Thank you for choosing Simple Manager Pty Ltd. We are here to provide great services to you and your business that improve your life and are safe, reliable and constantly improving. Please read below our terms and conditions, they outline the use of our web site and any or all of our services and applications we offer. Simple Manager Pty Ltd expressly disclaims any and all liability and responsibility to any person in respect of anything, or the consequences of anything, done or omitted by any person in reliance, whether wholly or partially, upon the whole or any part of this document.
Copyright 2009 Simple Manager Pty Ltd. All rights reserved.
No part of this application/publication may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any language, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from Simple Manager Pty Ltd. All copyright, confidential information, patents, design rights and all other intellectual property rights of whatsoever nature contained herein are and shall remain the sole and exclusive property of Simple Manager Pty Ltd Pty Ltd. The information furnished herein is believed to be accurate and reliable. However, no responsibility is assumed by Simple Manager Pty Ltd for its use, or for any infringements of patents or other rights of third parties resulting from its use.
The Simple Manager Pty Ltd and Simple Manager Pty Ltd logo are trademarks or registered trademarks of Simple Manager Pty Ltd Pty Ltd. All other trademarks are the property of their respective owners.
All these documents are available here and Simple Manager Pty Ltd reserve the right to vary these agreements from time to time. In all our agreements the use of product (Including Simple Manager Pty Ltd, Simple Manager Pty Ltd.com) refer to the company Simple Manager Pty Ltd Pty Ltd providing those products and these terms may be used interchangeably. Simple Manager Pty Ltd Pty. Ltd. provides Internet Subscription services to users whose principal place of business is in Australia and the service is also generally made available to other countries but may have different functions in those countries. The following Terms and Conditions apply for the Simple Manager Pty Ltd Subscriber Services. Amendments to terms and conditions will occur regularly. Look for any amendments by going to the link at the bottom of the Simple Manager Pty Ltd website (www.Simple Manager Pty Ltd.com.au) . If there are changes to charges then they will be effective at least 14 days from posting to this same page. Use of the service after that date constitutes acceptance of the amended Terms and Conditions. These Terms and Conditions supersede prior agreements. These terms and conditions are governed by the laws of New South Wales, Australia, and all parties submit to the non-exclusive jurisdiction of the courts of this State.
“Access Authority” means the Subscriber and/or individuals who the Subscriber prescribes levels of access to your Simple Manager Pty Ltd Online Account and where the Subscriber has made available to those individuals the “Email Address/Sign-in ID”, “Password” and “Organisation” to allow them access for data entry, viewing data or obtaining reports.
“Online Services” means the Simple Manager Pty Ltd Online Services accessed via the Simple Manager Pty Ltd website, by Registration as a User and by signing on for use using Access Authority.
“Password” means a confidential alphanumeric which when used with other Access Authority information, gives access to Online Services
if you are the account owner, the person you nominate (if you choose to do so), from time to time, as part of the Registration process, to use the internet services available through the website
if you are not the account owner, but have been authorised to operate accounts under an Access Authority then you are the User
“We, us or our” means Simple Manager Pty Ltd Pty. Ltd or Simple Manager.
“You and your” means the Subscriber to Simple Manager Pty Ltd Online Services and includes a User when applicable
When used in relation to the Simple Manager Pty Ltd application/service, the terms “Member” and “Membership” are synonymous with “Subscriber” and “Subscription” throughout this website and in correspondence to Users of the Simple Manager Pty Ltd Online Services.
“Simple Manager Pty Ltd Logo’s” means any logo, brand, trademark, image or other material we provide containing the Simple Manager Pty Ltd and all other associated trademarks, trading names, URL’s be they registered or otherwise.
How to setup. You must provide all equipment necessary to make a connection to the World Wide Web and pay any service fees to providers for access. After gaining access to the World Wide Web, you must obtain access to and pay for the use of Simple Manager Pty Ltd Online Services. This is accomplished by registering as a Simple Manager Pty Ltd subscriber or by using any user id on the site provided by us or any third party.
