1. Govspend Software as a Service Agreement
1.2 By visiting this website, you accept our terms. By visiting this website you acknowledge that you have read, understood and agree to these terms.
1.3 By using Govspend Software as a Service (“the service”), the Customer agrees to and accepts all of the terms and conditions of this Agreement, as modified from time to time. Veritec reserves the right to amend, update or revise this Agreement at any time provided the Customer agrees, such agreement not be unreasonably withheld.
1.4 Continued use of GovspendSoftware as a Service constitutes an acceptance of all modifications. The current version of this Agreement is available here at www.Govspend.com.au/terms-and-conditions/.
2. Service Disclaimer
2.1 Govspendis provided as a service to the Customer. You understand that Veritec uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2.2 The information contained in this site is for general information purposes only. The information is provided by Veritec Pty Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
2.3 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
2.4 Every effort is made to keep the website up and running smoothly. However, Veritec takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
3. Provision of the Service
3.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand and agree that any decisions you make using Govspend you do at your own risk.
3.2 Veritec’s continued provision of the Service is dependent on the payment of the fees for the Service.
3.3 You must reasonably co-operate with Veritec to allow us to provision and supply the Service to you safely and efficiently. To maintain the quality of services provided to our customers, we may also prioritise the delivery of network traffic that is latency, rate or jitter sensitive in preference to traffic that is not, as determined in our absolute discretion. A delay may occur between the acceptance and provisioning of the service. We are not and will not be responsible for any delays associated with provision of a service, nor any inability by Veritec to provide the service to you.
4. Account Terms
4.1 The Customer must be an organization or human. Accounts registered by “bots” or other automated methods are not permitted.
4.2 The Customer must provide an account contact including legal full name, a valid email address and any other information requested in order to complete this Agreement and provisioning process.
4.3 Use of the Services is governed by the number of named users. Named User accounts may only be used by one person, a single login shared by multiple people is not permitted. Additional user logins may be purchased.
4.4 The Customer is responsible for maintaining the security of User Accounts and associated passwords. Veritec will not be liable for any loss or damage from your failure to comply with this security obligation.
4.5 The Customer is responsible for all Content and activity that occurs under this Agreement (even when Content is posted by others who have accounts on this Service).
4.6 The Customer may not use this Service for any illegal or unauthorized purpose. The Customer must not, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).
5. Access to Customer Systems
5.1 In providing the Services, Veritec may require access to the Customer’s systems to collect error logs, run diagnostics tools, configure systems, and transfer code as appropriate.
5.2 Veritec will take appropriate action and maintain appropriate protocols to satisfy its obligations for the protection and security of the Customer and Customer Data. Without limitation Veritec will ensure that:
(a) no security requirement of the Customer is breached and no Customer Data is taken outside of Australia through the remote access or control of any server or other hardware or software;
(b) no unauthorised attempt whatsoever is made to access or use in any way the Customer’s systems;
(c) direct or indirect access to the Customer’s system, hardware or software is absolutely restricted to those Veritec employees who have a need for such access and that access is limited to the minimum access necessary to enable Veritec employees to comply with its obligations under this Agreement; and
(d) no Customer Data is changed without the express prior written approval of the Customer.
5.3 Veritec will have due regard for the security concerns inherent in remote access and control of the Software and will ensure:
(a) direct or indirect access to the Customer’s system, hardware or software is absolutely restricted to those Veritec employees who have been approved by the Customer and that access is limited to the minimum access necessary to enable Veritec to comply with its obligations under this Agreement; and
6. Software Updates
6.1 Veritec will update the Services from time to time to rectify defects and improve the Service.
6.2 Veritec will provide the Customer the following information for any New Release it may make from time to time on the online support centre:
(a) the nature of the improvements and/or corrections;
(b) any adverse effects that may be expected, including any expected degradation in reliability, performance or functionality
6.3 While Veritec will provide advanced notice of updates where possible, the timing of the installation of updates will be at the sole discretion of Veritec.
7. Additional Services
7.1 Additional services will be provided where a valid Professional Services Pack has been purchased. These services include:
(b) Market Analysis,
(c) Custom Analytics,
(d) Report Development, and
(e) Graphic design and layout.
