General
By signing this document, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should ask for a refund prior to the commencement of the hosting term. The term “Freshfield” or “us” or “we” or “our” refers to Freshfield Properties Pty Ltd, the owner of the Software. The term “you” refers to the user or purchaser of our Software.

Acceptance of Agreement
You agree to the terms and conditions outlined in this Software Hosting Agreement ("Agreement") with respect to our software (the "Software"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Software. This Agreement may be amended at any time by us from time to time without specific notice to you.

Copyright
The entire code, content, graphics, design, compilation, functions, organisation and other matters related to the Software are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Software, except as allowed by “Permitted Uses” below, is strictly prohibited. You do not acquire ownership rights to any code, content, document or other materials delivered electronically to you as part of the Software. You have only purchased a licence to use the Software.

Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Software strictly in accordance with this Agreement; (b) to use the Software for “internal commercial” or personal purposes (to be used by employees, associates and consultants of your company, NOT your clients, customers or users).

Restrictions and Prohibitions on Use
Your license for access to and use of the Software and any information, materials or documents (collectively defined as “The Package”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by “Permitted Uses” above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Software or any part of The Package; (b) use the Software or any code obtained from the Software to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

Warranty, Guarantee & Support
We do not warrant or guarantee that the software is fit for any particular purpose other than stated on the website www.freshfield.com.au. If you modify any of the code contained in our software we can not provide any support to you and you waive your rights to receive further technical support and forfeit any monies paid for the support.

Hosting - General
You will be given access to a private system with the software installed and ready for your use. We will supply you with a web address, username and password to access the software. The administration of the system, inserting of data, uploading of documents and creation of users is your responsibility entirely. You will not be given direct access to the server, ftp access, control panel access or access to any of the web server configuration files. You cannot host any other content that is not directly related to the software, e.g. you cannot host your company website or documents not contained within the software’s database.

Hosting Term
The hosting term commences 48 hours after the receipt of this signed document by us. The hosting term is for a duration of 12 months. The hosting term can be extended by further option periods of 12 months if agreed in writing by both parties. The hosting fee will be reviewed prior to the commencement of each option period. The hosting fee must be received prior to the commencement of any option periods.

Hosting Dedicated Server
Our server is dedicated to hosting our customers’ software and database systems and is located in Perth, Western Australia. We cannot take any responsibility for unavailability of the server due to hardware malfunction or failure, operating system malfunction or failure, data centre malfunction or failure, internet service provider malfunction or failure or any other factors outside our control. Our server is covered by a hardware warranty contract at all times and we will do the best we can to make sure it is available 24 hours a day. However, we guarantee no minimum availability of the hosted software.

Hosting Technical Support
We will provide all technical support for the duration of the hosting term and subsequent option periods necessary to resolve any errors in the hosted software and to provide general advice about how to use the software, best practices and limitations. We will not provide any modification, programming, development or design work for customising the software in any way. Customisation work must be paid for in addition to the 12 month hosting fee. We will provide quotations based on your requirements.