Terms and Conditions of Supply
In these Terms and Conditions of Supply:
- “Customer” refers to the person or organisation who has signed up to use the BankVault Service.
- “Company” refers to BankVault Pty Ltd, the provider of the BankVault Service.
- “Service” means the provision and use of the software and service, the provision and use of all updates issued by the company from time to time, and the installation, technical support, accounting and billing services provided by or on behalf of the company.
Acceptance of Terms
The Company provides services to the Customer subject to the following Terms of Service (“TOS”), which may be updated from time to time by the Company without notice being emailed or directly communicated to the Customer. The Customer and the Company shall be subject to any posted guidelines, rules and recommended best practices applicable to the use of the services which may be posted and updated from time to time. All such guidelines, rules and recommended best practices are hereby incorporated by reference into the TOS.
Description of Services
BankVault is a suite of products and services provided by the Company for the purpose of delivering a temporary secure computing environment independent of the Customer’s local computer (the Endpoint Device). It can be delivered to the Customer as a Web service, an App service or a Device. The customer side is “pair-coupled” with a remote computing centre which delivers the service. This includes a rich collection of on-line resources and applications (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new functions and capabilities, shall be subject to the TOS. The Customer understands and agrees that the Service is provided “as is” and that the Company assumes no liability for how the Customer uses the service, the timeliness or the failure of the service to operate.
Payment, Commencement, and Term
The service is charged in advance and will be billed as soon as it is provisioned. Products or service may have a once-off payment, a payment plan with a series of periodic payments, or a recurring subscription. Where a product or service has a contract term the customer agrees to pay for the full term of the agreement, and if terminating early agrees to pay the balance of funds outstanding through to the end of the contract. Payment is by a recurring credit card authority and is charged each period in advance of the service. Unless stipulated, no refund is provided on the service. The company reserves the right to adjust pricing of any services at its discretion.
If a free service is provided to the Customer it is done so without warranty and the Company reserves the right to withdraw the free service at any time and without prior notice.
The Customer agrees to use the Service for the purpose it was designed for, being an alternative computing platform to perform online transactions securely and independent of the local machine. If the Customer abuses the Service or uses it to attack other systems then the Company, at its sole discretion, has the right to cancel the service immediately in which case the Customer agrees to pay on demand the outstanding balance of fees due to the completion of the term of the agreement. The Customer agrees that the Company may alter the limits of use for the Service. The Customer agrees that the Company reserves the right to disable accounts that are inactive for an extended period of time and that Company reserves the right to implement changes at its sole discretion, with or without notice.
Terms and Conditions of Supply
The Customer agrees to heed the warnings and recommendations issued by the company on the best practices to follow when using its products and services. The customer understands that failure to follow these practices could render the intended security solution ineffective.
No Resale of Service
The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the prior consent of the Company.
Equipment and Software
The BankVault service, its hardware and software are owned by and property of the company. They are provided to the Customer for the purpose of accessing the Service. The company retains full title to the equipment and software notwithstanding the Customer’s possession and use. The Customer agrees not to copy or reverse engineer the BankVault technology and to return any equipment and delete any software or data provided by the Company within 7 days of termination of this agreement.
Unlocking for Transfer to another Machine
If an account is locked to a specific machine then it can be un-locked and transferred to another machine by resetting the service. The account will then re-lock onto the first machine that it is logged in from. There is a protocol for customers to establish their proof-of-identity to ensure an account cannot be hi-jacked. A re-provisioning fee is charged to cover these costs on each reset.
Indemnity, Limitation of Liability and Exclusive Remedy
No system can provide 100% security against hackers and cyber criminals. The Customer acknowledges that online services including banking can be accessed from the open Internet and that the purpose of BankVault is to provide a more secure platform for transactions but it cannot stop the customer or other parties from accessing their online services from other devices. The Customer agrees and acknowledges that the BankVault Services are a valuable barrier to help prevent fraud but that any system working in conjunction with other systems could become compromised through various mechanisms such as network openings, physical office security, actions by internal staff, social engineering and other means. The Customer acknowledges that the Company provides the BankVault Services “AS IS” and with best effort but otherwise the Company has no say in how the Customer uses the system and so the Company takes no responsibility for any loss or damage suffered by the Customer, including as a result of any wilful or negligent act or omission of any Company officers, employees or agents.
The Customer agrees to irrevocably release the Company, its officers, employees and agents from any legal claim for breach of contract, breach of statute, negligence, supply of an ineffective service, or any other cause of action whatsoever. Except as provided to the contrary by Legislation, the Customer agrees that the Company is not under any liability to the Customer in respect of any loss or damage which the Customer may suffer from the provision of the Service or its inability to do so. The Customer irrevocably releases the Company from any and all claims for any loss of business, personal discomfort or any other damages arising directly or indirectly from or alleged to have arisen from the loss of money, data, corruption of data, or non-provision of services to the Customer or any third party. If by Legislation the Company is required to give a warranty for the Service then the Customer agrees that the Company’s liability for any breach of such warranty is limited to (a) the supply of the BankVault service again or (b) payment of the costs of supplying the BankVault service again within the current month.