8. Service Exclusions
8.1 Unless otherwise specifically stated the following services will not be provided under this Agreement:
(a) On-Call support outside normal business hours (as noted in Section 12),
(b) equipment maintenance, and
(c) support of third party products.
9. Traffic and Bandwidth Allocation
9.1 Each Service plan may be allocated a monthly data traffic quota. Both inbound and outbound internet traffic account towards your quota. Veritec provides no guarantee of latency or available bandwidth to any resources on the internet where a non-dedicated link is used.
10. Firewall and Logical Security
10.1 Veritec use firewalls as part of its Service and we will make best endevours to ensure this Service is hardened against security vulnerabilities. We may elect to suspend this Service if we identify that this Service may be compromised so that action can be taken to rectify the security breach.
10.2 We will not be liable for any content, security breach, distribution of protected information or other malicious activity resulting from your use of the Service.
10.3 Veritec may cease providing this service and retains the right to refuse refund on this service if you are found to have breached our Acceptable Usage Policy.
11. System Maintenance
11.1 Our goal is to provide a fault free service although we cannot guarantee this. We will endeavour to conduct all scheduled maintenance during times of minimal usage. However, we may be required to suspend supply of our Services during normal working hours in order to carry out security patches or emergency repairs on our systems.
11.2 If we need to perform scheduled maintenance and it is feasible to do so, we will endeavor tionotify you 48hrs prior to any scheduled maintenance being required.
12. Service Support
12.1 Veritec will provide the Service Support to the Customer during Support Hours.
12.2 Support Hours are 9am to 5pm, Monday to Friday AEST, excluding ACT public holidays.
12.3 Support email is email@example.com
12.4 Online Support Centre is http://support.govspend.com.au
12.5 Unless otherwise specifically stated Service Support includes:
(a) supply of email, real time chat and Online Support Centre to the Customer in order to support users for any defects or problems in thisService, and to enable the Customer to locate and correct problems;
(b) correcting any defect or problem in accordance with the relevant Service Level;
(c) promptly correcting any failure of the Documentation to provide adequate and correct instruction for the proper use and operation (by an appropriately qualified person) of any function or any performance or other requirement set out in the relevant Specifications or Documentation, and delivering to the Customer appropriate amendments to the Documentation;
(d) supplying software patches to rectify any defects in the Service
12.6 Any effort required to rectify any issues created by the Customer (as defined above) will be deducted from an active professional services pack. Where an active pack is not available one must be purchased to rectify the issue.
12.7 Only Names Users can access the Online Support Centre.
13. Fault Reporting and Resolution
13.1 Each fault reported will be assigned a unique ticket number. Please use this ticket number when referring to your query.
13.2 Issuing of this ticket number is an acknowledged acceptance of the fault report.
13.3 The Service Desk team will use best efforts to identify and resolve the fault.
13.4 Where the issue cannot be resolved by the Service Desk they will follow a procedure to escalate the ticket to a technical expert for further investigation
13.5 When a ticket has been resolved or closed the customer will receive an email notifying them of the status change of the ticket.
14. Service Levels
14.1 Veritec strives to achieve the highest levels of availability for our Service. Veritec will publish achieved Service Levels for the Service at the online support centre.
15. Service Rebates
15.1 Any Service Rebates that apply to the provision of this Service are specified in the Service Schedule.
15.2 Where the Service is unavailable due to scheduled Systems Maintenance then this period is exempt from the calculation of availability.
15.3 Where the Service is unavailable due to events beyond our control then this disruption period is exempt from the calculation of availability. These include the following events:
(a) Interruption of the Service due to any Telecommunications Company circuits or failure of any Telecommunications Company services;
(b) Interruption of the Service due to your applications, your equipment, or your facilities;
(c) Where you cause any interruption of the Service due to your acts or omissions, or any use of the Service authorised by you;
(d) Where the Service is interrupted due to force majeure;
(e) Where we are requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts rectification of a fault or service difficulty; and
(f) Where we are prevented from connecting a specified service, or rectifying a fault or service difficulty, because we are unable to obtain lawful access to land or a facility.
(g) Damage to our network, equipment or facilities not caused by Veritec.
