Service shall mean any software or service provided by Smokeball, including but not limited to Smokeball software, any of the Smokeball websites, manuals, FAQs, Support articles and all related collateral materials, logos, user interface, taglines, and goodwill, all of which are exclusively the property of Smokeball and collectively referred to as the “Service.”
Smokeball System Requirements shall mean the Smokeball System Requirements published on www.smokeball.com.au which are subject to change without notice.
You are granted a non-exclusive, limited and non-transferable licence to use and access the Services subject to payment of the Subscription Fee (“SF”). You agree not to modify, reverse-engineer, reproduce, duplicate, copy, sell, resell, adapt, or exploit the Service without the express written permission from Smokeball. You agree not to use the Service for any unlawful, offensive, threatening, infringing, defamatory, pornographic, obscene, or other purpose violating anyone’s rights. You agree not to send, store, or upload any “spam” or any malicious code or virus of malicious or destructive nature.
You agree to provide us with a valid credit card for payment of the Subscription Fees (“SF”) and the On-boarding Pack Fee (“OPF”). By providing us your payment information, You expressly authorise us to charge you for all fees incurred in connection with your Subscription.
You shall pay the Subscription Fee on the Client Form and according to the billing frequency stated on the Client Form. The Subscription Fee is non-refundable. Subscription Fees may be increased at the then advertised Subscription Fee on the anniversary date of the execution of the Client Form.
The On-boarding Pack Fee (“OPF”) is a one-time non-refundable fee that includes personalised training, automation of fifteen (15) precedents, software installation, and setup of your letterhead.
You shall be responsible for any and all taxes or any charges imposed by government entities.
The term of your Subscription is twelve (12) months from the execution date of the Client Form. Your Subscription shall automatically renew for successive one-year terms unless we discontinue your service or you provide us with written notice of non-renewal at least 30 days prior to the expiration of the current term.
Smokeball may terminate your Subscription if you breach any of your obligations under these Terms and such breach is not cured within 30 days of receipt of notice from Smokeball. Upon termination of your subscription, you shall immediately cease all use of the Services. You agree that upon the termination of your subscription, we may immediately deactivate your Services and may delete your account and data after thirty (30) days. Smokeball shall grant you access to the Services for ten (10) business days for the sole purpose of permitting you to retrieve your data.
You may terminate your Subscription before the installation by giving written notice to Smokeball, paying Smokeball an early termination fee equal to fifty percent (50%) of your Subscription Fee for twelve (12) months as stated on the Client Form and any fees due to Smokeball for on-boarding, training, precedent automation and any other associated fees.
If you no longer wish to use Smokeball, you must provide written notice within your current Subscription term. Fees payable for the current subscription period are non-refundable and you will continue to have access to Smokeball until the end of the period. You must uninstall, delete, and erase any and all copies of the Services from all of your systems, extract any of your data within 30 days of the end of the term and take any and all steps necessary to ensure that neither you nor anyone through you continues to have or use any part of the Services, and if requested confirm in writing that this has been completed.
Each user of Smokeball requires a unique user ID and password. Any additional user must have his or her own unique user ID and password. You shall not share your ID with another person. You shall be responsible for the access, actions, use, and data uploaded to the Service. You shall be responsible for protecting the confidentiality of usernames and passwords to the Service, as well as maintaining the accuracy of the personal information provided to Smokeball. You shall be responsible for maintaining or implementing procedures and policies to prevent any unauthorised access or use of usernames and passwords and will notify Smokeball if a username or password has been lost, stolen, or compromised. You agree to immediately notify Smokeball of any unauthorised access or use.
You retain all ownership of all data You upload, import, or generate. This includes (but not limited to) documents, contacts, and other entries into Smokeball. You acknowledge and agree that Smokeball may need to access and view your data to assist with your questions, technical support requests, training or other issues. Smokeball will not access your data without your permission and will only access data which is reasonably necessary to address or complete your requests or issues. To the extent that you give Smokeball access to your data, Smokeball shall treat your data as confidential. Smokeball treats your data as confidential information and will not disclose any data or information to the extent allowed by law.
Smokeball reserves the right to provide your data to third parties if required or compelled by law (court order or subpoena) and to comply with law enforcement authorities in an investigation of a criminal or civil matter. Smokeball shall provide you notice of the legal process, to the extent allowed by law.
Usage Data shall mean data related to the use or operation of the Services, such as anonymous usage related data and technical data collected in connection with the use of the Services. It does not include any of your data. Smokeball reserves the right to collect, aggregate, monitor, and use Usage Data to improve the functionality, performance, and aid in further development of the Service.
You acknowledge that use of the service is at your own risk. smokeball provides the service as is without any express, implied or statutory warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. smokeball does not guarantee that the service will always function without disruptions, delays or imperfections. smokeball makes no warranty as to any results that may be obtained from the use of the service. Smokeball disclaims all warranties of any kind related to your hardware or software beyond the warranties provided by the manufacturer of your hardware or software.
Neither Smokeball nor you shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, loss of good will, loss of business opportunity, loss of data, work stoppage, computer failure or malfunction, or other pecuniary loss) whether under a theory of contract, warranty, tort, or otherwise, even if the other party has been notified of possible damages. In no event shall either party’s total aggregate and cumulative liability for any and all claims of any kind arising as a result of or related to the services provided, exceed the sum of the subscription fees actually paid by you for a one-year period immediately preceding the date the cause of action arose.
Neither you nor Smokeball shall be responsible for any interruption, delay, or other failure to perform under these Terms due to acts beyond the control of the responsible party or the occurrence of a Force Majeure. Force Majeure shall mean events not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including Acts of God, natural disasters (e.g. lightning, earthquakes, storms, floods) wars, riots, explosions, terrorism, vandalism, civil unrest, governmental acts, injunctions, failures of telecommunication providers or internet service providers; failure of third party suppliers, service providers, or vendors; and any other cause beyond the reasonable control of a party.
If any provision of these Terms is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law, and the remaining provisions shall remain in full force and effect.
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed under the Laws of New South Wales, Australia and the Jurisdiction of the Sydney courts.
You agree that we may provide you any and all notices, statements, and other communications to you through email, regular post, or by a recognised commercial carrier addressed to the address listed on the Agreement. You are responsible for providing Smokeball with any changes or updates to your contact information.
Smokeball reserves the right to update, change, or amend these Terms. Smokeball will notify the Client of any changes.
If your environment does not meet the minimum system requirements, it is likely to impact your Smokeball experience.
Please consult your IT professional.
Any further questions, please call us on 1300 33 55 53.