understanding of double-entry bookkeeping principles, and of the entitlements of the beneficiaries of the estate.  

2. Application of Terms

1. You agree that these Terms apply to your use of the Application.

2. Where you have authority on behalf of the Customer, you agree to these terms on behalf of the Customer.

3. These Terms supercede the content of any prior communications between Us and You or the Customer.

3. Dictionary

1. The Dictionary defines some of the important words used in these Terms.

2. Words defined in the Dictionary have the assigned meaning wherever they are used in these Terms.

SUBSCRIPTIONS

4. Application Requires a Subscription  

1. All access to Customer Data is subject to the Customer having a valid and current subscription authorising that access.

2. Individual User access to Customer Data is subject to the Customer having assigned access to that user’s User Account.

3. Individual User edit capability for Customer Data is subject to the Customer having assigned edit access to that user’s User Account.

5. Subscriptions, Fees and Charges

1. We charge Fees for access to various capabilities of the Application.  

2. We may publish (including via our website) a list of the capabilities, and the term and prices for which those capabilities may be accessed.   Each of those bundles of options is a Subscription.  

3. The provisions of a Subscription apply in addition to these Terms, and, in the event of any inconsistency, prevail over these terms.

4. Subscriptions must be paid for in advance for their term.  

5. Subscriptions may be renewed by paying the then applicable fee for the renewal. The subscription terms applicable to a renewed term are those applicable at the time of the renewal.  

6. The Customer must provide valid payment instructions (such as a credit card) for any purchases.

7. The Customer may cancel its payment instructions and/or auto-renewals at any time.  This cancellation will prevent any future renewals.  The rights attached to existing subscriptions will end at the expiry of their current term.

8. Any subscription will automatically cease, and the rights associated with it will automatically be revoked:

1. Upon the expiration of the period for which the subscription has been paid; or

2. If the payment for it is declined or revoked.

9. We may change the price and inclusions of our offerings at any time. Changes to a subscription apply only to new subscriptions after the change (including a renewal) and do not affect the entitlements for any subscriptions for which payment has been made.    

APPLICATION & USE

6. Application Availability

1. The Application is accessible solely by web-browser. The User must have a computer with an up-to-date modern web-browser to access and operate the Application.  

2. We will take reasonable care to ensure that the Application remains accessible during business hours to Users with a valid subscription and a working internet connection and modern web-browser software.

3. We may take the Application offline for reasonable periods in order to conduct maintenance and upgrades.  

4. The Application depends on services provided by Our cloud infrastructure providers and We will be unable to make the Application available during the period of any outage of supply to Us by Our infrastructure suppliers.  You and the Customer agree that Our obligation to make the Application accessible is suspended during any period during which Our cloud infrastructure providers are unable to provide the services on which the Application depends.

7. Security

1. We must take reasonable care to ensure that Customer Data is not accessible to anyone other than:

1. The Customer and the Customer’s Users,

2. Us and Our Authorised Personnel.

2. The Customer and You are responsible to ensure that:

1. User Accounts are only authorised for access to Customer Data for persons who are legitimately entitled to access that Customer Data,

2. User Account access to Customer Data is removed when the User is no longer authorised to access Customer Data,  

3. The Customer’s Users do not disclose Customer Data in a manner that the Customer does not authorise or is in breach of the law.

8. General Prohibitions:  You and the Customer must not:

1. use the Application in a way that contravenes any Applicable Law or violates a third party’s legal rights,

2. interfere with the operation of the Application,

3. reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes used by the Application,

4. copy, reproduce, alter, or modify the Application, or create derivative works of it,

5. upload any material into the Application that contains Personal Information of any individual without that individual’s express or implied consent, or infringes the Intellectual Property Rights of any third party;

6. directly or indirectly introduce, or permit the introduction into the Application of, any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of Application;

7. use Application to send “spam” or otherwise make available any offering which violates these Terms;

8. remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into the Application; or

9. act in a manner that is verbally or physically abusive, threatening or amounts to bullying or harassment of any of our Authorised Personnel.

GENERAL

9. User Permissions and Actions

1. All actions within the Application are carried out by Users.

2. Admin Users have full permissions to the Customer Account. The Customer must always have at least one Admin User.

3. Admin Users can:

1. Purchase, renew and cancel subscriptions,

2. Provide and update payment information for the Customer Account,

3. Add and remove User Accounts from the Customer’s Account,

4. Assign and reassign permissions to the User Accounts.

4. Other Users have the permissions assigned to them by an Admin User.  

5. You are responsible for your actions while using the Application.

6. The Customer is responsible for the actions of Users authorised by the Customer to access its Customer Account.

10. Authority

1. The Customer is the account holder and is responsible for the payment of any Fees and for compliance with these terms by the Customer and by all Users authorised by the Customer.  

