PracticePulse is a service from Catapult Interactive Pty Ltd (“PracticePulse”, “us” or “we”).
Acceptance of Terms
Welcome to PracticePulse website and maintenance service. Your use and access to the website and hosting services, communication and marketing tools, marketing campaigns, mobile applications, and ecommerce tools, consulting, support & maintenance plans and other services (collectively the “Service”) is subject to these Terms of Service (“Terms”). These Terms are the entire agreement between you and us. These Terms will also apply when you use the Service on a trial basis. By using the Service in any way, you agree to, and accept these Terms. If you are using our Service for an organisation, you are agreeing to these Terms on behalf of that organisation. If you do not agree to these Terms, do not use the Service.
We reserve the right to update or amend these terms from time to time.
Updated: 23 September 2019
You can view the most current version at practicepulse.com/about/legals
Your account and support & maintenance plans
Some of our Services are provided on a subscription basis. You acknowledge that you will be invoiced and liable to pay for such subscription Services.
You are responsible for maintaining the security and confidentiality of your account, and for all activities that occur under your account or in connection with your Services. You agree to immediately notify us in writing of any unauthorised uses of your account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this obligation. You acknowledge and agree that under no circumstances will we be liable in any way, for your acts or omissions or those of any third party, for damages of any kind incurred as a result of such acts or omissions.
Fee, payment & trials
Your support & maintenance Services will continue until cancelled.
We offer various Services, with different inclusions and features. Any setup fees are invoiced and payable prior to setup. Support & maintenance fees commence once website setup and configuration is complete, even if you choose to delay the launch of your new website for various reasons.
Our Services are based on Australian dollars. 10% GST will be added for Australian clients. Non-Australian clients will be billed according to the exchange rate at date of invoice (rate provided by Citibank N.A.). Fees and charges are subject to change. Refer to our website (https://practicepulse.com/) for most current pricing.
Payments to be made through Direct Debit (via credit card or nominated bank account). Cheque payments not accepted. Payment terms strictly 14 days net for all invoices.
Non-payment, termination & cancellation
One-month written/email notice is required to cancel your support & maintenance Services.
We reserve the right to suspend or immediately terminate Service due to, but not limited to: publishing private, illegal, defamatory, obscene, slanderous or inappropriate materials, fraud, copyright infringement, default or non-payment for Service, or abusive use of our website and email services.
Once your Services are terminated (whether by request, default or non-payment), your website (and all related material), access to the Management Console, website hosting and email accounts will be disabled and/or permanently removed from our servers. We accept no liability for lost information or content.
If you wish to opt out of your support & maintenance Service but wish to keep your website, there will be a buy-out fee, as priced on our website. Upon payment of the buy-out fee, we will hand over a backup of all your website files and database (as hosted on our servers), so you can upload and host it by yourself. Note that we will remove any of our proprietary software and other plugins that we used for managing your Services, and assign your primary user account as “administrator”. Unless agreed in writing, we are not able to provide assistance in configuring your own hosting environment or migrating your website.
Supply of content
“Content” comprises all material, information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you make available via the Service. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post or provide. You warrant that you have the necessary rights, permissions and releases to post any Content that you supply to us or upload or update or keep yourself and that the information supplied is accurate, and shall indemnify us against any loss, claims, damages or expenses arising out of or in connection with any breach of this warranty.
Themes & branding
We offer a selection of design themes for you to choose from. Each theme comes with a choice of options. These themes enforce certain layout restrictions and may not offer flexibility for some types of customisation. These themes are not for exclusive use.
We will provide you with a password protected Management Console to manage your website and its features. Your access will be limited, and not “full administrator”, since this level of access is only granted to employees and representatives of PracticePulse. This enables us to maintain your Services effectively and ensure proper security. If you need full administrator access, you will need to buy out your website and cancel your Service to host your website yourself.
The Management Console will enable you to add/edit/delete your own pages, edit/delete your newsletters, manage your blog posts and categories, manage your photos and PDFs and turn on/off various settings for your website.
You accept that the disclaimer at the bottom of each page of your website is suitable, otherwise provide us with an alternative. It is your responsibility to ensure that any activity (including but not limited to advertising, offers, claims, testimonials, newsletters and mail outs) conducted via the website in any form is acceptable by your governing bodies and that you comply with them. You assume all responsibility for any consequences resulting from the ideas, opinions, marketing activities, possible errors, omissions or claims that take place on or are included in the website.
Content libraries & newsletters
Depending on your Service, you may have access to our Content Libraries and/or our newsletters.
We are not health professionals. We do not guarantee or warrant the material provided in the Content Libraries or newsletters are accurate or fit for purpose. They are offered as a starting point for you. Some content may be derived from publicly available sources. You are responsible for reviewing all the content (including images) included on your website, otherwise review, amend, disable or delete as you see fit. You accept that by allowing any such Content to remain on your website, you approve of it and take responsibility for it.
