Terms and Conditions

1. About these Terms and Conditions

Please review the following terms and conditions carefully as they are set out your rights and obligations relating to GRAGA AssetManager Pro

In these terms and conditions “we” and “us” mean GRAGA Software Solutions ABN 80 009 379 104 of 6 Harvey Crescent Kardinya, WA 6163 Australia.

Also included in Section 4. and 5. below, are the Direct Debit authority terms, that apply when purchasing subscription based membership services with recurring payments from Bank Accounts or Credit Cards.

Your entire or initial payment of a GRAGA AssetManager Pro constitutes your agreement that these terms and conditions apply to the Purchase. These terms and conditions, together with your Purchase and the End User Licence Agreement (EULA) applicable to any software product you have purchased, constitute the entire Contract between us and you. No other terms and conditions will apply. The Contract cannot be varied unless we and you agree to vary it in writing or by email.

These terms and conditions are subject to change at any time.

2. GRAGA AssetManager Pro Software Solutions – Software

All Software is licensed to you on the terms and conditions contained in the EULA for GRAGA AssetManager Pro. The EULA is shipped with the Software. If you receive or download the Software and if you do not agree to the terms and conditions contained in the license agreement, please contact us to arrange for the Software to be deactivated and a refund to be processed.

3. GRAGA AssetManager Pro Software Solutions Support Plans Terms and Conditions

The following terms and conditions apply to all GRAGA AssetManager Pro purchases that include a Support Plan. Terms, conditions, membership entitlements, pricing, support services and availability are subject to change.

1. 3.1 General:

   A Support Plan can be purchased for GRAGA AssetManager Pro. Support Plans provides a range of exclusive benefits including free software updates and access to Technical Support. Support can be purchased as either an annual prepaid membership or as a subscription based membership with a recurring payment plan.

   3.2 Annual Prepaid Memberships:

   An annual prepaid Support membership will commence from the date of purchase and continue for a full 12 month period, expiring on the same day of the month in 12 months’ time. Once a membership has commenced it cannot be cancelled and refunds are not provided. We will provide you with a renewal reminder notice prior to the expiry date of your membership. If you renew your membership, by paying the renewal fee prior to or up to 30 days after the expiry date, you will maintain continuity of your membership benefits and your annual renewal date will remain unchanged. If you do not renew your membership within 30 days of the expiry date, you will lose continuity of benefits and will be required to commence a new Support membership.

2. 3.3 Subscription Based Memberships:

   A subscription based Support membership will commence from the date of purchase and will continue until you notify us in writing that you wish to cancel your subscription based membership. Support subscription based memberships are for a minimum period of 12 months. If you wish to cancel your subscription based membership before the end of the initial 12 month period you are still required to pay the balance outstanding for the remainder of the 12 month period.

   Support subscription based memberships may be cancelled after the initial 12 month period, by advising us at least 14 days prior to the next scheduled monthly, quarterly or annual recurring payment. Once a recurring payment has been processed we are unable to provide a refund. To cancel your subscription based membership you should contact GRAGA Customer Service via email at service@graga.com.au or by phone on +61 3 9016 9454

   Recurring payments for GRAGA AssetManager Pro Support subscription based memberships are processed as follows:

   • Monthly Subscriptions – on the first working day of each month.
   • Annual Subscriptions – on the first working day of the month in which the annual subscription membership originally commenced.

   The first payment for your subscription membership will be pro–rated for the remaining days prior to the next recurring payment due date as shown above.

   See below for a further explanation:

   • Monthly Subscriptions – the full monthly payment will be pro–rated for the remaining days in the current month. Subsequent recurring payments will then be processed on the first working day of the following month. For example, if you purchase your subscription on the 10th of April, your first payment will cover the remaining 20 days of the month. The next payment will be processed on the 1st May for the full monthly amount and then monthly thereafter.
   • Annual Subscriptions – the full annual payment will be pro–rated for the remaining days in the current months plus the next 11 months. Subsequent payments will be processed on the 1st day of the next annual period. For example, if you purchase your subscription on the 10th of April, your first payment will cover the 20 days in April plus May through to March. The next payment will be processed on the 1st April for the full annual amount and annually thereafter.

   Prices for GRAGA AssetManager Pro Support subscription based memberships are subject to change at any time after the initial 12 month period. We will provide you 30 days advance notice of any pricing changes and your recurring payment will be adjusted to reflect any change in pricing from the date specified in the notice.

