AlertPSA Software License Terms
- The AlertPSA Software system is licensed by Vital Business Solutions Pty Ltd only in accordance with these Software License Terms.
- By installing, using or distributing the AlertPSA Software system you, on your own behalf and on behalf of your employer Company or principal, agree to be bound by these terms. If you do not agree to any of these terms, you may not install or use the AlertPSA Software system.
- Subject to the conditions set out in this agreement Vital Business Solutions Pty Ltd grant the Company registered for the AlertPSA Software system a personal, non-transferable, non-exclusive license to use the Software.
Scope of Licence
- All persons using the AlertPSA Software system must be you, or employees of the Company registered for the AlertPSA Software system, or employees of a subsidiary Company of the Company registered for the AlertPSA Software system.
- You are not permitted to transfer, assign or sub-licence any of the rights granted under this agreement to another legal entity.
- You are not permitted to use the AlertPSA Software system in or for any other Company or legal entity, other than Companies that are subsidiary Companies of the Company registered for the AlertPSA Software system.
- Vital Business Solutions Pty Ltd retain all right, title and interest in and to any Intellectual Property Rights in the AlertPSA Software system and Related Materials.
Confidentiality and Protection of Software
You agree that you will:-
- at all times take reasonable steps to protect the AlertPSA Software system from unauthorised access and use.
- give notice of any infringement of copyright or any of Vital Business Solutions Pty Ltd rights which come to your attention.
- not, under any circumstances, distribute any software registration code for the AlertPSA Software system without written permission from Vital Business Solutions Pty Ltd. In the event that you do distribute a software registration code, you will be liable to pay the full purchase price for each location where the unauthorized use occurs.
Vital Business Solutions Pty Ltd warrant that:-
- Vital Business Solutions Pty Ltd have the right and authority to grant a licence for the AlertPSA Software system;
- your use of the AlertPSA Software system in accordance with the provisions of this agreement will not infringe the intellectual property rights of any other party.
Exclusion of other Warranties
- Subject to clause 5, all warranties whether express, implied, statutory or otherwise, relating in any way to this agreement, including, without limitation any warranty that the AlertPSA Software system is fit for a particular purpose, of merchantable quality or free from defects or errors are excluded.
- Risk of loss of or damage to your computer system, including without limitation, the AlertPSA Software system, at all times remains with you, except if caused by our negligence.
- If you intend to rely on the AlertPSA Software system for critical purposes you must test it fully prior to using it, install redundant systems and assume any risk.
- Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the supply of the AlertPSA Software system again, or a refund for the amount you paid for the AlertPSA Software system.
Without limiting the rights which you or we may otherwise have arising from a breach of this agreement, we may terminate this agreement immediately by notice in writing if:
- you breach any clause of this agreement and such breach is not remedied within fourteen (14) days of written notice by us;
- you become, threaten, or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration;
- you dispose of the Software or otherwise lose control or possession of the AlertPSA Software system.
- This agreement will be governed by and construed in accordance with the laws of South Australia.
- This agreement constitutes the entire agreement with respect to the AlertPSA Software system and any warranty, representation, guarantee or other term or condition of any nature not contained or recorded in this agreement is of no force or affect.
- If any provision of this agreement is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
- You acknowledge that Vital Business Solutions Pty Ltd may advertise or promote that you are our customer.
Support Services Benefits and Terms
Support Services will be provided to those AlertPSA Customers that have paid annual Support.
Benefits of Support
- Support is provided by AlertPSA staff, from Australia.
- Telephone and Email Support are available during Monday to Friday 9:00am to 5:30pm (Australian Central Standard Time) excluding declared Public Holidays for South Australia.
- Support is provided on a fair use basis as per the Support Fair Use Policy below.
- Support covers technical installation queries, software configuration queries and software faults. Software Faults are regarded to be issues where the Software ceases to operate in substantial conformity with the Documentation.
- New versions or upgrades to software provided at no additional cost.
Support Fair Use Policy
Support service are provided subject to this Fair Use Policy. This is to maintain a good level of service for all users.
Excessive Use is defined as:
Where the Customer logs more than 5 new support issues in any 30 calendar day period
Unreasonable Use is defined as:
Where someone other than the Customer use the Service, unless agreed otherwise by the Customer andAlertPSA.
Where the Customer repeatedly attempts to use Support Services for reasons not covered in the definition of Support Services.
AlertPSA will contact Customer to inform them of Excessive and/or Unreasonable use
AlertPSA will suggest one or more of the following:
- Issues logged under excessive or unreasonable conditions will be charged at a rate of AUD$ 100 per hour (plus Australian GST if applicable)
- An alternative Service product
- The price of the Support agreement will be modified to reflect increased usage, and Excessive Use will be redefined.
- The Service may be suspended or limited for any period AlertPSA deems is necessary
- Termination of the Support agreement with no refund to the Customer
Purchasing and Refund Terms
AlertPSA will refund your money within 30 days if you are at all unhappy with the software for any reason within 30 days from date of purchase. Please email support@AlertPSA.com with any issues that you may have.
This website is operated by Vital Business Solutions Pty Ltd. All references to ‘AlertPSA’ and ‘Alert’ refer to VitalBusiness Solutions Pty Ltd. AlertPSA is developed and owned by Vital Business Solutions Pty Ltd.