Updated September 2017

1. Definitions

  1. "Customer" means the person or entity who ordered services provided by Webefinity.
  2. "Customer Service" means the relationship between Webefinity staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
  3. "Service" means the PleaseReply.me event invitation management web application.
  4. "Webefinity" means Webefinity Pty Ltd.
  5. "Profile" means the Customer profile information which may be accessed and updated by the Customer when logged into the Service
  6. "Event" means an event such as a party, gathering or soiree that has been entered on the Service. An Event may be associated with one or more Invitations.
  7. "Invitation" means an invitation to one Invited Party that has been entered on the Service. An invitation may have one email address and/or one mobile phone number to which Notifications may be sent.
  8. "Guest" means a person who has been invited to an Event and has been recorded on the Service.
  9. "Invited Party" means one or more Guests who has been included on an Invitation.
  10. "Launch" means the action of activating an Event which allows Guests invited to the event to use the Service to respond.
  11. "Event Plan" means the product that must be purchased before an Event may be Launched.
  12. "Event Plan Expansion" means the product that may be purchased to increase the limits imposed by the originally purchased Event Plan.
  13. "Email Credit" means the product that may be purchased to enable sending of email Notifications.
  14. "SMS Credit" means the product that may be purchased to enable sending of SMS Notifications.
  15. "Notification" means a notice or reminder message sent to the contact details recorded on an Invitation. Notifications may be sent via email or SMS.
  16. "Notifications Feature" means the feature of the Service that allows the Customer to send Notifications to the contact details recorded on their Invitations.
  17. "Online RSVP Feature" means the feature of the Service that allows Guests of the Customer to respond to invitations via the Internet by accessing the Service and recording their attendance.

2. Acceptance

  1. The Customer signified acceptance of our Terms of Service, as well as our Privacy Policy when they logged into our Service.
  2. The Customer acknowledges that they are solely responsible for ensuring that use of the Service is in full compliance with this policy, and that they are solely responsible for the data that has been uploaded or entered and distributed.

3. Communication

  1. The Customer agrees to receive emails relating to the Service provided from Webefinity to the email address registered on their profile, or any email address they have requested emails to be sent to.

4. Availability of Services

  1. While Webefinity will endeavour to provide continuous availability of the Service to the Customer, Webefinity will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).
  2. Scheduled maintenance will be performed at a time which is deemed suitable by Webefinity, and should it require any Services to be offline for greater than thirty (30) minutes, Webefinity will post details of the scheduled maintenance at least two (2) days prior.
  3. Unscheduled maintenance will be performed as required by Webefinity, and should the Service be offline for greater than thirty (30) minutes, Webefinity will post details of the maintenance and any updates until it has been completed. Details of these events can be found on our public Trello board at https://trello.com/b/TYn0YdI0.

5. Customer General Warranties and Undertaking

  1. The Customer warrants that any information supplied to Webefinity is true and correct and will be kept current and up to date on their Service profile page.
  2. The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.
  3. The Customer warrants that at the time of entering into this agreement they are not relying on any representations made by Webefinity, its staff, agents or affiliates, which has not been expressly stated in this agreement.
  4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their account and/or Service. These matters should be referred to the Australian Federal Police or your local law enforcement authorities for investigation as soon as possible.
  5. The Customer warrants that they will not abuse the Service and/or use it to distribute unsolicited emails that may be regarded as spam.

6. Webefinity General Warranties and Undertaking

  1. Webefinity shall not be liable to the Customer for harm caused by or related to the Customer's Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
  2. Webefinity shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
  3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Webefinity and any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
  4. Webefinity does not warrant that:
    1. The Service provided will be uninterrupted or error free;
    2. The Service will meet your requirements, other than as expressly set out in this agreement;
    3. The Service will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or any Webefinity system.
  5. Webefinity does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respoect to any goods or services provided under or incidental to this agreement.
  6. In no event will Webefinity be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7. Accounts and Billing

  1. The Customer may log into the Service and create their Profile free of charge.
  2. The Customer must purchase an Event Plan of sufficient size before they can Launch the Event to unlock the Online RSVP and Notification Features of the Service. The Event Plan may be purchased through the Service.
  3. An Event Plan limits the number of Invitations that may be added to an Event once it has been Launched. The Customer may purchase an Event Plan Expansion through the Service if more Invitations need to be added to their Event.
  4. An Event Plan is not refundable once purchased and may not be transferred to another Event.
  5. The Customer may pre-purchase Email Credits or SMS Credits to allow Notifications to be sent to the contact details they have entered on their Invitations.
  6. Email Credits and SMS Credits are not refundable once purchased.
  7. Unused SMS Credits may be used with other Events belonging to the Customer.
  8. All purchases are payable before the relevant Event Plans, Event Plan Expansions, SMS Credits or Email Credits are delivered.
  9. Webefinity only accepts payment by credit card. If a payment is successful the purchased Event Plans, Event Plan Expansions, Email Credits and/or SMS Credits will be applied to the Customer's account immediately.
  10. All published prices are inclusive of any government taxes and charges unless otherwise noted.

8. Credit Card Payments

  1. Payments for purchases are processed via the Stripe payment gateway service.
  2. Webefinity does not store or handle any of the Customer's credit details on any of their systems.

9. Refunds

  1. Webefinity does not offer refunds for purchases made through the Service.
  2. SMS Credits may be used with other Events created by the Customer and are valid for as long as the Customer has an account on the Service.

10. Cancellation

  1. The Customer can request cancellation of their Account for any reason by sending a request via the Contact form on the website.

11. Suspension and Termination of Service

  1. Webefinity may suspend or terminate the Service if:
    1. The Customer is found to be in breach of any policy including but not limited to the Terms of Service or any applicable Customer Agreement;
    2. The Customer has disputed payment transactions.
    3. The Customer has made payments that have been suspected to be fraudulent.
  2. If the Service is suspended or terminated for any reason, Webefinity is under no obligation to provide the Customer with a copy of any data associated with the Service.

12. Data Management

  1. Webefinity makes every reasonable effort to backup and archive the Customer's data on a regular basis for the sole purpose of disaster recovery.
  2. Webefinity is under no obligation to maintain a backup of the Customer's data following the suspension or cancellation of the Service for any reason.

13. Use of Identity

  1. The Customer agrees that the use of any Webefinity logo or company information is within approved marketing guidelines.
  2. Webefinity agrees not to use a Customer name, logos or information without prior written consent of the Customer.

14. Governing Law

  1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service delivered by Webefinity.
  2. The Customer agrees that these and all Webefinity Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

15. Changes

  1. Webefinity may amend these Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.
  2. Continued use of the Service constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service in line with our cancellation policy found within these Terms of Service.