Terms of Service
Version 1.4. Last updated: March 27, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the SmartForms Service operated by Fifth Ocean Technologies Pty Ltd ("Fifth Ocean", "us" or "we").
For the purpose of this Terms of Service, you ("you", "User") are a person who creates and manages forms using our Services; your customer ("End User") is the person who is filling out and submits the forms.
Your access to and use of the services (collectively, the "Services") is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
If you are accepting on behalf of your employer or another
entity, you represent and warrant that:
(i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions;
(ii) you have read and understand these Terms; and
(iii) you agree, on behalf of the party that you represent, to these Terms.
The Services offer you the ability to use, on subscription basis, the Smartforms Cloud software to create, publish and manage online forms. The Services are supplied to you as a Software as a Service solution.
The Services are deployed on a server-side infrastructure also provided by Fifth Ocean (hosting) for shared use within a professionally managed data centre environment.
The scope of Services is defined based on description of services applicable at the time of the conclusion of contract and the availability of the Services as described in this Terms and Service Level Agreement. Fifth Ocean is constantly advancing the Services, new functionality may be added. If functionality is removed, the users' legitimate interest in maintaining functionality will be taken into account.
We will maintain and service the Services during the term of the contract and will provide you with new versions, patches, and updates, free of any additional charge.
Subject to these Terms, Fifth Ocean grants you a licence to access and use the Services and the software and systems enabling the server side of the Services, only to the extent necessary to use the Services as described by Fifth Ocean on this Site.
The Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis in the currency selected when purchasing a Subscription. To arrange billing on annual basis contact us at firstname.lastname@example.org
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Fifth Ocean cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fifth Ocean customer support team.
A valid credit card payment is required to initiate your Subscription. By making such payment, you automatically authorize Fifth Ocean to charge your monthly Subscription fees from this credit card account.
Should automatic billing fail to occur for any reason, Fifth Ocean will issue an electronic invoice indicating that you must proceed manually. The full payment for the billing period as indicated on the invoice is to be made before the specified due date. For more details, see Billing Policy.
When opening a SmartForms account you are entitled to a 30-day Free Trial period. There is no limitation on functionality during the trial.
At any time and without notice, Fifth Ocean reserves the right to (i) modify the terms and conditions of the Free 30-day Trial offer, or (ii) cancel such Free 30-day offer.
Fifth Ocean, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Fifth Ocean will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refund requests for Subscriptions will be considered by Fifth Ocean on a case-by-case basis and granted in sole discretion of Fifth Ocean.
Our Services allow you to store, share and otherwise make available certain information, text, graphics or other material ("Content") on the web. You are responsible for the Content that you create or transmit using the Services, including its legality, reliability, and appropriateness.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use an identity of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Services and its original content (excluding Content provided by you and End Users), features and functionality are and will remain the exclusive property of Fifth Ocean.
We may terminate or suspend your account immediately, without prior notice or liability, if you breach the Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.