Terms & Conditions

The definition of “Client” used in this document pertains at all times to the organisation that is the intended party requesting service/s from AppsWiz.
The Client shall be solely responsible for ensuring that the message and phone numbers they are to broadcast with a link to The Clients Mobile Application are accurate.
Any offer made by AppsWiz is limited to the duration advertised or in the absence of such time or in the event of any error or omission shall be valid for 24 hours from when it first appeared unless AppsWiz in its sole discretion decides to change the extent or duration of any offer.
AppsWiz ACN 142 341 679 is authorised to issue Recipient Created Tax Invoices (RCTIs) in respect to the services outlined in this proposal.
Any reference to a sum charged by AppsWiz is in Australian Currency and is subject to the addition of Australia’s Goods & Services Tax (GST).
AppsWiz acknowledges that it is registered for GST when it enters this agreement and will notify The Client if it ceases to be registered.
The Client acknowledges that if it is required pursuant to Australian Law that it is registered for GST when it enters this agreement and will notify AppsWiz if it ceases to be registered.

Indexation

All rates are indexed to increase at 5% annually on January 1 each year.

Purchase Of SMS Credits

In the event that The Client purchases credits in advance for the number of SMSs to be used in conjunction with The Client’s Mobile Application acquired from AppsWiz then they shall be used within 12 months of purchase or those credits will cease to be effective.

