Terms of service

1. Who this agreement is between

These terms are an agreement between you and marinopoulos.au, the Australian business that builds and operates bizkick. "We", "us" and "our" mean marinopoulos.au. "You" means the person or business that opens an account.

If you accept these terms for a business, you are telling us you have the authority to bind that business, and this agreement is with that business as well as with you.

These terms apply from the moment you make an account, and they cover the free trial as well as any paid subscription.

2. Your account and your organisation

A bizkick account belongs to one person. An organisation is the workspace your records live in, and it can have many members. The person who creates an organisation is its first administrator and can invite others.

You are responsible for what happens under your account, and for the members you invite into your organisation. Keep your password and your two-step verification method to yourself, and tell us straight away if you think somebody else has your credentials.

You must be at least 18 years old and using bizkick for business purposes. bizkick is not a consumer product.

3. Your subscription and the free trial

Every new organisation starts on a 14-day free trial. The trial gives you the plan you selected, in full, and you are not charged during it.

We ask for card details when you create the organisation so the subscription can continue without a gap. We do not charge the card while the trial runs.

On day 15 the trial ends and the first monthly payment is taken. From then on the subscription renews every month on the same date until somebody cancels it.

Your subscription is built from three parts: the base price of the plan, a price for each user past the number the plan includes, and a price for each extra workspace you add. The prices are the ones published on the pricing page on the day you subscribe.

• Cancel before the end of the trial and you pay nothing.
• The subscription is per organisation. A second organisation is a second subscription.
• We hold the price you subscribed at. If we change our published prices, your subscription keeps the old price until we give you notice.

4. Fees, GST and invoices

All prices are in Australian dollars and are quoted ex GST. GST is added where the law requires it, and the amount is shown on your invoice.

Payments are taken by our payment processor, Stripe. We do not hold your card number. Stripe issues a receipt for every payment, and your invoices are available from your billing settings.

If a payment fails, Stripe retries it over the following days. If it keeps failing we may suspend the organisation until the account is settled. We will email the administrators before we do.

5. Changes to your plan

You choose your plan, your number of users and your extra workspaces when you create the organisation.

To change any of them afterwards, write to us at hello@bizkick.com.au with the name of your organisation and what you want. We make the change and adjust the next invoice. There is no charge for the change itself.

6. Cancellation and refunds

You can cancel at any time by writing to hello@bizkick.com.au from an administrator's address. We will confirm the cancellation in writing.

Cancellation takes effect at the end of the month you have already paid for. You keep full access until then. We do not charge an exit fee and we do not require notice.

We do not refund part-months, because you keep the service for the whole period you paid for. If we have billed you in error, or if we cancel your subscription for a reason that is not your fault, we refund the unused part.

Nothing here limits a remedy you are entitled to under the Australian Consumer Law. Read clause 12.

7. Acceptable use

Use bizkick for your own business, lawfully, and without making it worse for anybody else. In particular, do not:

• break any law, or use bizkick to help somebody else break one
• send marketing that the recipient has not agreed to receive, or that does not meet the Spam Act 2003
• upload material you have no right to upload, or that infringes somebody else's rights
• upload malware, or try to get into parts of the system you were not given access to
• test the security of the platform without our written agreement first
• resell or white-label bizkick to third parties, unless your plan and your contract say you can
• use automated requests at a volume that degrades the service for other customers

8. Your data stays yours

Everything you put into bizkick is yours. Your contacts, your accounts, your orders, your files, your form submissions. We do not sell it, we do not rent it, and we do not use it to advertise to anybody.

You give us the permission we need to run the product for you: to store your data, to display it back to you and your members, to back it up, and to send it to the third parties listed in our privacy policy where the feature you are using needs them.

We use anonymous, aggregated usage statistics to work out which parts of the product need attention. Those statistics never identify you, your business or any person in your records.

You can export your data at any time while your subscription is live. After you cancel, we keep your organisation for 30 days so you can change your mind or pull an export, then we delete it. Ask us in writing inside those 30 days if you want it deleted sooner.

9. Availability, support and changes to the product

We work to keep bizkick available and quick, and we host it on infrastructure built for that. We do not promise an uptime figure on the self-serve plans. An uptime commitment is available on an Enterprise contract.

We take the platform down for maintenance from time to time. Where the work is planned, we give notice by email and do it outside Australian business hours.

Support is by email at hello@bizkick.com.au. We answer during Australian business hours.

The product changes. We add features, we improve the ones that are there, and occasionally we retire one that nobody uses. If we remove a feature you rely on, we will tell you at least 30 days before we do it, and you may cancel without penalty if the change does not suit you.

10. Third-party services

bizkick uses other companies to do specific jobs: payments, email delivery, text messages, hosting and the AI assistant. They are listed in our privacy policy, along with what each one does.

If you connect bizkick to a service of your own, that service is between you and its provider. We are not responsible for it, for what it does with data you send it, or for what happens if it stops working.

11. When we can suspend or close an account

We may suspend or close an organisation if the account is unpaid after we have asked, if clause 7 is being broken, or if we must do so to comply with the law.

Except where the law stops us, or where waiting would cause real harm, we tell you first and give you a chance to fix it. If we close an account for non-payment, your data is still available under the 30-day rule in clause 8.

12. Warranties, liability and your Australian Consumer Law rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services put right if they are not of acceptable quality and the failure is not a major failure. Nothing in this agreement excludes, restricts or modifies those rights.

Where the law allows us to limit our liability, we limit it to resupplying the service, or to paying the cost of having it resupplied, at our option. In any case our total liability to you for all claims in any 12-month period is capped at what you paid us in that period.

Neither of us is liable to the other for lost profits, lost revenue, lost goodwill, or indirect or consequential loss, to the extent the law permits that limit.

Apart from the guarantees the law gives you, bizkick is supplied as it is. We do not warrant that it will be free of every fault, or that it will meet a requirement you have not told us about.

You keep your own backups of anything you could not stand to lose. Our backups exist to recover the platform, not to serve as your archive.

13. Changes to these terms

We may change these terms. When we do, we publish the new version on this page with a new version number and effective date, and we email the administrators of every organisation at least 30 days before the change takes effect.

If a change does not suit you, cancel before it takes effect and you will not be charged again. Continuing to use bizkick after the effective date means you accept the new version.

14. Governing law

This agreement is governed by the laws of Victoria, Australia. Both of us submit to the courts of Victoria and the Commonwealth courts sitting in Victoria.

If a clause of this agreement is unenforceable, it is severed and the rest stays in force.

15. Contact us

Write to hello@bizkick.com.au for anything about these terms, your subscription or your account. We are in Melbourne, Australia.