Terms of Service

By using the fileplan services (the "Services"), you agree to be bound by this Terms of Service (“TOS”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Radix Software Pty Ltd ("Radix Software") and you. You warrant that you have the authority to bind your employer or the legal entity that you are representing if you are agreeing to the TOS on behalf of your employer or the legal entity.

Radix Software may, in its sole discretion modify or revise the TOS at any time, and you agree to be bound by such modifications or revisions.  You will be notified of such modifications or revisions by email to the primary address for your account. Unless explicitly stated otherwise, any new features that improve or enhance the current Services shall be subject to the TOS. Your continuing use of the Services after any such changes, whether you are aware of the changes or not, shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.fileplan.com

If you do not agree to comply with and be bound by this TOS or do not have authority to bind your employer or other legal entity, please do not accept this TOS or access or use the Services. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

Description of Service

fileplan is a web-based document filing and management application from Radix Software (the "Services"). Your use of the Services is at your sole risk. The Services are provided on an AS IS and AS AVAILABLE basis.

Eligibility and Access to Service

You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your Services password and account, and are responsible for all activities that occur thereunder. Upon your successful registration, you may use the Services on a non-exclusive, non-transferable basis in strict compliance with this TOS. You acknowledge that access to the Services may be restricted for scheduled maintenance or for other purposes and Radix Software will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period to any or all users. Scheduled maintenance requiring an expected service outage of 10 minutes or more will generally occur between 7pm and 7am Brisbane, Queensland time.  You will be notified in advance of such scheduled maintenance outages by email to the primary address for your account.

Acceptable Use

You agree that you will use the Services in compliance with our Acceptable Use Policy, all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence. Breach of ourAcceptable Use Policy or violation of any of the foregoing laws and regulations may result in immediate suspension of the Services. You will be notified within a reasonable period of time in the event of a suspension of Services due to your breach or violation and if such breach or violation is not ceased within thirty (30) days of notice of suspension, this Agreement may be terminated.

Your Data

Ownership of data you upload and transfer into and out of the Services stays with you.   You are solely responsible for all your data and warrant that your uploading or transferring of data does not breach any law or this TOS and you have all the rights pertaining to the data so uploaded or transferred. You are solely responsible for managing and setting the level of access your users have on use of the Services including user’s ability to delete data uploaded for the Services. You are solely responsible for maintaining appropriate security settings, protection and backup copies of your data. 

Radix Software has implemented industry standard technical and organisational measures designed to protect your data and prevent unauthorised access to, use and processing of your data.

Radix Software will not handle, review, share, distribute, or reference any of your data except as provided herein solely to the extent necessary to provide the Services or as may be required by law. In the event of a request or demand of your data by any law enforcement agency, Radix Software will in the first instance forward such request or demand to you directly and provide your basic contact information to the agency.  Radix Software will use commercially reasonable efforts to notify you in advance of any disclosure that Radix Software is compelled to make unless such notice is legally prohibited.

Unless you otherwise elect when you first establish the Services, your data will be held entirely in Australia.

Privacy

The Services allow you to file, manage and share your electronic documents. You are solely responsible in ensuring the login details and passwords created for your access to the Services are secure to maintain the security and privacy of your data. When you provide us with your personal information for us to set up an account for use of the Services, Radix Software follow generally accepted industry standards to protect the personal information you provided, both during transmission and once received.  Radix Software will only collect and use personal information in accordance with our Privacy Policy

Payment Terms

The free trial offer entitles new, registered users to a one-time free trial usage of the Services. Monthly Terms: A valid credit card is required for you to continue using the Services after the 30-day free trial period on a month-to-month basis. You will be billed in advance on a monthly basis. Annual Terms: A valid credit card is required for you to continue using the Services after the 30-day trial period for a 12 month period. You will be billed in advance on a yearly basis.

There will be no refunds or credits for partial months of Services, upgrade/downgrade accounts, or for months unused with a paid account.

If your credit card payment fails for any reason, attempts will be made to notify you to arrange payment by emailing the primary address for your account. If payment is not made within fourteen (14) days of the notice, your account will be suspended. And if payment is still not made fourteen (14) days after suspension, then the account will be treated as if you have terminated it effective one month from the due date.

All fees are exclusive of all taxes or duties imposed by governing authorities. In accordance with Australian law, you also will be charged the Goods & Services Tax (GST) if you are an Australian user.