Minimum agreement term
you the user agree to a 12 month plan specified on our pricing, paid in AUD currency. We will debit the specified/nominated bank or credit card account on a monthly basis (the amount will be subject to the plan you have chosen to a sign up). The amount in AUD currency will be debited of the specified contract date of every calendar month. You are required to ensure the nominated credit card or bank account has sufficient funds to allow the payment to be processed.
If funds are inadequate we will contact you the user directly via phone or email to arrange alternate method of payment within 24 hours of our request and you will have to restore the nominated direct debit account with adequate funds to continue your use of Simple Manager Pty Ltd and any third party services. If we have an ongoing problem between us and you in regards to withdrawing our monthly nominated fee, we may choose to suspend and/or terminate your Simple Manager Pty Ltd account subscription; this will still make you liable for any outstanding amounts of your contracted term.
any agreement entered between ‘us’ and ‘you’ is personal to you. You the ‘user’/director of the company cannot pass on or assign responsibility without notification and approval from us
Your Obligation to Pay Fees For Online Services and Consulting Services. You agree to pay all Online Services Subscription Fees Simple Manager Pty Ltd charges you for the Online Services when you Register. You also agree to pay all Consulting Service Fees for staff services if any are specifically requested by you and provided by our staff. If Simple Manager Pty Ltd are required to collect overdue fees from you, you agree to pay all reasonable costs (including legal fees), if any, incurred by Simple Manager Pty Ltd in collecting those overdue fees from you, and to pay a late charge on any overdue fees at our bank’s business cheque account overdraft rates. If a Member fails to pay their Membership fees for the Online Service within thirty days of the end of their Membership period, Simple Manager Pty Ltd reserves the right to restrict access, or “lock”, all files that belong to the unpaid Membership. When a Membership is locked, all users of the affected files will be unable to view, edit or add any data to the file. Full access will be restored upon receipt of all accumulated unpaid Membership fees.(all monthly payment subscribers must pay the remainder and or balance of the 12 month contract period)
How to Register to Use Your Simple Manager Pty Ltd Online Services. You may register by using the Simple Manager Pty Ltd website Registration Page or using the Registration document provided by Simple Manager Pty Ltd staff. The Registration asks you agree to provide correct information about yourself or company, to list the users who will have Access Authority and to maintain and update such information to keep it accurate and complete. You may designate a number of users to have Access Authority and you may provide and assign access and passwords to such users. Simple Manager Pty Ltd may suspend or terminate your account and refuse use of the Online Service if you provide any information (including a valid contact email address and phone number) that is false, misleading, inaccurate, not current or incomplete, or if Simple Manager Pty Ltd has reasonable grounds to believe that such information is false, misleading, inaccurate, not current or incomplete or any terms in this agreement are breached. Simple Manager Pty Ltd may suspend or terminate your account and refuse use of the Online Service if you are deemed to be abusive to staff or use language that is deemed to be abusive to staff, such deeming shall be at the sole discretion of Simple Manager Pty Ltd. You authorise Simple Manager Pty Ltd to use extracts from service related communication on our web site (typically on the testimonials page) and other material in text form and Simple Manager Pty Ltd may include your business name, market segment and a link to your website if you have provided one and this use is conditional on Simple Manager Pty Ltd excluding any material that may be deemed confidential, such deeming shall be at the sole discretion of Simple Manager Pty Ltd but will explicitly focus on service quality and customer experience in use of our products and exclude financial or other business transaction related information. If you cancel your plan within the 12 months of the contract, the minimum monthly spend per month for remaining months of contract is payable and you must pay all outstanding charges. Payment will be debited from the nominated credit card or other payment method used on initial sign up and registration. If any legal costs are incurred by Simple Manager Pty Ltd in the recovery process, they will be past on to the registered user or entity.
Simple Manager Pty Ltd delivery method; online - you sign up – fill details + billing – accept terms and conditions. The user will receive an email with instructions to begin within 24 hours. Using the online system you will then follow the instructions to implement full use.