   In the event that there is a default with any of your recurring payments your membership entitlements will be suspended until payment is made. If outstanding payments are not brought up to date in an acceptable time period, your membership will be cancelled.

   GRAGA AssetManager Pro subscription based memberships are also subject to the Direct Debit Request Service Agreement (DDRSA) terms if recurring payments are being debited from a Bank Account or the Credit Card Direct Debit Terms if recurring payments are being debited from a Credit Card.

3. 3.4 GRAGA AssetManager Pro Technical Support:

   GRAGA AssetManager Pro Support provides an entitlement to Technical Support for your product and can be accessed via email or online. With phone support initiated by our technical support representatives as required based on an email or online query.

   This entitlement will be available as long as you have an active GRAGA AssetManager Pro Technical Support membership and all recurring payments for subscription based memberships are up to date.

   Availability of Technical Support services may deviate from published support hours due to downtime for systems and server maintenance and observed Australian public holidays.

   Technical Support inquiries are limited to the following areas: Installation, upgrade assistance, basic usability and functionality, as described in the relevant product user guides and related documentation. We are unable to provide assistance with general accounting or taxation advice, or application consulting or training on how to use your GRAGA AssetManager Pro product. The determination of the nature of your query for these purposes will be made by our technical support consultants.

   Additionally, we do not claim to be able to resolve technical issues that are specific to your local hardware or operating environment, including networking or connectivity problems, integration with third–party products or service providers.

4. 3.5 Software Upgrades:

   GRAGA AssetManager Pro Support membership includes an entitlement to software upgrades without charge.

   Software upgrades will be made available provided you have an active AssetManager Pro Support membership and all recurring payments for subscription based memberships are up to date.

   GRAGA makes no commitment to release new software updates for AssetManager Pro and there are no scheduled dates for compliance updates or new feature releases. Software upgrades, when released, will generally be available as a download via your product or from the GRAGA AssetManager Pro web site. Should you require a disk copy to be sent a shipping and handling fee will be charged.

4. Online Direct Debit Request Service Agreement (DDRSA)

The following terms and conditions relate to your online Bank Account direct debit authority and sets out your rights, our commitment to you, your responsibilities to us and where you should go for assistance.

1. 4.1 By electing the Direct Debit from bank account payment method and completing the GRAGA AssetManager Pro Direct Debit Authority Form you:
   • Acknowledge that you are an authorized signatory of the nominated Bank Account or if debiting a joint account, you confirm all the authorized signatories have authorized the establishment of this direct debit request.
   • Understand and accept your commitments and responsibilities under the direct debit request service agreement set out below and the Direct Debit Authority Form.
   • Authorize GRAGA Software Solutions to debit funds from your nominated Bank Account for both Periodic Payments for all contracts and/or products and services with recurring charges; and One Off Payments where direct debit has been selected as the payment method.
2. 4.2 GRAGA Software Solutions will arrange for funds to be debited from your nominated Bank Account, as authorized by you, on the direct debit date shown on your invoices. If the direct debit date falls on a non–working day or public holiday the payment will be processed on the next working day.
3. 4.3 A tax invoice confirming the amount of the payment will be issued to you within 1–3 working days of:
   • Periodic Payments – the start of a month in which a payment will be made by you.
   • One Off Payments – your order being accepted and processed.
4. 4.4 GRAGA Software Solutions will advise of any changes to the debit arrangements at least 14 days in advance.
5. 4.5 It is your responsibility to ensure that you have sufficient funds available in your nominated Bank Account to cover your periodic payments and that your Bank Account details are correct.
6. 4.6 Direct Debiting is not available on all bank accounts. If you are paying by direct debit from your Bank Account, it is your responsibility to ensure that your Bank Account can accept direct debits (your financial institution can confirm this). We also advise that you should check your Bank Account details with your financial institution before completing the Direct Debit Request.
7. 4.7 Should a payment default GRAGA Software Solutions will notify you by email and, it is your responsibility to organize an alternative payment which should be received by GRAGA Software Solutions within five (5) working days of the original due date.
8. 4.8 GRAGA Software Solution may suspend your account, subscription or membership until any outstanding payments have been made.
9. 4.9 You may incur fees or charges imposed by GRAGA Software Solutions to cover administration fees for the collection of any defaulting payment under this agreement.
10. 4.10 If you believe that there has been an error in debiting your Bank Account you should immediately contact the GRAGA Software Solutions Accounts Department by phone on +61 3 9016 9454 or via email at service@graga.com.au so that we can resolve your query promptly.
11. 4.11 If GRAGA Software Solutions concludes, as a result of our investigations, that your Bank Account has been incorrectly debited, GRAGA Software Solutions will advise you and arrange a refund of the amount due to you. If GRAGA Software Solutions concludes that your account has been debited correctly, we will advise you and provide evidence of our finding.
12. 4.12 If you wish to defer or alter any payment arrangements, stop an individual payment item or cancel a payment authority please contact the GRAGA Software Solutions Accounts Department by phone on +61 3 9016 9454 or via email at service@graga.com.au
13. 4.13 Confidentiality – all information provided to GRAGA Software Solutions is confidential and protected by the GRAGA Software Solutions privacy policy. The policy can be viewed at assetmanagerpro.com.au/privacy. However, you acknowledge and agree that we will need to provide information to our financial institution to initiate or alter payment arrangements from your Bank Account or to investigate an alleged incorrect or wrongful payment.
14. 4.14 This Authority permits GRAGA Software Solutions to change the amount debited from your Bank Account, with at least 14 days notice, to reflect any change to prices for the products and/or services that relate to your direct debit authority. It also permits GRAGA Software Solutions to change the amount debited or charged to cover any increases in amounts payable arising from the purchase of additional products by you from time to time, with at least 14 days notice.