Modification to Services and Fees

Radix Software reserves the right, in its sole discretion, to make necessary unscheduled changes, updates or enhancements to the Services at any time. Radix Software may modify, suspect, or discontinue any part of the Services at any time for any reason. Material changes are generally expected to enhance the Services.  If any such changes may reduce, suspend or discontinue any significant functionality within the Services, Radix Software will provide 30 days notice to you by email to the primary address for your account.  Radix Software reserves the right to change Services fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the fileplan Site (www.fileplan.com) or the Services itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by following the instructions set out on our Support page. An email or phone request to cancel your account is not considered cancellation. 

If in Radix Software sole discretion you have breached any of the terms of this TOS, your account may be temporarily suspended. You will be notified of the suspension and required to rectify the breach to our satisfaction before any re-instatement of Services. Radix Software reserve the right to charge a fee for such re-instatement of Services. You acknowledge that you may not have access to your data during the suspension. If you fail to rectify the breach within fourteen (14) days of the notice, Radix Software may elect to terminate your account and will use commercially reasonable efforts to notify you of such termination.

Within thirty (30) days of termination for any reason, you may request access to your data to retrieve and transfer your data out of the Services and you are solely responsible for such retrieval or transfer. Radix Software shall not be obliged to maintain your data upon the expiration of the thirty (30) day period after termination.

Intellectual Property Rights

You acknowledge that Radix Software owns all right, title and interest in and to the Services, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws. You agree that you will not sell, sublicense, rent, lease, copy, reproduce, alter, modify, transmit, edit, reverse engineer, decompile or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. Radix Software claims no intellectual property rights over the material or data you provide to the Services.

Warranties and Liability

The Services are provided to you strictly on an "As Is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Radix Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Radix Software has been advised of the possibility of such damages), resulting from your usage of the Services.

Indemnification

You agree to hold harmless, defend and indemnify Radix Software, and its affiliates, officers, agents, contractors, directors and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature resulting from your own negligence, or reckless or intentional misconduct, or failure to perform your obligations and responsibilities under this TOS. In such a case, Radix Software will provide you with written notice of such claim, suit or action. The failure of Radix Software to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Radix Software and govern your use of the Services, superceding any prior agreements between you and Radix Software (including, but not limited to, any prior versions of the TOS).

Assignment

You may not transfer or assign any of your rights granted under this TOS without prior written permission from Radix Software which may not be unreasonably withheld but Radix Software may assign its rights without restriction.

Governing Law and Jurisdiction

This TOS is governed by the laws of Queensland, Australia and you agree to submit to the courts of that jurisdiction.

 

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Radix Software via email to legal@fileplan.com.

 

 

 

 

 

 

 

 

 

 

 

 

By using the fileplan services (the "Services"), you agree to be bound by this Terms of Service (“TOS”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Radix Software Pty Ltd ("Radix Software") and you. You warrant that you have the authority to bind your employer or the legal entity that you are representing if you are agreeing to the TOS on behalf of your employer or the legal entity.

Radix Software may, in its sole discretion and without notice to you, modify or revise the TOS at any time, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that improve or enhance the current Services shall be subject to the TOS. Your continuing use of the Services after any such changes, whether you are aware of the changes or not, shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.fileplan.com

If you do not agree to comply with and be bound by this TOS or do not have authority to bind your employer or other legal entity, please do not accept this TOS or access or use the Services. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

Description of Service

fileplan is a web-based document filing and management application from Radix Software (the "Services"). Your use of the Services is at your sole risk. The Services are provided on an AS IS and AS AVAILABLE basis.

Eligibility and Access to Service

You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your Services password and account, and are responsible for all activities that occur thereunder. Upon your successful registration, you may use the Services on a non-exclusive, non-transferable basis in strict compliance with this TOS. You acknowledge that access to the Services may be restricted for scheduled maintenance or for other purposes and Radix Software will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period to any or all users.

Acceptable Use

You agree that you will use the Services in compliance with our Acceptable Use Policy, all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence. Breach of our Acceptable Use Policy or violation of any of the foregoing laws and regulations may result in immediate suspension of the Services. You will be notified within a reasonable period of time in the event of a suspension of Services due to your breach or violation and if such breach or violation is not ceased within thirty (30) days of notice of suspension, this Agreement may be terminated.

Your Data

Ownership of data you upload and transfer into and out of the Services stays with you.  You are solely responsible for all your data and warrant that your uploading or transferring of data does not breach any law or this TOS and you have all the rights pertaining to the data so uploaded or transferred. You are solely responsible for managing and setting the level of access your users have on use of the Services including user’s ability to delete data uploaded for the Services. You are solely responsible for maintaining appropriate security, protection and backup copies of your data. 