Both Simple Manager Pty Ltd & the user rely on third party internet providers, connections, hosting and email handlers, therefore we will not be responsible for any delay in the activation use of the online management system. Once you are connected we will prove you complete access to Simple Manager Pty Ltd management system.
Simple Manager Pty Ltd online management system does not provide a refund with its products once you have signed up, registered and paid or will pay(monthly) for a 12 month subscription. Reason being that the subscriber/user has access to a free trial that allows the user to fully explore and use all the functionality, so ‘he or she’ can make an informed decision. (due to IP – intellectual property , the contracts and OHS documents are not shown , therefore cannot be used in the free trial).
Once you have signed up you have unlimited access to all our contracts and OHS documents. This gives you total unlimited use of all our documents that have substantial and quantified value of over $5000 (you the user only pays the monthly subscription)
OHS Management Plan and System : we will not provide a refund on this product. Reason being once you have paid you the user has received two(2) site visits and two(2) hard copy folders containing unlimited use of all the OHS Management system and our Intellectual Property.
(This gives you total unlimited use of all our documents that have substantial and quantified value of over $5000 (you the user only pays the monthly subscription).
A systematic process has been established by Simple Manager Pty Ltd pty ltd to deal with any special circumstances in regards to contract termination of all our products and services that we provide. All cases will be treated with confidentiality and on their own individual merits.
Please email email@example.com or call 1300 272 599 during business hours.
Information Confidentiality. As part of the Registration process you will select a password. You will be responsible for maintaining confidentiality of any password and other access information used by yourself and your authorized users who have Access Authority. You acknowledge that the Internet is an open system and Simple Manager Pty Ltd cannot and does not warrant or guarantee that third parties cannot intercept your information.
Communications Between You and Simple Manager Pty Ltd. Simple Manager Pty Ltd reserves the right to contact Subscribers by web page, email, fax, post, internet chat, phone text messaging (SMS) or telephone (or other means in the future as they are developed from time to time) to communicate important information regarding the use of the Service. Information related to other Simple Manager Pty Ltd or site content matters, not covered by an existing agreement for Services, will only be communicated if the Subscriber agrees to receive that information.
Your Non-Transferable License. Simple Manager Pty Ltd grants you a non-transferable, non-exclusive and terminable right licence to use the Subscription Services under these Terms and Conditions. Title and ownership of the Subscription Services remain with Simple Manager Pty Ltd. You agree not to copy (or allow a third party to copy), modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others. Title and ownership of accounting and wealth management data entered by the Subscriber, or those with Authorized Access to the Subscribers database, remains with the Subscriber. You are licenced for the number of users specified in the subscription plan to which you are a subscriber. In the event of an upgrade, the Licence hereby granted shall automatically transfer to the new version. All rights in respect of the original version shall lapse and no further use of same shall be permitted. The Licence in this agreement is effective until suspended or terminated by us or by ceasing subscription payments. Payment terms for your subscription are in advance of the next Subscription period. In the event you choose to end your subscription service but you would like to keep your data, you may export it using the export functions provided in the service or Simple Manager Pty Ltd can provide CSV file(s), or equivalent, at a reasonable cost of not less than $AU129 plus GST for all data entered. We reserve the right to charge for time and materials if your request is unusual and this is decided at our sole discretion. You agree to use your best endeavours to ensure the safeguard of your Password(s) for your organisation in order to ensure there is no unauthorised access to, copying of, or collection of information from you data file and you indemnify Simple Manager Pty Ltd for any and all losses you may incur as a result of failing to safeguard your Password.