Material offered to you in our Content Libraries and newsletters are copyrighted to PracticePulse. If your Service includes these, you are simply granted a license to use / repurpose this material for commercial purposes. Royalties are included in your monthly subscription to the Content Libraries. Use of this material in any form beyond cancellation of your PracticePulse Services or subscriptions will be deemed copyright infringement. You agree the value of each item, page or newsletter in the Content Library is AU$200+GST.
Search engine visibility
Whilst your website is constructed to be search engine friendly, we have no control over search engines and cannot guarantee if or when your website will be indexed by search engines or how high your website’s ranking will reach. We can provide you with advice on improving search engine results for your website.
We may help you choose and register a new domain name, OR help coordinate the delegation of your existing domain name so that it may be used with your new PracticePulse website.
We may offer to cover the registration fee and renewals for one domain name. In such case, the domain name will be registered in your name and is yours to keep, and as such you will be responsible for monitoring its validity.
Failing to renew a domain name when due may result in disruption to your website and email services. Furthermore, it may become deregistered and available for someone else to take ownership of your domain name. We will not be liable for missed renewals for any domain name.
Website & email account hosting
We will host your website on our servers. We will perform necessary upgrades and maintenance on our servers as required. FTP (File Transfer Protocol) access to the server will not be provided.
We may host your email accounts (with your domain name) where required. Email accounts will be limited to 25GB storage each.
Third party services, software & websites
Your PracticePulse website has means of integrating with services and software from third parties, such as CRMs, practice management systems, booking systems and others. This is provided for convenience to you only, without implied endorsement for them.
We are not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website, whether or not you were linked to or directed to them through us. Your use of any third party materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not integrate or use the third party Materials.
You assume sole responsibility for and shall indemnify, keep indemnified and hold harmless, us and any related bodies corporate, shareholders, officers, directors, employees, agents and assignees from any and all claims, liabilities, losses, expenses, responsibility and damages, including all legal costs and expenses on a solicitor/client basis, we may incur as a result of or relating to its relations with its suppliers, customers and other third parties; or any breach of this Agreement by you.
Limitation of liability
Other than as provided for in this Agreement we shall not be liable to the client whether in contract (including under any indemnity or warranty) in tort (including negligence, under statute for any Loss or damage, whether direct, indirect, secondary or consequential, whether or not reasonably foreseeable, reasonably contemplatable caused as a result of reliance by the client or any third party on the Service or its results.
The provisions of this clause shall not apply insofar as their application is prevented by the Trade Practices Act 1974, and in that event we rely on Section 68A of the Trade Practices Act to limit its liability to the cost of re-performing or refunding the cost of the Services to the client.
If we shall be held to be liable to the client in contract including under any indemnity or warranty, in tort (including negligence), under statute or otherwise for any loss or damage, cost or expense whatsoever and howsoever arising in connection with this Agreement, such liability shall be limited to and shall not exceed the aggregate total of the fees actually paid by the client to us (and received by us) pursuant to this Agreement.
We shall not be liable for any delay in performing an obligation if such a delay is caused by circumstances beyond its reasonable control and we shall not be liable for and shall have no responsibility in respect of the acts, omissions or defaults of its sub contractors and third party products.
Any action against us in connection with this Agreement must be commenced within four calendar weeks of the cause of action arising.
In the case of a breach of Agreement or any negligence for which we are responsible or a breach of condition or warranty that prohibits us from excluding (which condition or warranty shall be included in this Agreement), our liability to the client shall be limited to supplying the service again or the payment of the cost of having the services supplied again.
We may provide notices to you via either email, regular mail, newsletters or your website management console. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
This agreement is governed by Australian law, in the state of Victoria. You agree that all warranties expressed or implied by statute, common law, equity or trade custom or usage or otherwise howsoever are to the extent permitted by law excluded. Except only for those rights and remedies that you have in respect of the Services under the Trade Practices Act 1974 (Cth), Fair Trading Act 1984 (Vic) or the Goods Act 1958 (Vic) as amended, or any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified:
– The Services are provided for use by us on an as is where is basis and all conditions and warranties, whether statutory or otherwise, are excluded in relation to the Services;
– Without limiting above clause, we warrant that it will provide the Services with reasonable care and skill. We make no express or implied representation that the equipment is fit for purpose or that the equipment will not cause harm or injury whether direct or indirect to any person who uses or otherwise comes in contact with any product in respect of which the Services are being used, utilised or involved whether directly or indirectly in the course of its manufacture; and
– We are not liable to the client for any loss which includes any damage, loss, claim, liability, cost or expense (whether direct or indirect, consequential or incidental for any loss including loss of profit, revenue, anticipated savings, contract, opportunity or goodwill (the “Loss”) which the client suffers, incurs or is liable for in connection with the use of the Services under this Agreement.
While we do not guarantee availability or completion of Services, we will use reasonable endeavours to complete.