Radix Software will not handle, review, share, distribute, or reference any of your data except as provided herein solely to the extent necessary to provide the Services or as may be required by law. In the event of a request or demand of your data by any law enforcement agency, Radix Software will in the first instance forward such request or demand to you directly and provide your basic contact information to the agency.  Radix Software will use commercially reasonable efforts to notify you in advance of any disclosure that Radix Software is compelled to make unless such notice is legally prohibited.

Unless you otherwise elect when you first establish the Services, your data will be held entirely in Australia.

Privacy

The Services allow you to file, manage and share your electronic documents. You are solely responsible in ensuring the login details and passwords created for your access to the Services are secure to maintain the security and privacy of your data. When you provide us with your personal information for us to set up an account for use of the Services, Radix Software follow generally accepted industry standards to protect the personally information you provided, both during transmission and once received. However, Radix Software cannot guarantee the absolute security while we strive to use commercially acceptable means to protect your personal information. Radix Software will only use the personal information collected to set up your account, communicate with you regarding the Services or send you newsletters. 

Payment Terms

The free trial offer entitles new, registered users to a one-time free trial usage of the Services. Monthly Terms: A valid credit card is required for you to continue using the Services after the 30-day free trial period on a month-to-month basis. You will be billed in advance on a monthly basis. Annual Terms: A valid credit card is required for you to continue using the Services after the 30-day trial period for a 12 month period. You will be billed in advance on a yearly basis.

There will be no refunds or credits for partial months of Services, upgrade/downgrade accounts, or for months unused with a paid account.

If your credit card payment fails for any reason, attempts will be made to notify you to arrange payment by emailing the primary address for your account. If payment is not made within fourteen (14) days of the notice, your account will be suspended. And if payment is still not made fourteen (14) days after suspension, then the account will be treated as if you have terminated it effective one month from the due date.

All fees are exclusive of all taxes or duties imposed by governing authorities. In accordance with Australian law, you also will be charged the Goods & Services Tax (GST) if you are an Australian user.

Modification to Services and Fees

Radix Software reserves the right, in its sole discretion, to make necessary unscheduled changes, updates or enhancements to the Services at any time. Radix Software may modify, suspend, or discontinue any part of the Services at any time for any reason and may post on its website or send an email notification to the primary address for your account regarding any material changes to the Services. Radix Software reserves the right to change Services fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the fileplan Site (www.fileplan.com) or the Services itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by following the instructions set out on our Support page. An email or phone request to cancel your account is not considered cancellation. 

If in Radix Software sole discretion you have breached any of the terms of this TOS, your account may be temporarily suspended. You will be notified of the suspension and required to rectify the breach to our satisfaction before any re-instatement of Services. Radix Software reserve the right to charge a fee for such re-instatement of Services. You acknowledge that you may not have access to your data during the suspension. If you fail to rectify the breach within fourteen (14) days of the notice, Radix Software may elect to terminate your account and will use commercially reasonable efforts to notify you of such termination.

Within thirty (30) days of termination for any reason, you may request access to your data to retrieve and transfer your data out of the Services and you are solely responsible for such retrieval or transfer. Radix Software shall not be obliged to maintain your data upon the expiration of the thirty (30) day period after termination.

Intellectual Property Rights

You acknowledge that Radix Software owns all right, title and interest in and to the Services, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws. You agree that you will not sell, sublicense, rent, lease, copy, reproduce, alter, modify, transmit, edit, reverse engineer, decompile or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. Radix Software claims no intellectual property rights over the material or data you provide to the Services.

Warranties and Liability

Radix Software does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Services will be timely, uninterrupted or error-free or operate satisfactorily in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected. The Services are provided to you strictly on an "As Is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Radix Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Radix Software has been advised of the possibility of such damages), resulting from your usage of the Services.

Indemnification

You agree to hold harmless, defend and indemnify Radix Software, and its affiliates, officers, agents, contractors, directors and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature resulting from your own negligence, or reckless or intentional misconduct, or failure to perform your obligations and responsibilities under this TOS. In such a case, Radix Software will provide you with written notice of such claim, suit or action. The failure of Radix Software to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Radix Software and govern your use of the Services, superceding any prior agreements between you and Radix Software (including, but not limited to, any prior versions of the TOS).

Assignment

You may not transfer or assign any of your rights granted under this TOS but Radix Software may assign its rights without restriction.

Governing Law and Jurisdiction

This TOS is governed by the laws of Queensland, Australia and you agree to submit to the courts of that jurisdiction.

 

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Radix Software via email at legal@fileplan.com.