How to Terminate Your Service. You may terminate the Online Service by giving us written notice via email and/or letter. Monthly payment Subscribers must provide 1 month’s notice. Subscribers who pay a one year Subscription in advance may not terminate part way through the year, those Subscribers terminate the service by not renewing for a following year. Simple Manager Pty Ltd General Practices Regarding Use of the Service. Simple Manager Pty Ltd may establish general practices and limitations that apply to the use of the Service. You acknowledge that Simple Manager Pty Ltd reserves the right to change these general practices and limits at any time, at its discretion. You also acknowledge that Simple Manager Pty Ltd reserves the right to disable accounts that are inactive for an extended period of time; and that Simple Manager Pty Ltd may log off (also referred to as sign off or sign out) users who have been inactive for a reasonable period of time or for the purposes of conducting reasonable system maintenance and repairs. You also acknowledge that Simple Manager Pty Ltd reserves the right to disable or change features of the service if those features are infrequently used by Simple Manager Pty Ltd customers or if at the sole discretion of Simple Manager Pty Ltd those changes are deemed necessary.
Simple Manager Pty. Ltd has provided or is to provide a service/product(s) & credit facilities to the Company at the request of the Directors named and signed up.
The Directors jointly and severally guarantee to the Simple Manager Pty. Ltd & its owners/shareholders the due performance by the Company to Simple Manager Pty.Ltd of whatsoever nature and howsoever arising.
The guarantee should be a continuing guarantee for the purport of securing the performance of the whole obligations of the Company.
The Directors may only be released from this guarantee in the following events:
a) By agreement of the Simple Manager Pty Ltd. or,
b) By giving notice in writing to the supplier by certified mail of the renunciations of this guarantee which renunciation shall be effective of all facilities loan and accommodations provided to the company by the supplier on or after the date of the receipt by the supplier of such intimation, and not otherwise.
The Directors covenant with Simple Manager Pty Ltd to indemnify Simple Manager Pty. Ltd & all owners & shareholders in respect of all and any loss caused by the failure of the company to adhere to the obligations of the company to Simple Manage Pty. Ltd..
In the event of default of the part of the company Simple Manager Pty. Ltd shall be entitled any time thereafter to take action against any of the Directors to recover the whole or any part of monies outstanding to Simple Manager Pty. Ltd by the company irrespective of the taking or otherwise of any action against the company.
Website Disclaimer. You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site (and pages) and publications may contain technical inaccuracies or errors. Simple Manager Pty Ltd bears no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents. Simple Manager Pty Ltd will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and these product offerings may not be relevant to, or available in, your country.
Links to Other Websites and Simple Manager Pty Ltd. Website General Information. The website contains links to other third-party sites which are not under the control or responsibility of Simple Manager Pty Ltd. Simple Manager Pty Ltd is not responsible for the content on any linked web sites. If you access a third-party site from this website, then you do so at your own risk. Simple Manager Pty Ltd is only providing these links for a convenience to users. The inclusion of any link does not imply that Simple Manager Pty Ltd is endorsing or is accepting any responsibility for the content on those third-party sites. The Simple Manager Pty Ltd website will contain information as a guide only and is not legal, taxation, financial or investment advice and is not suitable to be relied on by you as such advice. You should obtain professional legal, financial and investment advice.
Liability Use of Simple Manager Pty Ltd Online Services shall be at the Subscriber’s own risk. Simple Manager Pty Ltd is not responsible for any adverse consequences arising out of the use of the Services. You agree to indemnify, defend, and hold harmless Simple Manager Pty Ltd from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by Simple Manager Pty Ltd as a result of any claim arising from your violation of the Terms and Conditions, State or Commonwealth law or regulations, or any third party’s rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights. These obligations survive termination of the Service. Simple Manager Pty Ltd will not accept liability for failures in providing Services which are outside normal usage or which occur due to force majeure, matters outside Simple Manager Pty Ltd’s control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
Disclaimer of Warranties The Simple Manager Pty Ltd Online Services (including all content, software, functions, and operational hosting services) are provided “as is”, without warranty of any kind. Simple Manager Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorised access.