Except as provided to the contrary by Legislation, the Customer agrees that the Company is not under any liability to the Customer in respect of any loss or damage which the Customer may suffer from the provision of the Service or its inability to do so. The Customer irrevocably releases the Company from any and all claims for any loss of business, personal discomfort or any other damages arising directly or indirectly from or alleged to have arisen from the loss of money, data, corruption of data, or non-provision of services to the Customer or any third party. If by Legislation the Company is required to give a warranty for the Service then the Customer agrees that the Company’s liability for any breach of such warranty is limited to (a) the supply of the BankVault service again or (b) payment of the costs of supplying the BankVault service again within the current month.
Neither party shall be held liable for any failure or delay in performance which is caused by circumstances beyond the reasonable control of that party including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labour disputes, water, acts of God, earthquake, flood, riot, embargo, government act, failure of the Internet, war, civil disturbances, terrorist acts, acts of military authorities, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts of omissions of communications carriers, unauthorised use of the Services, or other causes beyond the party’s control, whether similar to the foregoing or not.
You agree that your sole remedy for any breach of this these Terms and Conditions of Supply by the Company or any of its affiliates or agents shall be, at The Company’s option, (1) substitution, correction or replacement of all or part of any information, tool, report, service or other item from or generated through use of the BankVault system or any tool relating or giving rise to damages incurred by you in reasonable reliance on the Company, or (2) refund of the amount that you or your Company paid (if any) for the particular use of the BankVault system, information, service or tool in an amount that does not exceed the damages incurred by you in reasonable reliance on the Company. You also agree that the damage exclusions in these Terms is a limitation of liability shall apply even if any remedy fails of its essential purpose.
All tools, information and services on or available through the BankVault system are now and hereafter made available by the Company, its affiliates or agents “AS IS”. The entire risk as to the satisfactory quality, performance, accuracy and effort is with the Customer as to all matters, including (without limitation) with respect to the BankVault system, all information, tools, and services. Except for duties of good faith, the Company disclaims all warranties, conditions, and duties of any kind, including but not limited to any implied warranties of merchantability or fitness and any duties of workmanlike effort or lack of negligence. Also, there is no warranty against viruses or of title or against interference with your enjoyment of the system, its content or any tool, or against infringement.
No Incidental, Consequential or Certain other Damages
To the full extent allowed by law, neither the Company nor any of its affiliates or agents will be liable to the Customer and/or any other person for any consequential or incidental damages (including but not limited to damages relating to lost profits, breach of a contract, loss of privacy or for failure to meet any duty including but limited to any duty of good faith, lack of negligence or of workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the BankVault system, any tool or any content or service available on or through the BankVault system, or to any breach of these Terms and Conditions of Supply, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence), strict or product liability, misrepresentation or other reason.
Cancellation or Termination
The Company is entitled to immediately terminate this agreement without any requirement to notify the Customer in the event that: (a) the Customer has breached this agreement, (b) the Customer becomes bankrupt, goes into Administration, Receivership, Receivership and Management, or Liquidation, (c) any account payable by the customer remains unpaid for a period in excess of 14 days after its due date for payment, (d) for any other reasonable matter that the Company at its complete discretion may decide.
The Company is entitled, without notice, to suspend the Customer’s Service if their account is overdue. Re-connection is at the Company’s complete discretion and will incur a re-provisioning fee.
The Company reserves the right, at its complete discretion, to revise and change these terms and conditions at any time by posting new or revised terms on the Site. The Customer’s continued use of this site and services following the posting of changes to these terms and conditions means the Customer accepts the changes. It is the Customer’s responsibility to check periodically for any changes which may be made to these terms and conditions of service.
The Company uses the highest level of encryption and security technology that available to us so that any data traversing the Internet is fully encrypted. Most security risks, however, are attributed to the way users manage their information and access their accounts. We strongly recommend that our customers never share their account with other people, nor divulge or write down their login details anywhere. Security requirements are constantly changing and as a result, we cannot provide a guarantee. Please check our blog for update messages, tips and tricks, and additional releases you can take advantage of.
Goods and Services Tax
The Company will provide the Customer a tax invoice in a form that complies with Australian GST Law. If any other supply made by a party under this agreement is subject to GST, the supplier may, in addition to the consideration for the supply, recover an additional amount on account of GST from the recipient.
The Company may at any time assign, charge or otherwise deal with its rights under this agreement. The Customer must not assign any of its rights or obligations under this agreement without the prior written consent of the Company.
Governing law and jurisdiction
This agreement will be construed in accordance with the laws of Western Australia and the parties submit to the exclusive jurisdiction of the courts of Western Australia and any courts which may hear appeals therefrom.
On-site technical support may be provided on a time/materials consultancy basis by independent third parties. The Company strongly recommends the Customer only engage accredited and approved BankVault support consultants. The Company may provide a list of accredited support consultants and the Customer agrees that the Company is not responsible for the quality of training or work carried out by these consultants who are independent of the Company. The Customer is responsible for paying any independent support consultants directly.