5. Online Credit Card Direct Debit Terms and Conditions

The following terms and conditions relate to your online Credit Card direct debit authority and sets out your rights, our commitment to you, your responsibilities to us and where you should go for assistance.

1. 5.1 By electing the Direct Debit from Credit Card payment method and completing the GRAGA AssetManager Pro Direct Debit Authority Form you:
   • Acknowledge that you are authorized to establish this direct debit authority.
   • Understand and accept your commitments and responsibilities under the credit card direct debit terms and conditions set out below.
   • Authorize GRAGA Software Solutions to charge your nominated Credit Card for both Periodic Payments for all contracts and/or products and services with recurring charges; and One Off Payments where Credit Card has been selected as the payment method.
2. 5.2 GRAGA Software Solutions will arrange for funds to be debited from your nominated Credit Card, as authorized by you, on the direct debit date shown on your invoices.
3. 5.3 A tax invoice confirming the amount of the payment will be issued to you within 1–3 working days of:
   • Periodic Payments – the start of a month in which a payment will be made by you.
   • One Off Payments – your order being accepted and processed.
4. 5.4 GRAGA Software Solutions will advise of any changes to the direct debit arrangements at least 14 days in advance.
5. 5.5 It is your responsibility to ensure that you have sufficient funds available to cover your payments and that you’re Credit Card details are correct.
6. 5.6 In the event that a payment is declined we will make up to two (2) further attempts to process the payment, 3 days after the first or subsequent attempt.
7. 5.7 Should a payment default GRAGA Software Solutions will notify you by email and, it is your responsibility to organize an alternative payment which should be received by GRAGA Software Solutions within five (5) working days of the original due date.
8. 5.8 GRAGA Software Solutions may suspend your account, subscription or membership until any outstanding payments have been made.
9. 5.9 You may incur fees or charges imposed by GRAGA Software Solutions to cover administration fees for the collection of any defaulting payment under this agreement.
10. 5.10 If you believe that there has been an error in debiting your Credit Card you should immediately contact the Graga Software Solutions Accounts Department by phone on +61 3 9016 9454 or via email at service@graga.com.au so that we can resolve your query promptly.
11. 5.11 If GRAGA Software Solutions concludes, as a result of our investigations, that your Credit Card has been incorrectly debited, GRAGA Software Solutions will advise you and arrange a refund of the amount due to you. If GRAGA Software Solutions concludes that your Credit Card has been debited correctly, we will advise you and provide evidence of our finding.
12. 5.12 If you wish to defer or alter any payment arrangements, stop an individual payment item or cancel a payment authority please contact the GRAGA Accounts Department by phone on +61 3 9016 9454 or via email at service@graga.com.au
13. 5.13 Confidentiality – all information provided to GRAGA Software Solutions is confidential and protected by the GRAGA Software Solutions privacy policy. The policy can be viewed at assetmanagerpro.com.au/privacy. However, you acknowledge and agree that we will need to provide information to our financial institution to initiate or alter payment arrangements from your Bank Account or to investigate an alleged incorrect or wrongful payment.
14. 5.14 This Authority permits GRAGA Software Solutions to change the amount debited from your Credit Card, with at least 14 days notice, to reflect any change to prices for the products and/or services that relate to your direct debit authority. It also permits GRAGA Software Solutions to change the amount debited or charged to cover any increases in amounts payable arising from the purchase of additional products by you from time to time, with at least 14 days notice.