IP and Confidentiality
Simple Manager Pty Ltd Proprietary and Confidential Information You acknowledge and agree that the Simple Manager Pty Ltd Online Services contain proprietary and confidential information that is protected by intellectual property and other laws. You agree not to loan, modify, lease, sell, distribute or create derivative works based on the Service. If you are a financial service provider (i.e. accountant, bookkeeper, financial adviser) you may procure and maintain the Service for your client by establishing and maintaining a separate account for them, or your client may establish an account with Simple Manager Pty Ltd and set you up with Access Authority. You agree not to use or display any Simple Manager Pty Ltd trademarks, logos, product and services names or other Simple Manager Pty Ltd material of any form (including any derivations) without our written approval. If you do so we have the right to terminate this agreement or halt supply of the service or both at our discretion. Transferability You may not assign, sell, distribute, lease, rent, lend, sublicense, or transfer the Subscription Services or this licence (subject to the prior written consent of Simple Manager Pty Ltd). Simple Manager Pty Ltd claims no intellectual property rights over the material submitted, posted or displayed via the Subscription Service. However, it may be used in anonymous aggregated form (where it is aggregated in part or full with other subscribers) and that by you setting pages, posts, transactions and/or any other data (’Content’) to be shared publicly, you agree to allow others to view and share your Content. If you instruct us to mark any information on our service for deletion (or deactivation) you acknowledge you are instructing us and authorise us to delete it permanently at a time or date of our choosing. If you instruct us to delete information and wish to change or revoke that instruction you acknowledge that a) you must make that specific request in writing; and b) we do not guarantee the ability for us to restore that information as it has been permanently deleted; and c) we may charge you (and you are obliged to pay) professional services hourly rates (similar to any other tier one finance or technology professional services rates) for any investigation and also for any attempt at restoring any information; and d) we may provide you that information in a form of our choosing although we will normally restore it inside the application. You agree that our data management practices (including but not limited to marking data for deletion, permanent data deletion, restoration, backup, indexing, retrieval, archiving, importing, exporting or other data copying, moving or protecting services) may not be appropriate for you or your responsibilities and that our processes for data management may change at our sole discretion.
You agree that we may use materials, quotes from correspondence and from support conversations and any other interactions by you with our products and services including web click streams on our web site customer testimonials pages and web (and other) support knowledge base forums and related marketing material online and in other forms at our sole discretion. You agree this material we are permitted to use includes your Internet addresses (as email addresses and web addresses and any other forms including messaging) that you choose to supply us in any way as well as linking to those addresses such as your website from our website and reproducing carefully selected appropriate public material from your website including images, logos, brands and the like from your website on our customer testimonials website page and also in related places and materials both online and in other forms including directories that we publish at our sole discretion. You acknowledge you are not entitled to any payment for use of this material. We acknowledge that we will not claim any portion of revenue that you may derive from from online traffic (also known as web visitors) you may receive from this free advertising unless you are notified by us in writing in advance of such claim.
Service and Support
Support types Paid Support – encompassing product use support and technical support. Technical Support – only covers assistance where technical issues arise for the product such as defects. Simple Manager Pty Ltd provides comprehensive online help screens. Further product use support is available from Simple Manager Pty Ltd staff at Support Service rates or under a Support contract option. Limit of service for Paid Support Simple Manager Pty Ltd reserves the right to limit the time spent on email and telephone support calls to 10 minutes or less for a single support enquiry at their discretion. If Simple Manager Pty Ltd deems the Support Service is being used in an unethical, abusive or fraudulent manner then Simple Manager Pty Ltd may terminate the service. Support is only available while an online service is current and paid in full. Simple Manager Pty Ltd support does not provide any advice on legal or legal or other internet or computer issues. Assistance in how to use the Simple Manager Pty Ltd online service should not be understood to be accounting or taxation advice but rather as general educational information that may or may not meet your specific requirements. The Simple Manager Pty Ltd Support Service is for basic usability and functionality inquiries. Internet, network, hardware, software inquiries relating to third party providers cannot be resolved by Simple Manager Pty Ltd. Our Support Consultants will deem if the inquiry falls within the nature of the Simple Manager Pty Ltd Support Service. Support consultants availability and response times may be affected by call or email volumes, server maintenance and upgrades relating to new releases. You agree to provide the Service Team access to your information in order to resolve support issues. This will normally be granted by you in writing on a case by case basis either via email or via an invitation sent using the system or via other written means however Simple Manager Pty Ltd reserves the right to access without your specific approval if it is deemed necessary by Simple Manager Pty Ltd.