(h) Planned or Unplanned speed degradation (Not Service Loss), unless otherwise specified in a Service Description.
15.4 A Service rebate is not redeemable for cash and in any month is capped at the relevant specified percentage of the Charges for the Individual Service for that month. You must claim any Service rebate in writing within 10 working days of the event resolution by submitting a Service Rebate Application which is available from your Account Manager.
15.5 Once a claim is made, we will calculate the Service Rebate (if applicable) for the Service at the conclusion of the calendar month and credit to your account the amount equal to the Service rebate.
15.6 You acknowledge that we do not warrant the availability or other characteristics of the Service or that any target provisioning, installation, response or rectification times will be met.
16. Service Changes
16.1 We may withdraw any plans or account types packages at any time, such changes will take effect from the end of current agreement period.
16.2 Customers may transfer/migrate from any plan to another plan. Fees and a new agreement period will commence once provision for the service has been completed.
16.3 Any fees for transfer/migration between plans are detailed in the Service Schedule.
17. Service Charges and Payment
17.1 Payment for Services is required in monthly in advance via credit card online.
17.2 Your Govspend Users is listed in our User Account. From the User Account you are able to add and remove Users. Additional User subscriptions will be pro-rated in the first month such that all further payments are aligned.
17.3 Price increases may be applied at any time.
17.4 A valid Tax Invoice for Payments under this agreement will be once payment has been processed.
18. Agreement Term
18.1 GovspendServices have no minimum or maximum Agreement term. At the completion of each Month your service will be automatically renewed for a further month, unless you cancel your account from the My Account page.
18.2 If you decide to cancel your service within the agreement term, you will be liable for the full value of the Agreement and no rebates will be provided for fees paid in advance.
19. Assignment of Rights
19.1 Neither Party shall have the right to assign any part of this agreement without the prior written consent of the other Party. Such consent will not be un-reasonably withheld by either Party. Each Party will cover its own costs with respect to the execution of any documents necessary to give effect to assignment.
20. Copyright and Content Ownership
20.1 The contents of this service, including the text, graphics, PDFs and multi-media content is protected under Australian and foreign laws. Unauthorized use of our content may violate copyright, trademark and other laws. You have no rights to use this content except as permitted by this agreement without prior written consent from us.
20.2 The Govspend logo and Veritec logo used on this site is the trademark of Veritec. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use these marks without our prior written permission specific for each such use. All goodwill generated from the use of our mark must be for the benefit of Veritec.
21. Third Party Trademarks
21.1 All third-party, partner and client company names and logos reproduced on this website which are not the property of, or licensed to, Veritec are used for identification purposes only and remain the property of, and may be trademarks and copyright to, their respective owners.
21.2 We are not responsible for external sites.
21.3 We may, from time to time, link to external websites. These links do not represent our endorsement of external content. We are not responsible for any external content. If you have any concerns about content on external sites, please get in touch with the owner or administrator of those sites. Please be careful when visiting external sites.
22.1 By using the Service, the Customer consents to Veritec having access to personal data. We strive to ensure the security, integrity and privacy of personal information submitted to use and we review and update our security measures in light of known vulnerabilities. Unfortunately no data storage mechanism or data transmission over the Internet can be guaranteed to be totally secure. However, we take all reasonable steps to protect the personal information you may transmit to us.
22.2 In addition, our employees and contractors who provide the Service are obliged to respect the confidentiality of any personal information held by us.
22.3 You agree that we will not be held liable or responsible for events arising from unauthorized access to your personal information.
22.4 Veritec will not provide any information about the Customer or its registered Users to any third party unless instructed by a Court of Australia.
22.5 Veritec may share aggregated non-personalised information to third parties to help promote and sell our Service.
22.6 The following types of information are collected through use of the Service:
(a) Personal Data – When users register an account in the service they may provide information that is personally identifiable.
(b) Service Activity – The Service keeps track of actions taken by users including their navigations paths, error logs and performance statistics and used to inform further development of the Service.
(c) Device and Browser Information – Browser type, version, location and IP Address of the user connecting to the Service is captured and used to inform further development of the Service.
