Terms & Conditions

These Terms & Conditions apply to all users of the ProjectNPS.com website and the ProjectNPS Service. We may modify and update these Terms & Conditions at any time, without notice. You need to ensure you review the Terms & Conditions from time to time. In using the website and Service and signing up for a subscription, you agree to be bound by these Terms & Conditions.

Definitions

“Confidential Information” means all confidential proprietary and copyrighted material provided to you which is non-public relating to our business, analyses, technology and includes all valuation models, data and derivative tools.

“Content” includes any and all material, links, words, addresses, and information you provide to us, or that is provided to us by those you survey, to enable us to provide the Service.

“Service” means any survey, collection of information, including all data, results, information, analyses and other products and services we may provide to you over the course of your subscription.

“Subscriber” means a subscriber to the Service described on this website.

“The website” means ProjectNPS.com and all its subdomains, e.g. app.projectnps.com.

“We”“our” and “us” means Colin D Ellis (ABN 95 689 121 187).

“You” means the Subscriber to our Service and by subscribing, you agree to these Terms & Conditions.

Subscriptions

The ProjectNPS Service is cloud-based software delivered electronically to you to help you measure and improve the project management capability of your organisation. To gain access to the Service, you must first register online as directed by us.

There is a minimum term of 12 months for all subscriptions to the Service.

For new customers, the subscription term commences on the day that payment for the subscription is received. Renewed subscriptions begin on the anniversary of the date that this first payment was received. Payments for renewals must be received before the new subscription term begins.

ProjectNPS calculates and tracks Net Promoter Scores at four levels – Projects, Programs, Portfolios and for one Organisational Unit (a collection of Portfolios). Each Organisational Unit has its own Administrator (to manage the configuration of the ProjectNPS system for that Organisational Unit) and will be provided with its own twice-yearly report based on analysis of the survey data for that Organisational Unit. For licensing purposes, a separate subscription is required for each Organisational Unit.

Cancellation & Renewals

Should, during your subscription term, you decide not to renew your subscription, you must email us at support@projectnps.com at least 14 days before the end of your subscription term.

If there is no cancellation notice provided 14 days prior to the end of your subscription term, your subscription will automatically renew for another 12 month term on the same terms.

Payment for the renewal must be received before the first date of your new subscription term.

You are solely responsible for cancelling your subscription.

Please note, we do not provide full or partial refunds for unused periods within the subscription term. We do, however, at all times, abide by Australian Consumer law in the provision of refunds and warranties. Should you have any problems accessing our Service or other issues, please let us know immediately

Termination

We may terminate your subscription at any time:

We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms & Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the Service immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

Agreement for Subscription Services

To be eligible to subscribe to our Service, you acknowledge and agree to the following:

  • You own, are responsible for and have the right and permission to use the Content for and in relation to the Service. If you do not own or have the rights to use the Content, you must first obtain the permission of the owner prior to its use. You agree to indemnify us and take over any claim of any third party, directly or indirectly related to the use of any Content in relation to the Service.
  • You confirm that you have the right to provide us with the email address of the individuals who you wish to survey and those you wish to collect feedback on (e.g. Project Managers) in order to use our Service. By providing this information to use our Service, you indemnify us against any claims which may arise directly or indirectly as a result of the information you provide to us.
  • We are only providing you with facts, information, insights and ideas to assist you. You need to decide what may work best for your own business and needs. We do not have your individual business facts or situation in mind when we provide this Service. Our Service is not intended as, nor should it be construed as advice and we recommend that you contact a professional advisor if you would like information or advice that takes into account your business goals and situation.
  • We do not warrant, promise or guarantee that any of the information we provide from the Service will increase your revenue, profit or otherwise change your business in a positive manner. We are only providing information for your consideration from the Content you have provided to enable the Service results.
  • You are not to share, re-create, or otherwise reproduce the information on or provided through the website, or otherwise transmitted to You by us except as agreed in these Terms & Conditions and as intended. In particular, you are not to sell, re-sell or otherwise provide our Service in any way, manner, medium or create derivative works to any third party. No reproduction, distribution or transmission of the copyrighted material on the website or Service is permitted without our written permission which may be granted in our sole discretion.
  • You will not transfer, sublicense or grant access to any part of our Service to any other person, company, business except as agreed in these terms.
  • You will use our Service in good faith and will not manipulate, alter, circumvent, or in any way use our Service in an unlawful manner or for unlawful means, whether direct or indirectly.
  • We may, from time to time, be required to review your Content to comply with our legal obligations. If your Content is illegal or breaches these Terms & Conditions, we may remove and delete some or all of the Content. We may also prevent access to, delete or refuse to provide to you any Content which violates any law or these Terms & Conditions. We have no obligation otherwise to monitor or review any Content at any time.
  • We make no warranty that the website or Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website and Service are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website or Service becomes unavailable for any lengthy and unusual time period.
  • You agree and acknowledge that the website and Service uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
  • You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website or Service.

Modification of Content

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms & Conditions.

Liability

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the website, the Service or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the website and access to or inability to use the website or Service. You assume all risk in using the Service and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

In any case, our liability to you will not exceed the amount actually paid by you to us in the last twelve months.

Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

Intellectual Property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Colin D Ellis.

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms & Conditions grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Service.

You agree and acknowledge that we retain all right, title and interest in the Service, including but not limited to the inventions and intellectual property rights contained or embodied within the Service.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Confidentiality

You agree not to disclose any Confidential Information to any person except your employees that have signed a written confidentiality agreement with similar or more restrictive obligations as set out in this clause. In addition, you have made them aware of the duty of confidentiality and to only disclose Confidential Information necessary for authorised use and for the sole purpose of assisting you in your business as agreed prior with us.

You undertake to ensure that other persons do not gain access to the Confidential Information other than as permitted under this clause. You may only disclose the Confidential Information (to the extent reasonably necessary) to your legal advisors in relation to your rights and obligations under these terms or where such disclosure is required by regulation or law provided you have first notified us.

Governing Law

These Terms & Conditions are governed by the laws of Victoria, Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia for determining any dispute concerning these Terms & Conditions.


 

Last updated: 1 June 2016