2. On initial setup, the Customer is allocated a Customer Account, and an initial Admin User for that Customer Account.  

3. If the Customer is an individual, the Customer is the initial Admin User.

4. The Customer must always have at least one Admin User.

5. The initial Admin User and the Customer warrant to Us that the initial Admin User, and each additional Admin User appointed to the Customer Account, have full authority to bind the Customer and to acquire Subscriptions and to agree to these Terms on the Customer’s behalf.      

6. The actions of an Admin User shall have the same effect as if undertaken by the Customer personally.

11. Customer-Specific Terms

1. The Customer may communicate to its Users additional terms, not inconsistent with these Terms, that its Users must abide as a condition of the Customer allowing the User access to the Customer’s Data.  

2. You must:  

1. use the Application strictly in accordance with these Terms,  

2. Not do anything which would cause the Customer or another User to fail to comply with their obligations under these Terms, and

3. use the Customer Data strictly in accordance with these Terms and any additional terms made known to you by the Customer (subject to the primacy of these Terms).

12. Communications

1. Application: We may communicate with You, including via email, to notify you of matters associated with the application, including:

1. Initial registration communications

2. Expiration of subscriptions

3. Expiration of payment details

4. Pending renewals of subscriptions

5. Security related communications such as Adding/removing users and/or changing a user’s account permissions.

2. Marketing:  

1. We may send You marketing communications, including via email, to notify you of our products and services we think may be of use or interest to you.  

2. You may opt out of marketing communications at any time.

13. Data Handling and Privacy

1. We will handle Customer Data in accordance with our Privacy Policy.

2. Data storage (including Customer Data) and compute resources (including Customer Data processing) used in the Application are acquired by us from our cloud service providers.  

3. The data storage and compute resources are provided in data centres operated by our cloud services providers.  These data centres may be anywhere in the world.

4. We, and our Authorised personnel may access Customer Data at any time. We will not disclose that data to any person other than the Customer and the Customer’s Users, our Authorised Personnel, or any person with lawful authority to require us to disclose that data.

5. Our Authorised Personnel may be anywhere in the world.

14. Consumer Guarantees

1. You have basic rights, 'Consumer Guarantees', that apply automatically and cannot be excluded. We will comply with our obligations to you under the consumer guarantees that apply.

2. The purpose for which the Application is supplied is stated in these Terms. We make no warranty that the Application is suitable for any purpose other than the purpose stated in these Terms.

15. Changes to These Terms

1. We may update our Terms by posting an updated version on our website.

2. After posting, the updated terms will apply to:  

1. Existing subscriptions – only after the Customer consents to the change;

2. New subscriptions (including renewals) - upon subscribing or renewing.

3. Users – on their next use of the Application

16. Jurisdiction

1. This agreement is made in the State of Queensland, Australia and the parties agree to submit to the laws and jurisdiction of that State.

17. Interpretation:  

1. headings are for convenience only and do not affect interpretation,

2. a reference to a party includes the party’s executors, administrators, successors and permitted assigns and substitutes,

3. the meaning of general words is not limited by specific examples,

4. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it,

5. if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed, or the event must occur, on or by the next Business Day,

6. References to ‘person’ includes any form of legal personality, including a corporation,

7. If the Customer is a partnership then each of the partners is jointly and severally a Customer.

DICTIONARY

18. Definitions

1. Account means an identifier within the Application by which data is associated with a Customer or User.

2. Admin User for a Customer means a User Account linked to the Customer which has been assigned administrative rights by that Customer. An Admin User generally has permissions on behalf of the Customer to add other users and to promote and demote the permissions of other users.

3. Applicable Law means all laws, rules and regulations in force from time to time in Australia.

4. Application means the Attestates Estate Accounting software product available via web‑browser at ui.ea.attestates.com.

5. Business Day means a day on which banks are open for general banking business in Brisbane, Australia, excluding Saturdays, Sundays and public holidays.

6. Customer means the person who has subscribed to the Application.

7. Customer Data means Data entered or uploaded by a Customer’s Users to a Customer Account.

8. Data means data, information (including Personal Information), text, graphics, images or works of authorship of any kind.

9. Fee means the amount payable to us for a particular Subscription, as notified at the point of purchase.

10. Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know how and moral rights.

11. Our Authorised Personnel means our employees and contractors we engage to administer the Application, and the employees and contractors engaged by our cloud service providers for services used by the Application.

12. Our Privacy Policy means the terms published on our website at https://www.attestates.com/legal-information/privacy-policy

13. Personal Information means that term as defined in the Privacy Act 1988 (Cth). This includes information about an identifiable individual.

14. Subscribe means to agree to acquire one or more Subscriptions from Us on behalf of a Customer pursuant to these Terms.

15. Subscription means a bundle of rights associated with the Application as identified by Us at the point of sale.

16. User means a person accessing the Application.

17. User Data means Data entered or uploaded by a User which is not Customer Data.

18. We, Us, Our means Attestates Pty Ltd ABN 51 682 780 687, of 12/2 Executive Drive, Burleigh Heads, Queensland, Australia, trading as Attestates, and, where the context permits, includes our Authorised Personnel.

19. You means the person accessing the Application.

‍