Third Party Policy
Third party services and products: we have contracts with third party providers (and or facilitate other products & services through our Online system ): of SMS, FAX, email and Real Mail services /products. Simple Manager Pty Ltd cannot offer a refund as we do not have any control of their business practices, servers/ hosting systems. We and you are also bound by their terms and conditions. (Available on request)
This document relates to your personal information, collected by Simple Manager Pty Ltd as part of the Subscriber sign up process and your use of Simple Manager Pty Ltd services, and held by Simple Manager Pty Ltd as part of our day-to-day business dealings with you. Some of the personal information that Simple Manager Pty Ltd holds may be the same information as that which you enter in your Simple Manager Pty Ltd accounting link/database, however our information is not collected only from that source. Only you and your nominated representatives (which explicitly includes Simple Manager Pty Ltd employees) have access to your financial portal under normal operational circumstances with the exception of summarised (anonymous) industry wide benchmarking information for use in our research department (which will not have enough detail to identify underlying individuals or individual businesses under any circumstances) and associated research subscribers. Simple Manager Pty Ltd (”we”, “our”) provides services and products in the BPM, CRM and information technology industries. Part of this service provision requires us to protect your privacy. From 21 December 2001 the Commonwealth Privacy Act contains new sections that we are bound by. They concern a number of principles in relation to the protection of your personal information and in how we must deal with our customers in relation to this information. Personal information held by Simple Manager Pty Ltd may include your name, current and previous addresses, telephone/mobile numbers, e-mail address, bank account and credit card details, details of your services and information we require to perform our services for you. Sensitive personal financial information entered into Simple Manager Pty Ltd’s online application and associated products, will not be used or disclosed by Simple Manager Pty Ltd except as authorised by you to perform our services for you and to provide summarised anonymous benchmarking data across all our clients. Access to this information by your professional advisors or other representatives can only be granted by you. Should you choose not to provide personal information we may not be able to provide you with the services you require or at a sufficient level that we regard as important for performing at best practice and as such we reserve the right to terminate the supply of this service to you.
Collect and Use of Personal Information
In conversations with you and your employees, in person or by e-mail, fax and telephone;
From third parties such as your employees, your accountant, related companies, credit reporting agencies or your representatives
From publicly available sources of information
When we are required to do so by law
From our own records of your usage of Simple Manager Pty Ltd services
Provide products and services to you
Collect payments and to administer your account
Provide you with updated or new information about our products or services
Conduct creditworthiness checks and/or fraud checks
For development of existing and new products and services
Maintain and update our business infrastructure and systems
Actively promote our other products and services to you. If you do not wish to receive such communications please advise us.
For research into our client base and for related purposes by our research team including as aggregated (anonymous) benchmarking data.
Disclosure of your Personal Information
In providing our products and services, or collecting and using your personal information, we will always keep your data private to the maximum extend commercially pratically possible. In the normal course of business and in order to provide your service we may be required to disclose some of your personal information to organisations outside Simple Manager Pty Ltd. Such organisations may include:
Our outsourced service providers which are always carefully selected by us
Credit- and/or fraud-reporting agencies if you use the service for making financial transaction instructions
Organisations providing you with credit or financing
Our legal, accounting, financial or other professional advisors and bankers
Regulatory, government and other authorities as required by law
Other organisations involved in managing our trade receivables, business, financial affairs
Other organisations subscribing to our client base research data which will be aggregated and anonymous
Access, accuracy and Security of Information
We take reasonable precautions to make sure that the personal information we hold is accurate and up-to-date. We appreciate notification of errors, omissions or changes in your personal information. This is especially important for information required for us to communicate with you, such as a change in name, email, phone or address. Simple Manager Pty Ltd takes reasonable steps that your personal information is protected from misuse, loss, unauthorised access, modification or disclosure. Some notable measures to ensure the security of your personal information include: Secure Socket Layer (SSL) connection encryption; and regular backups of the database. The security of this information is also dependent on your own measures to protect your Simple Manager Pty Ltd usernames, email addresses and passwords from disclosure and unauthorised use. You have the right to access any of your personal information that we hold, with some exceptions as allowed by law. To obtain a copy of this information, write to us requesting the information and we will provide it to you. Simple Manager Pty Ltd reserves the right to charge a reasonable fee for the provision of this information.