23.1 Veritec warrants that:
(a) The Services substantially conform to its published specifications;
(b) The Serviceas supplied will not knowingly introduce into any Customer environment, any virus or other code which may cause a defect or corrupt, damage or otherwise interfere with Customer’s Property or any Customer environment; and
(c) It has the right and authority to grant to the Customer use of the Service.
23.2 Except as specifically stated in a separate agreement with Veritec, or a Licence for a particular component, to the maximum extent permitted under applicable law, the Serviceis provided “as is” without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose.
23.3 Neither Veritec nor its affiliates warrants that the functions contained in the Service will meet your requirements or that the use of the Servicewill be entirely error free, appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements.
24. Limitation of Liability
24.1 Indirect losses excluded – Veritec excludes all liability for loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, whether indirect or consequential, in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to this agreement or its subject matter.
24.2 Cap on Liability – Veritec’s total liability for loss or damage of any kind, however caused, in contract, tort (including negligence), under any statue or otherwise arising from or relating in any way to this agreement or its subject matter, other than its liability under24, is limited in aggregate for any and all claims to the amount specified in the Service Schedule.
24.3 Indemnity by Veritec – Veritec indemnifies and will hold harmless the Customer and its officers and employees (“those indemnified”) against claims, liabilities, losses, damages, costs and expenses made against, or suffered or incurred by, those indemnified as a result of:
(a) A breach of this agreement, malicious or negligent act or omission relevant to this agreement, by Veritec, its director, officers, employees, agents or subcontractors;
(b) bodily injury, including sickness or death;
(c) An infringement or alleged infringement of a person’s intellectual Property Rights by the Govspend LMS Software usedby the Customer under this agreement, or arising from an act of the Customer, or a person authorised by the Customer, in accordance with this agreement in relation to such Govspend LMS Software.
25. Disclosure to the Media and Others
25.1 Veritec may, with approval of the Customer, include the Customer’s name and logo in a factual description of the project including:
(a) In a list of users and references
(b) In approved case studies
(c) In approved press releases announcing the project or the resulting benefits
(d) In other circumstances.
25.2 The Customer shall not unreasonably withhold permission for any of the above circumstances unless expressly prohibited in the agreement.
25.3 Veritec will not otherwise issue or make statements or comments to the public, the press or other persons or authorise a person to do those things, regarding this agreement or matters arising in relation to it without the customer’s consent which it will not unreasonably withhold.
26.1 Either party may, by notice, immediately terminate this agreement:
(a) If the other party is affected by any kind of insolvency event or otherwise ceases to carry on business; or
(b) If the other party commits a breach of this agreement and does not rectify it within 30 days of receiving a notice detailing the breach and requesting that it be rectified.
26.2 On termination of this agreement for any reason:
(a) The Service is cancelled and the Customer’s access to the Service will be removed;
(b) The Customer must immediately pay to Veritec all amounts owing up to the date of termination without any reduction or set off of any kind.
26.3 Termination or expiry of this agreement will not affect the operation of clauses 19, 20, 21 and 22.2 or any rights or remedies already accrued to either party under, or in respect of any breach of this agreement.
27.1 Should any provision of this agreement be found to be invalid or contrary to law, then it may be severed from this agreement and the balance of this agreement shall remain in force and effective between the parties.
28. Entire Agreement
28.1 These terms and conditions supersede all prior written and oral understandings between the parties on the subject matter of this agreement and constitute the entire agreement between them relating to the Services covered by this agreement. There are no understandings or representations, express or implied, not expressly set out herein.
29. Applicable Law
29.1 This Agreement shall be construed in accordance with and governed by the laws applicable in the Australian Capital Territory, Australia.
30. Services Schedule
|Service Period||1 Month|
|Permitted Use||Data Analysis|
|Digital Certificates||Not Required|
|Payment Frequency||Monthly in Advance|
|Excess Usage Charges||$1 per GB|
|Service Rebates||Not Applicable|
|Recovery Point Objective||11pm the day before|
|Recovery Time Objective||1 business day|
|Item||Units||Per month pricing Ex GST||Monthly Total (ex GST)|
|Govspend Subscription – base licence includes 3Accounts||1||$1,500||$1,500|
|Govspend Subscription – additional User||1||$300||$300|