Terms of Service
By using the fieldfolio.com website (including any subdomain) and the services provided through it (together, the "Fieldfolio Service"), you agree to be bound by these terms and conditions of service (“Terms of Service”).
Fieldfolio Pty Ltd (in these Terms of Service, referred to as "Fieldfolio" or "We") reserves the right to vary these Terms of Service from time to time without notice. We also reserve the right to change the Fieldfolio Service from time to time without notice, for example by the introduction or deletion of features. Your continued use of the Fieldfolio Service will constitute your consent and acceptance of such changes.
Fieldfolio reserves the right to terminate, at any time, your Fieldfolio account if any of these Terms of Service are violated by you or any user authorised by you to use the Fieldfolio Service. You are wholly responsible for any content uploaded or posted to the Fieldfolio Service by you or any user authorised by you. You agree that you will use the Fieldfolio Service at your own risk.
- Your principal login and any rep logins may only be used by one person each. You are not permitted to share logins between two or more people.
- You are wholly responsible for maintaining the security of your account and password. Fieldfolio will not be liable for any loss or damage arising directly or indirectly from your failure to keep your login information absolutely secure.
- You are wholly responsible for all content uploaded or posted to the Fieldfolio Service through your Fieldfolio account. This includes any content which is uploaded or posted by any user authorised by you to use the Fieldfolio Service, or by any user authorised to access your Fieldfolio Service data through the Fieldfolio iPad app.
- You must not use the Fieldfolio Service for any illegal or unauthorized purpose. You must not, in the use of the Fieldfolio Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments, Trial Accounts, Invoicing, Upgrades and Downgrades
- A valid credit card is required for all paid subscriptions and you agree that your credit card will be billed automatically by us in accordance with the terms below.
- If you initially sign up for a trial account, and you don't cancel that account within 30 days, you must pay for your trial period's usage on the 30th day after your account was initially created. If you do not pay for the first month's usage, then you cannot be transitioned to a paid subscription and your use of the Fieldfolio Service will be terminated immediately. If you cancel you trial account prior to the 30th day after your account was initially created, then you will not be charged and you have no payment obligation to Fieldfolio.
- An upgrade from a free trial account to a paid subscription will immediately end your free trial and a monthly billing cycle will begin from that date.
- The Fieldfolio Service is billed automatically via credit card in arrears on a monthly basis and, to the extent permitted by law, is non-refundable. Note, however, that if you are an Australian consumer you may have rights of refund or other remedy under the Australian Consumer Law, for example in relation to due care and skill or fitness for purpose, and we do not seek to exclude those rights in any way.
- Your subscription level, and the monthly fees payable in respect of your use of the Fieldfolio Service, will be determined by reference to the maximum number of rep accounts for which you have subscribed. If you do not actually activate that maximum number of rep accounts, then you will still be charged for the maximum number. The Fieldfolio Service is not billed according to how many rep accounts you have actually activated.
- Upgrades and downgrades in your subscription level (ie. the maximum number of rep account available to you) during a billing month will be pro-rated at the end of the monthly billing cycle and reflected on your statement / tax invoice and in your final automatic credit card payment.
- In Australia, all Fieldfolio Service fees exclude GST. GST will be added for all accounts with an Australian billing address. In other jurisdictions, all Fieldfolio Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Fees for the Fieldfolio Service are subject to change.
- You are solely responsible for canceling your account. You can cancel your account at any time by clicking on the Accounts & Settings tab and clicking on the Cancel Account link or button at the bottom of the page.
- If you cancel your Fieldfolio Service account, all of your data will be immediately deleted from the Fieldfolio Service. Your data cannot be recovered once your account is cancelled. We will not be held liable for your choice to cancel your account and delete your data in this way.
- If you cancel your Fieldfolio Service account before the end of your current billing month, your cancellation will take effect immediately. However, because the Fieldfolio Service is billed in arrears, you will receive a final pro-rated statement / tax invoice at the end of the billing month and your credit card will be billed automatically in the amount of that statement / tax invoice.
Changes to Fieldfolio Service and Fees
- We reserve the right to update, modify or discontinue the Fieldfolio Service (or any part of the Fieldfolio Service) with or without notice. We will not be liable to any you or to any third party in respect of any update, modification or disconintuance of the Fieldfolio Service.
- The fees payable in respect of the Fieldfolio Services are subject to change upon 30 days notice.
- All content uploaded or posted on to the Fieldfolio Service is must comply copyright law in your jurisdiction.
- You agree that you will use the Fieldfolio Service at your sole risk. The service is provided on an “as is” and “as available” basis. We do not guarantee that the Fieldfolio Service will be available without interruption.
- You agree that in providing the Fieldfolio Service we will engage third parties to provide the necessary infrastructure including hardware and software, and that your data will be held by these parties where necessary.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Fieldfolio Service without the express written permission of Fieldfolio.
- You must not transmit to the Fieldfolio Service any computer code which is destructive.
- Fieldfolio absolutely does not expressly warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free. However, if you are in Australia your purchase of the Fieldfolio Service may be affected by rights which cannot be excluded. Fieldfolio does not seek to exclude these rights in any way.
- You agree that Fieldfolio will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Fieldfolio Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Fieldfolio to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
- These Terms of Service constitute the entire agreement between you and Fieldfolio and govern your use of the Fieldfolio Service, superceding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).
Release Given By Fieldfolio Service Users Not Based in Australia
You hereby release and forever discharge Fieldfolio (and its officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, the Fieldfolio Service.