Terms and Conditions

1.0 CONDITIONS OF QUOTE

1.1 This quote constitutes an offer by NewBook Pty Ltd (“NewBook”) or “we” or “us” to the buying party named on page 1 of this quote (“you”, “your” or “client”) for the sale of the products/services itemised above (“Products/ Services”). The offer made in this quote by us is subject to the terms and conditions below. You may accept this offer by signing the quote in the provided section. By accepting this offer you accept NewBook’s terms and conditions below.

1.2 The NewBook Standard & Ultimate Plan is available on a minimum term of 12 months. Your plan will be automatically renewed for another 12 months unless you have contacted NewBook and advised that you would not like to renew 30 days prior to the renewal date.

1.3 If you have not accepted this quote within 14 days of the date of this quote, this quote will expire and will be null and void. Expiry dates on quotes are set to be able to inform us when the quote is still active or to be discarded. Once discarded, the quote will need to be reconsidered or reissued.

 

2.0 TERMS AND AMENDMENT PROCEDURE

2.1 Please look out for any amendments to these Terms and Conditions that NewBook might make in the future.

2.2 We may vary these terms, the amount we charge for any service, or the terms of the operation of the service, at any time by general notice on the home page of our website at www.newbook.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for services, we will give at least 14 days’ notice of the change by the same means and the new prices will apply at the end of that period.

2.3 If you use the service after that publication, your use will constitute an acceptance of the amended terms.

2.4 These terms laid out in this quote document constitute the agreement in its entirety and supersede prior agreements.

 

3.0 SERVICE

3.1 Maintenance – We may perform scheduled or unscheduled maintenance on our servers from time to time. We will attempt to perform all scheduled maintenance as close to scheduled time as possible. If scheduled maintenance requires the service to be offline for more than 60 minutes, we will e-mail you details of the scheduled maintenance at least 24 hours in advance of the maintenance. We will endeavour to inform you by e-mail of unscheduled maintenance in advance.

3.2 In contracting with NewBook for the services, the client obtains no rights to the hardware and/or other infrastructure and facilities used by NewBook to deliver the service.

3.3 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further services you acquire from NewBook Pty Ltd.

 

4.0 PAYMENT

4.1 You must pay all service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your users passwords (whether authorised or not) in accordance with the billing option selected and in advance.

4.2 Prices published on our website are inclusive of any government taxes or charges unless otherwise noted and exclusive of any registration or delegation charges imposed by domain name authorities, credit card gateways etc.

4.3 You must pay all amounts billed in accordance with your chosen NewBook package. No credit terms are given. Upon registration of a credit card account, you give us authorisation to charge your credit card for all charges.

4.4 The first payment is to be made before we enable user access & integration. The subscription will start 2 weeks after access & Integration has been enabled.

4.5 Payment for using NewBook can be paid either quarterly or annually.

4.6 Payment can be made by either BPay, credit card, EFT or cheque (providing invoice is not overdue).

4.6.1 If the client wishes to pay their bill via BPay, please see the Registration Pack.

4.6.2 If the client wishes to pay their bill via Credit Card, please see the Registration Pack.

4.7 Payment for all billing cycles is always due upfront / in advance, and must be received by NewBook at least by the payment due date to avoid interruption to service. The payment due date is always the last day of your previous billing period. It is your responsibility to ensure payment due date is met. If the payment due date is not met, the account in question may be suspended without advance notice.

4.8 Accounts paying by credit card are charged 7 days prior to each billing period or closest business day to 7 day period.

 

5.0 PRICING

5.1 All prices in this quote are exclusive of applicable taxes (excluding GST) unless specifically noted otherwise. Payments made by credit card incur a credit card fee applicable to that card’s vendor and may be changed in the future.

5.2 Once a quote has been confirmed by NewBook, the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as NewBook and the customer both agree with the final price after any last changes requested by the customer.

5.3 The price in the final quote may vary from the original request if there is any price or product change requested by customers. NewBook reserves the right to alter product and prices in the quote, as long as the quote has not been confirmed with the customer.

