BizDiary Terms and Conditions
For the purposes of these terms and conditions...
- BizDiary (version 2)
shall be referred to as the product.
- BizDiary Australia shall be referred to as
- The business entity, including sole traders, shall be referred to as
- The person representing the business for the purposes of trialing the
product, as specified in the sign up process, shall be referred to as
the client contact.
These Terms and Conditions constitute the agreement
between BizDiary Australia and the client (including the client contact).
Only one trial account is allowed per client
(business or individual).
By signing up for the BizDiary trial the client warrants that
they have a genuine interest in evaluating the product with a view to
purchasing should the product prove suitable. The client further agrees that
they will not attempt to reverse engineer, use maliciously, or otherwise
tamper with the product in any way.
Free SMS messages provided as part of the trial are to be
used only for the purposes of the trial, and only with the consent of
Additional SMS credits may be purchased for use during the
trial, at current prices. Purchases are processed via PayPal.
No refunds will be given on unused credits. If the client
decides to continue using the product on completion of the trial, then any
remaining purchased credits will be transfered to the paid account. If the
client does not take up a paid account prior to the end of the trial period,
then any remaining credits will be forfeit.
By subscribing to a paid account the client agrees to be bound to these
Terms and Conditions.
SMS messages provided as part of a paid account or
purchased separately must only be sent with the consent of
Contact with Client
For trial accounts, the client contact agrees that the provider may contact
him/her during the trial period, and for review purposes following the trial.
For paid accounts, the client contact agrees that the provider may contact
him/her whilst the account remains in use, and for review purposes in the event
of account cancellation.
The client agrees that the provider may contact them to provide information
on system upgrades, or promotional offers relating to their account.
In the event of a technical or security issue associated with the client's
account, whether alerted by the client, or detected as part of system
monitoring, the client agrees that provider may contact them to inform them of
the issue, to request further information and/or to update them on the
The provider agrees not to use the client or contact details for any purpose
other than those detailed within this agreement, or provide these details to
any other entity, without the client's prior consent (except where required to
do so by law).
Account Cancellation by Client
Under the standard terms of the BizDiary subscription, clients may cancel their
account at any time. Once an account has been cancelled, no further fees are
payable. Any prepaid amount or SMS credits will be forfeit.
The provider acknowledges its obligations under the Privacy Act 1988. Full
Client to protect Customer Privacy
The client must:
- Provide full protection of their customers' data, and meet all data
gathering requirements as stipulated in the Privacy Act 1988;
- Ensure that their customers are made aware of their rights as provided for
under the Privacy Act 1988;
- Report any instance of a breach of privacy immediately to the provider
in writing, including full details, where available, of the date and time of
the breach, names of individual or individuals responsible, and other pertinent
details relating to the breach of privacy;
- Ensure that all user accounts, having access to customer data, have
sufficiently secure passwords;
- Ensure that passwords are not written down or recorded in any way that may
allow unauthorised system access;
- Endure that user-name and password details are not shared with, or
disclosed to any other individual.
Support / Additional Charges
The provider agrees to provides support both via the internal support
form and via email. Higher level support is provided in the event of system
malfunction. If however, a client continues to request extensive support
relating to the normal functioning and use of the system, an additional
support charge may be incurred. The provider agrees to inform the client in
advance of any charges, and will only proceed under agreement with the
client. No additional charges will be made without the client's explicit
The provider takes all due care, but accepts no responsibility for loss
or damage that may be incurred by the client or the client contact as a result
of using the product. The client and client contact indemnify the provider
against any such losses.
Breach of Terms and Conditions
In the event that the provider believes the client may have breached these
Terms and Conditions, the provider will immediately attempt to contact the
client to investigate the issue. If the client is not immediately contactable
their account may be suspended pending investigation.
If a client is found to be in breach of these terms and conditions, their
account may be terminated without notice. In the event of account termination
no refunds will be given for current payments or unused SMS credits.
Acknowledgment of Terms
By activating the product, the client acknowledges having read and
understood, and agrees to, the terms and conditions of this Agreement.
Furthermore the client represents that they are of legal age to enter into this
Agreement and become bound by its terms.
Changes to Terms and Conditions
The provider retains the right to alter these Terms and Conditions from
time-to-time as may be required for regulatory purposes, or for other
business needs. Existing account-holders will be informed of such
changes via the provided contact email address.
Changes to Business Structure
In the unlikely event of a change to the structure of the provider's
business interests, the provider warrants that every effort will be made to
ensure that the client will continue to have full access to the system for
a minimum of 60 days following any announcement of a change in business
structure. Furthermore the provider warrants that should the business
interests be sold to a third party, that the new owner will continue to
provide without significant interruption the same services without changing
the fee structure for a period of 3 months following the acquisition.