AppsWiz Standard Offering

This proposal covers the deployment of standard applications components only. Should any customised development be required, a specification and development estimate will be provided and approved by The Client prior to any development work being undertaken.
These terms and conditions cover the template of specific services offered online by AppsWiz.
In the event of there being customised development work, the quotation provided will be a best estimate based on current understanding at the time of quotation and with a view of it not taking more than the number of days of development effort quoted. In the event of it taking longer because of the need for additional resources or variations by The Client the standard rates of AppsWiz will apply.
It is understood and agreed by The Client that issues can occur and that in the event of any customer complaint or concern The Client shall refer it, or them, to AppsWiz. This will not be a basis for voiding the contract or withholding payment.
Unless agreed by both The Client and AppsWiz it is agreed that the branding of AppsWiz shall be included.
It is understood by the Client that the AppsWiz product will operate on iPhones and iPads only.
AppsWiz warrants that the service shall be performed with reasonable care in a diligent and competent manner.
To the fullest extent permitted by law, this clause is AppsWiz’s only warranty concerning the services and is made expressly in lieu of all other warranties and representations, express or implied, including warranties of merchantability, non-infringement or fitness for a particular purpose, or otherwise.
AppsWiz does not warrant and is not responsible for any third party products or services, including delivery of messages by carriers once they leave the AppsWiz gateway.
Any programming to The Clients app or other, service changes of or incidental to their app or support of The Client may be charged at AppsWiz's hourly support rate of $250 per hour or part thereof.
Operating third party charges are subject to changes in legislation and/or carrier costs and policies. AppsWiz will notify The Client of any such changes as soon as practicable thereafter.
All services charges are based on AppsWiz standard reporting being provided. Additional reporting requirements may incur additional charges.
The monthly charge assumes reasonable use. Should there be third party charges added such as for the provision of an inventory feed these shall be added to the monthly charge and may be subject to a further charge of $5 per month at the discretion of AppsWiz which will be communicated as soon as practicable.
Should data charges in relation to The Client’s app exceed the monthly sum AppsWiz may at its discretion pass on those charges together with a margin of 20%.
In the event that the client requires AppsWiz to build its app on the AppsWiz solution then the client shall be liable to pay a sum of $99 to AppsWiz.
Any client of AppsWiz shall be afforded a 30 day money back guarantee on the establishment charge of their AppsWiz mobile app providing such claim to AppsWiz is received within 30 days of the payment being made. Such money back guarantee excludes any payments made to Apple for applying for approval of the mobile app to be available on the App Store. Such refund guarantee does not apply to the cost, if any, of building the mobile app. It does not apply if the app has been acquired as a result of reward being paid for an affiliate program generating that sale.
For other than an offer for the template online offering of AppsWiz, upon signing of this proposal, 50% of the authorised template and any separately quoted customisation is due and payable. The balance of any sum due shall be invoiced in accordance with the completion of work.
For the online offering of AppsWiz payment is in advance. Otherwise, trading terms are strictly 14 days from date of invoice.
Other than when payment is required in advance due to being an online offer, rates quoted assume payment within 14 days of AppsWiz’s invoice date. In the event that payment is not made within the period of 14 days, a sum of 20% per annum shall be due from the date of the invoice until payment is received.
AppsWiz reserves the right to terminate the service if payment is not received within 45 days or for any reason in its discretion upon giving such notice to The Client. Further, in the event that the service is discontinued due to failure to pay, AppsWiz reserves the right to charge a reactivation fee if The Client requests in writing that the service be reactivated.
Subject to giving AppsWiz the right of further review and remedy with not less than 30 days notice, The Client has the right to appoint an auditor to inspect the records and 3rd party invoices to corroborate any volumes or charges deducted and revenue claimed by AppsWiz which AppsWiz is entitled to pass on to The Client. Should AppsWiz's figures be inaccurate by 20% or more, AppsWiz will rectify the difference and be liable for the auditor's fee.
Mobile number provisioning and 3rd party services as required will be calculated per month or part thereof.
AppsWiz reserves the right to levy a Wasted Service Call-Out (WSC) charge of $250 per hour or part thereof, where it has been deemed "reasonable" to expect that The Client could have located the cause of the fault and taken "reasonable" steps to rectify the situation, and this has not occurred.
The effective start date for operation of the system will be no later than 2 weeks from the date of an online order or signing this proposal, unless the service is offered earlier in which case that shall be the start date.
By completing the online order or signing the Authorisation to Proceed form, The Client accepts these terms and conditions and agrees to be bound by them.
By completing the online order or by signing the authorisation to proceed you are acknowledging on behalf of your organization that you have its authorization to enter this agreement upon these Terms and Conditions.
Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify AppsWiz for any infringement on such copyright.
AppsWiz reserves the right to withdraw from any request to provide services or from a proposal, at its discretion, where in the opinion of AppsWiz Management, excessive modifications and or additions to the initial brief have been requested by The Client.
Any reference to SMS in these Terms and Conditions is only applicable in the event of provision of SMS service to The Client by AppsWiz
The Client will be responsible for all costs incurred from the use of their account and where such use relates to SMS The Client will be charged one credit for every 160 characters (or part thereof) used in a message up to a maximum of 6 credits for 960 characters.
In the event of carriers or 3rd party providers of SMS services charging AppsWiz more than is known at the time of promotion then AppsWiz will have the right to pass such additional charges on directly to The Client.
Where the service is premium rate SMS it is assumed that only Message Origination charges apply and not Message Termination service/s being supplied. In the event of Message Termination Services applying these shall be charged for by AppsWiz at its standard lowest volume rate of not less than 12.5 cents per sms in Australia and an addional 7.5cents for overseas termination.
Any monthly charges will be billed per month pro-rata. 46. AppsWiz’s Customer Service and Technical Support can be reached by calling Australia 1800 638 369.
Nothing in this proposal shall give any action against AppsWiz other than non-payment of revenue received, where applicable, and in any event the most claimable against AppsWiz for whatever reason arising out of contract, tort or occurring from the relationship established between the parties herein shall be not more than $100 as an accumulative total sum up to and including such claim.
All ideas and suggestions of AppsWiz shall remain the property of AppsWiz whether promoted and used as a result of this Agreement or not.
In the event of the termination of any service or services arising from or incidental to this Agreement or introduced by AppsWiz it is agreed that ownership of the Intellectual Property giving rise to such service or services shall remain the property of AppsWiz. This excludes any pre-existing Intellectual Property created by The Client such as trademarks, logos or copyright information.
Any request to cancel a service must be made in writing and forwarded to servicecancellation@appswiz.com. Any such request must be made with a notice period of at least thirty days, and must include “Service Cancellation” in the subject line of the email.
Cancellation of any service does not expunge the client from any reasonable rights or obligations stipulated in this agreement.
Any intellectual property such as copyrights, trademarks and patents developed by AppsWiz in the creation of this proposal and the development of services for The Client remain the property of AppsWiz.
Any internet domains, phone numbers or other addresses that AppsWiz establishes and maintains in the operation of the services remain the property of AppsWiz.
Any app designs or app functions or recommendations or other intellectual property arising from this Agreement and/or the Services outlined herein continue to be held by AppsWiz or its nominee.
The Client has clear and undisputed ownership of any customer data stored by AppsWiz in the operation of the services during the term of this agreement. AppsWiz warrants that it is in compliance with all relevant privacy and other data storage laws.
In the event that the service provided by AppsWiz to The Client is terminated AppsWiz shall not be required to facilitate the data, unless on mutually agreed terms, to The Client or any third party and shall within 7 days of such termination becoming effective destroy all of The Clients data.
Both parties to this Agreement are entitled to promote reference and the logo or logos of the other party on their web site and newsletters and public relations. Each party will have the on-going right to place links to the other party’s web site and references on their relationship on their own web site.
AppsWiz will have the right to represent to clients and prospects that The Client is a client of AppsWiz and to describe the services provided in any format of public relations and on its web sites at the discretion of AppsWiz providing that it does not cause any provable damage to the reputation of The Client. In the event of any provable claim of damage caused to a client this shall be reviewed in the entire discretion of AppsWiz and its management acting reasonably.
Any request to progress service provision by The Client to AppsWiz is deemed to continue until and unless it is terminated at the discretion of either The Client or AppsWiz.
All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered) all copyrights, (including copyright conferred by the Copyright Act 1968 (Cth)), all trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the services that The Client shall use belong to Appswiz. The Client obtains no rights to this intellectual property though using the services.
This shall become an Agreement between the parties once authorised by The Client.
In the event that the mobile app in this proposal is not approved by Apple’s App Store or any other Third Party store, it is agreed that the cost of development and other services in this proposal shall be due and payable to AppsWiz without deduction.
Neither party represents any guarantee of success in any way for any initiative or developed application.
Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify AppsWiz for any infringement on such copyright.
The Client indemnifies AppsWiz from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by The Client in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
The Client agrees to comply with all applicable federal and state laws as well as regulation and guidelines laid out by regulatory authorities when using AppsWiz’s systems.
The Client agrees to comply with the SPAM Act 2003 of Australia.
AppsWiz reserves the right to suspend or terminate a user’s account if, in its opinion a user has breached any laws or guidelines.
The Client is to provide its own hardware and internet connections required to use the service and are solely responsible for all costs and fees associated with that usage.
AppsWiz is permitted to assign or license its associated services to any third party without the prior consent or notification to The Client.
The Client agrees to include information on opting out of the service in all messages sent.
The Client does not have an exclusive right to use or distribute the service in any industry or territory.
In the event of any dispute between the client and AppsWiz it shall be determined by a Mediator and it is agreed between both parties that the maximum claim allowed against AppsWiz shall be not more than $397 being the standard cost of an AppsWiz mobile app.