By continuing to use our products or services or website you consent to Simple Manager Pty Ltd maintaining, using and disclosing your personal information as described in this document for a period of no less than five years from the date of your last use of the system (or the date of the last use of the system by any user under your subscription which ever is the latest).
Our commitment ensures that Simple Manager Pty Ltd delivers you consistent value and service as a paying subscriber. Share the upside with you wherever reasonably possible as the cost of our business inputs change up and down over time. Increase limits (you get more for your subscription) or reduce prices (you pay less) or provide more bundled features (your get more functionality or tools) if our business inputs get cheaper. If a resource we use to provide you with this service (for example computer hard disk space and the cost of backing it up) gets less expensive over time then we will try to automatically share that price reduction with you by reducing your next subscription cost or by increasing the amount of resources you are allowed to use at the existing price. Keep you informed of alternative subscription plans so you can meet your needs better for example to downgrade or upgrade based number of staff requiring access to financial records. Limit the resources (such as disk space or other resources) you are allowed to use to a reasonable amount for the subscription level you are paying for.
Set the limit based on reasonable averages for other users like you.
Allow you to add users as long as the number of users added doesn’t exceed a reasonable level of users when compared to the average number of active users we see per Business File across all our subscribers. Currently we provide for 3 users per Business File before requesting you purchase additional Business File licences. Set limits for the common good in order to prevent one user inadvertently using excessive resources that should be shared with other users.
Reserve the right to terminate service to you if you exceed your limits or abuse the service or our staff or communication channels in any way. Tell you well in advance (normally) if you breach any limits and we will give you the option of reducing your usage back below the limit or upgrading to a more appropriate plan. Be flexible and try to give you the benefit of the doubt so we will normally not prevent you doing business if you breach limits briefly and return to within limits in a reasonable time. We reserve the right to vary prices or features for all customers (including free users) at any time but will always try to give you reasonable notice and try to improve your service overall rather than reduce it.
Anti-Spam & Reporting Policy
Simple Manager Pty Ltd has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender. You can only use Simple Manager Pty Ltd to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into Simple Manager Pty Ltd.
We prohibit the use of third-party, purchased, rented, or harvested mailing lists. Simple Manager Pty Ltd will terminate accounts violating the foregoing. You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses. You agree that you shall not utilize the Survey Tool to send any commercial electronic mail messages (as defined in the Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. The CAN-SPAM Act outlines requirements for sending out commercial emails. These rules govern the Internet by United States law. A brief description of the CAN-SPAM Act follows: Bans false or misleading header information. Requires valid "reply" and "from" addresses. These must be accurate and identify the person who initiated the email. Prohibits deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message. Requires the email to provide recipients with a valid opt-out method. You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honour the requests. You may create a "menu" of choices to allow a recipient to opt out of certain types of messages, but you must include the option to end any commercial messages from the sender. Any opt-out mechanism you offer must be able to process opt-out requests for at least thirty days after you send your commercial email. When you receive an opt-out request, the law gives you ten business days to stop sending email to the requestor's email address. You cannot help another entity send email to that address, or have another entity send email on your behalf to that address. Finally, it's illegal for you to sell or transfer the email addresses of people who choose not to receive your email, even in the form of a mailing list, unless you transfer the addresses so another entity can comply with the law. Include physical mailing address. You message must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address. If you suspect that Simple Manager Pty Ltd.com has been used to send spam, please contact us immediately at abuse@Simple Manager Pty Ltd.com.au and we will investigate accordingly.
