KISSHR Terms & Conditions.
A. The contract shall be for the duration of the initial contract period, with no provision for early termination. At the end of the initial contract period, the contract will automatically renew for the same period as the initial contract period (Renewed Contract), unless terminated by either party giving written notice within the period set out in paragraph (h) to expire at the end of the initial period or any subsequent renewal period.
B. KISSHR reserves the right to increase the Total Fee (excl. GST) for any Renewed Contract, as follows:
- If the initial contract period is 1 year, the Total Fee will increase by 5%
- If the initial contract period is between 1 year and 3 years, the Total Fee will increase by 8%
- If the initial contract period is greater than 3 years, the Total Fee will increase by 12%
C. The Renewed Contract will otherwise be on the same terms as this contract, including the same automatic renewal provision.
D. Time for payment of the instalments shown in the Investment Schedule together with the Service as outlined in the proposal, shall be of the essence in the contract.
E. Failure to adhere to the above payments will result in the total balance outstanding becoming payable immediately in full.
F. Copyright in all documentation provided under this contract is reserved by KISSHR, without whose written permission it may not be reproduced or modified.
G. The Client authorises KISSHR to operate this contract from the date signed and declares the information is true and accurate in every respect and no material fact has been misstated or suppressed.
H.The required written notice period is dependent on the length of the initial contract period, as follows:
- if the initial contract period is 1 year or less, the required written notice is 1 month; or
- if the initial contract period is greater than 1 year, the required written notice is 3 months.
I.1 month prior to the commencement of the applicable written notice period, KISSHR will provide notice of the automatic renewal to the main contact email address nominated in the initial contract.
M. KISSHR agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which they have obtained, except as authorised by the Customer. This obligation will survive indefinitely upon termination of this contract.
N. All notices, requests, demands or other communications required or permitted by the terms of this contract will be given in writing and delivered to the Parties of this contract via email.
O. In the event a dispute arises out of or in connection with this contract, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State.
P. Use of the product Donesafe will be in accordance with the terms and conditions available on the Donesafe website www.donesafe.com.
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