 

6.0 PRIVACY

6.1 Information collected about both you and your Customers is subject to the terms of NewBook’s privacy policy, the terms of which are hereby incorporated by reference. NewBook’s privacy policy can be found at: http://www.newbook.com.au/privacy-policy

 

7.0 TERMINATION TERMS

7.1 As a client, you have the right to terminate anytime you wish. However, should you wish to terminate before your 12 months has expired you will forfeit any payments that have been made to NewBook and will still be liable to pay any amount owing to NewBook, to the end of your contracted period.

7.2 If you have a multi-property pricing arrangement and wish to terminate an individual property the quoted prices for the remaining properties will become voided and new prices will be provided. The new pricing may be increased.

 

8.0 WARRANTIES AND LIABILITIES

8.1 We do not warrant that:

8.1.1 The services provided under this agreement will be uninterrupted or error free; or

8.1.2 The services will meet your requirements, other than as expressly set out in this agreement; or

8.1.3 The services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of NewBook.

8.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

8.3 NewBook will not be liable to the client for:

8.3.1 Any loss or damage in respect of the provision of its services or any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the client; or

8.3.2 Any costs, claims, loss or damage arising from any information, data or other material provided to NewBook by or on behalf of the customer.

8.4 You warrant that:

8.4.1 At the time of entering into this agreement, you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; and

8.4.2 You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you or downloaded by you through the service does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; and

8.4.3 You will incur any costs related to software, hardware, servicing, personal time or any other expense relating to your ability to access the service, and

8.4.4 You will keep secure any passwords used to access the service.

8.5 You accept responsibility for all information and material you transfer over any service, and indemnify us and hold us harmless against any liability in relation thereto. In particular, you undertake that you shall not publish or issue any information that is illegal or defamatory.

You also acknowledge that we do not check or approve any information or material available through the service and that we do not accept any liability for the information accessed through the service or for any traffic traversing the network. To the full extent permitted by law, you access and use such information and material at your own risk.

8.6 You are solely responsible for dealing with third parties who access the service, and must not refer complaints or inquiries from third parties to us.

8.7 We are not liable to you or any other person for:

Any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the service, or

8.7.1 The content, context or confidentiality of any communications made using the service, or

8.7.2 Any inconvenience, losses, damages, costs incurred or any other issues relating to third party software/systems which are integrated with NewBook, including but not limited to channel managers, customer databases, payment gateway's, security systems, PABX and point of sale systems.

8.8 NewBook has final decision making ability as to which third parties it will integrate with. NewBook will provide technical support at its sole discretion and may discontinue support for a third party integration in the future. A minimum 30 days’ notice will be provided before the cancellation of a third-party integration unless agreed in writing on an individual basis.

8.9 You agree that you will protect, indemnify, save and hold NewBook harmless from any and all stipulations, arrears, losses, expenses and assertions, as well as legal fees declared against NewBook, its representatives, its suppliers, its clients, and administration that may arise or result from any service provided or executed or agreed to be executed or any product or service sold by the NewBook User, it’s agents, employees or contractors. You agree to defend, indemnify and hold harmless NewBook against liabilities arising out of any injury to person or property caused by any products or services sold or distributed in association with NewBook’s services.

8.10 This Agreement shall be governed by, interpreted and enforced in accordance with the laws of Queensland, Australia. Any action relating to this Agreement must be brought in the courts located on the Gold Coast or Brisbane, Queensland, Australia.

 

9.0 INTELLECTUAL PROPERTY

9.1 Subject to the provisions of this Agreement, each party will continue to independently own its intellectual property, including all patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any development or change to NewBook’s software/systems as a result of feedback, recommendation or input from you, regardless of whether payment was or was not received by NewBook, will remain the sole Intellectual Property of NewBook.

 

10.0 CONFIDENTIALITY

10.1 Each party acknowledges that it may have access to Confidential Information of the other party or its affiliates (collectively, the “Disclosing Party’s”). Each party shall keep in strict confidence and not use or disclose the Disclosing Party’s Confidential Information except for the purpose of performing or enabling its employees and affiliates to create and operate the services provided by this Agreement or as may be required by law. An affiliate is a company controlling, under the control of, or under common control with, a party.

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