Indemnity and Limited Liability
You and your business agree to defend, indemnify and hold Simple Manager Pty Ltd harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of this agreement or any third-party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. this obligation shall survive any termination of this agreement. our liability will not exceed the commission amount due to you. Simple Manager Pty Ltd shall not be liable to you or any third party for special, consequential, incidental, indirect, tort or cover damages, including, without limitation, damages resulting from the use or inability to use the services, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not Simple Manager Pty Ltd has been advised or is aware of the possibility of such damages. Simple Manager Pty Ltd liability for all claims of any kind arising out of or relating to this agreement shall be limited solely to money damages and shall not exceed the amount of commissions due you. Simple Manager Pty Ltd will not accept liability for failures in providing its Services which are outside normal usage or which occur due to force majeure, matters outside Simple Manager Pty Ltd’ control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience. You or Simple Manager Pty Ltd may terminate this agreement at any time. This Agreement will be construed and enforced in accordance with the laws of the State of New South Wales without regard to its conflict of laws principles. Venue for any dispute under this Agreement will be Sydney, Australia. Simple Manager Pty Ltd shall not be liable for, and is excused from, any failure to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of Simple Manager Pty Ltd’ suppliers or subcontractors, acts of nature, governmental actions, fire, flood, natural disaster, or labour disputes. Simple Manager Pty Ltd reserves the right to change the Terms and Conditions of this Agreement at any time by posting the modified version on the portion of its web site. You may not assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part, without the express written consent of Simple Manager Pty Ltd. Any notice made by Simple Manager Pty Ltd to you shall be deemed properly given and effective: (i) when reduced to writing and sent to the e-mail address specified in your Program registration, OR (ii) fourteen (14) days after being posted to the portion of Simple Manager Pty Ltd’s websites that relates to the Program. Any notice made by you to Simple Manager Pty Ltd shall be deemed properly given and effective when reduced to writing and delivered to the customer support e-mail address specified in the program documentation on Simple Manager Pty Ltd’s websites. You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the use of our application/program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Disclaimer/ Duty of Care ( including OHS and Contracts)
The information in the online management system including work flow processes, templates, documents & forms provided in Simple Manager are intended to be general in nature and should only be used as a guide. We have interpreted, extracted, & referenced various information provided in the OH&S Act 2001 & various codes of Practice to develop our Simple Manager documentation, templates & forms. All persons/businesses that use our Simple Manager documents, templates, forms, policies have a professional & moral/legal duty to take into consideration the conditions, environment and circumstances that are required for all site specific & customer/client requirements. All documentation, templates & forms supplied by Simple Manager should be reviewed regularly by you & your business/company to ensure that they reflect the changes/updates to the AS Standards, Regulations, OHS Legislations, & codes of practice. Simple Manager is not responsible for any adverse consequences arising out of the use or misuse of our services & documents templates, forms, policies & procedures.
The codes of practice (referred to in Simple Manager) will assist in employers into deciding on appropriate requirements for the safety, health & welfare of their employees. They are extracts that provide a guide to practical advice on implementing the requirements of the Occupational health and safety regulation 2001.You or your business should seek independent legal advice if you need assistance on the application of the law to your situation
Simple Manager documents, templates, forms, policies may contain Occupational Health and Safety information. It may include some of your obligations. They have been extracted from OH&S Act 2000, regulation 2001, various codes of practice, and various legislations that the government and Work Cover NSW administer. To ensure that you comply with your legal obligations you must refer to the appropriate legislation.
The above extracts from the various publications do not represent a comprehensive statement of the law as it applies to particular problems or to individuals or a substitute for legal advice, you & your business should seek independent legal advice if you need assistance on the application of the law to your situation