Terms of service — Coassemble

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• Entity Report an error

  “Coassemble Pty Ltd ABN 92 616 882 047”

• Gst exclusive Report an error

  “All fees are GST exclusive. If you are located outside Australia you will not be charged GST.”

• Non refundable Report an error

  “The Fee is billed in accordance with the Customer’s applicable Plan cycle as set out on the Site, and is non-refundable.”

• No refund downgrade Report an error

  “There will be no refunds or credits for an incomplete Plan cycle, Plan downgrades, or for unused Accounts.”

• Free plan Report an error

  “We offer free Plans with paid features; the Fees for such features are payable in accordance with the amounts and payment terms set out on the Site.”

• Fee change notice days Report an error

  “The Fees are subject to change upon 30 days’ notice from us to you and will apply to the next Plan billing cycle.”

• Late payment interest Report an error

  “charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date”

• Reinstatement fee Report an error

  “Coassemble may suspend overdue accounts without notice to the Customer. A $300 reinstatement charge applies to reactivate any suspended account once full payment has been received.”

• Excess user overage Report an error

  “If the number of Authorised Users is exceeded, Coassemble may charge a Fee for each additional Authorised User as specified in on the Site.”

• Enterprise phone chat Report an error

  “Phone and live chat support is available to our Enterprise level Customers.”

• DPA available Report an error

  “If the Customer is required to comply with the GDPR and requires that Coassemble act as a data processor, the Customer may request and Coassemble may agree (in its sole discretion) to provide a data processing addendum (DPA).”

• Privacy laws Report an error

  “comply with its obligations under the Privacy Act 1988 (Cth) and, any other privacy and data protection laws applicable to it, such as the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR)”

• Location change notice Report an error

  “Coassemble may relocate the Data to another jurisdiction. In each case, Coassemble will give the Customer written notice and use all reasonable endeavours to minimise the effect of such change on the Customer’s access and use of the Services”

• Termination handling Report an error

  “promptly return to the Customer or destroy all property, including Confidential Information, Intellectual Property and Data in its possession that belongs to the Customer or, retain your content and reporting data for a period time permitted by law. This information will be accessible should you reactivate your Account.”

• Liability cap Report an error

  “Coassemble’s maximum aggregate Liability arising from or in connection with this Agreement (including the Services or the subject matter of this Agreement) will be limited to, and must not exceed, in any Contract Year, the total amount of Fees paid to Coassemble in the prior Contract Year, or, where no Fees are paid, $1000”

• Age minimum Report an error

  “You must not create an Account unless you are at least 16 years of age.”

• Headless addon Report an error

  “If the Customer selects the Headless Add-on an additional fee will be charged for each Authorised User user utilising the Headless Add-on.”

• Addon billing Report an error

  “a) For Customers on a free or monthly Plan, Add-on fees will be charged monthly. b) For Customers on an annual Plan, Add-on fees will be charged pro-rata for the remaining time in the current Plan year.”

• Scorm sharing Report an error

  “by setting your content to be shared publicly (through shareable weblinks, via SCORM or packages), you agree to allow others to view and share your content.”

• Development services Report an error

  “Coassemble may provide Development Services to the Customer in accordance with this Agreement in consideration for a Development Fee.”

• Customer content ownership Report an error

  “We claim no Intellectual Property Rights over the content of the material you use to create courses using the Service. Your profile and materials uploaded remain yours.”

• Foreground ip Report an error

  “Any Intellectual Property Rights created as a result of Development & Design Services (Foreground Material) will vest in Coassemble on creation”

• Third party hosting Report an error

  “Coassemble uses third-party service providers to host the Services.”

• Usage limits Report an error

  “There may be a limit to the aggregate file size of your content on the Service, and any such limit will be set out on the Site.”

• Bandwidth throttle Report an error

  “If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by us) of other customers, we reserve the right to immediately disable your Account, or throttle your Account until you can reduce your bandwidth consumption, or impose an appropriate Fee commensurate with such excess usage.”

• User notifications Report an error

  “When a Customer exceeds the current Authorised User tier allowance in its Plan, a notification will be sent to you immediately, and then after 2 days, notifying Customer of the excess usage on the Account.”

• Jurisdiction Report an error

  “Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales”

• Dispute overseas arbitration Report an error

  “where the Customer is incorporated, or as an individual or other entity habitually located, outside Australia, refer the matter to arbitration in accordance with the American Arbitration Association Rules. The seat of arbitration shall be Sydney, New South Wales.”

• Termination by customer Report an error

  “The Customer may terminate this Agreement and its Account at any time, and you will continue to have access to your Account and the Services through the end of your current Plan billing cycle.”

• Amendment by publishing Report an error

  “We may, at any time and at our discretion, vary this Agreement by publishing varied terms on the Site. Such variation will take effect at the commencement of the next Plan billing cycle.”

• Audit rights Report an error

  “Coassemble, its Personnel or any person authorised by Coassemble has the right to audit and inspect, and appoint one or more auditors to audit and inspect, any Customer Systems, documents and records to verify the Customer’s compliance with this Agreement.”

• Downgrade content loss Report an error

  “downgrading your Plan may cause the loss of content, features, or capacity of your Account. We do not accept any liability for such loss”

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