6. Exclusion and Limitations of Liability

1. 6.1 All GRAGA AssetManager Pro purchases are subject to the application of the provisions of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL) and the exercise of any right or remedy conferred by the ACL. Anything contained in herein that would contravene the ACL shall be considered void and of no effect.
2. 6.2 Subject to clause 6.1 and to the extent permitted by law:
   • the Publisher’s maximum aggregate liability to you:
   • For failure to comply with a consumer guarantee in respect of the Software or Product; and
   • For loss or damage suffered by you as a result of any breach of this Licence Agreement by the Publisher is limited, at the Publisher’s option in its sole discretion to:
     • The replacement of the Software (or the particular component of the Software, which caused the failure) or Product, or the supply of equivalent software (or particular component of the Software) or Product; or
     • The payment of the cost of replacing the Software (or the particular component of the Software, which caused the failure) or of acquiring equivalent software (or particular component of the Software) or Product.
   • all representations, conditions, warranties and terms that would otherwise be expressed or implied in this Licence Agreement by general law, statute or custom are expressly excluded.
   • except in relation to personal injury or death, neither the Publisher nor any of the Beneficiaries are liable to you for any other loss or damage of any kind whatsoever (whether direct, indirect or consequential loss or damage or otherwise) suffered by you or liability incurred by you caused by, in connection with, or resulting from anything the Publisher does or does not do, or delays in doing, or any negligence, misrepresentation, or other default by the Publisher or its officers, employees, contractors or agents, whether or not it is contemplated or authorized by this Licence Agreement. This exclusion applies irrespective of what you are claiming, including:
     • Loss of profits or business;
     • Loss of opportunity;
     • Loss, destruction, corruption of data or expenses incurred for reconstructing or rekeying data, and however liability arises or might arise (whether through tort or contract) if it were not for this clause.
   • if the Publisher or any of the Beneficiaries is ever liable (whether for direct, indirect or consequential loss or damage or otherwise) to you and, for any reason, cannot rely on any exclusion of liability set out in this clause, the maximum combined liability of the Publisher and those other Beneficiaries to you is limited to the amount paid by you for the supply of the Software.
   • The exclusion and limitations of liability in this clause 2 also apply for the benefit of the Beneficiaries. Beneficiaries means the related companies of the Publisher (including GRAGA Software Solutions) and all officers, employees, contractors or agents of the Publisher and the Beneficiaries.

7 Your Privacy

1. 7.1 We collect, disclose and use your personal information to provide the products and services you have asked for and associated support, respond to your inquiries or feedback and to promote the products and services offered by us and associated third parties. We may collect personal information from you, from public sources such as social media websites, and from third parties who provide us with marketing leads.
2. 7.2 To do those things, we may provide your personal information to our related companies and to third parties that we outsource functions to. These entities may be located Australia and Bangladesh or other countries. If you do not provide your personal information, it may affect our ability to do business with you.
3. 7.3 You consent to us collecting, using and disclosing your personal information for the purposes set out in section 8.a above. You can ask us not to use your information to promote products and services by following the process outlined in the GRAGA Software Solutions Privacy Policy (assetmanagerpro.com.au/privacy).
4. 7.4 The GRAGA Software Solutions Privacy Policy contains information on how to:
   1. i. update your preferences about the marketing and promotional material we send to you;
   2. ii. request access to and seek correction of the personal information we hold about you;
   3. iii. make a privacy complaint; and
   4. iv. how we will deal with your complaint.
5. 7.5 You can contact us about your privacy by email at service@graga.com.au, or by post at GRAGA Software Solutions ABN 80 009 379 104 of 6 Harvey Crescent Kardinya, WA 6163 Australia.