Website Application Form

Phone:		1300 134 858
Fax:		07 3251 0840

Click here to download the Arosoftware Direct Debit Authority Form

Template Design Number *

Customisation Details *

Logo sent via email to AroSoftware? *

Yes No

Include Google Maps? *

Yes No

Front page images sent via email to Arosoftware? *

Yes No

Email address where website enquiries are sent *

Your website domain name *

Where your domain name is registered *

Domain username, password and or reg key *
(whichever are applicable) to provide us with access to point your domain name to your new website and make it live on the internet once completed.

List Titles of Main Top Menus, E.g. Properties, Rentals, Contact us etc Number

Menu Item 1.

Menu Item 2.

Menu Item 3.

Menu Item 4.

Menu Item 5.

Menu Item 6.

Menu Item 7.

Menu Item 8.


		WEBSITE, HOSTING AND PROGRAM ACCESS TERMS AND CONDITIONS

Program Access:

	(1)	For the purposes of this Website, Hosting and Program Access agreement (called this agreement) the expressions "we", "us" or "our" refer to Aro Software Pty Ltd ACN 113 782 013, ABN 86 113 782 013. In this agreement any reference to "Customer" or "you" or "your" refers to the entity specified above as the Customer.  In this agreement any reference to "Guarantors" refers to the person or persons (if any) specified above as the guarantors, and if more than one, means each of them severally and any one or more of them jointly.
	
	(2)	Any activation, access to and use by the Customer of the website, hosting and software program (called the Website and Program) is strictly on the basis that the following terms and conditions shall apply.
	
	(3)	Payment must be made by the Customer prior to the activation of the program either by direct debit or credit card payment. The Customer must pay any GST on any taxable supply that we make to you under the A New Tax System (Goods & Services Tax) Act 1999 or any other tax (other than a tax in the nature of an income or capital nature), fee, levy or duty imposed by any government authority on this supply to you.
	
	(4)	This agreement and your right to use the program is personal and not transferable to another user without our prior written consent. This consent will generally only be given if the business is sold or the ownership or control of the Customer changes (called a change in control).  If as a result of a proposed change in control the Customer intends to continue to use the Website and Program then a new agreement must be entered into with us on the same or similar terms as this agreement for a further 12 month contract period as additional training and support will need to be provided by us to the buyer. We reserve the right to impose any conditions that we reasonably determine are necessary to give that consent.
	
	(5)	Alternatively if as a result of a proposed change in control the Customer or the buyer does not intend to continue with the Website and Program then this agreement can be terminated by the Customer by notice and payment to us of the balance of the monthly program fees then remaining for the initial 12 month contract period.
	
	(6)	The monthly program fee you must pay includes all of our telephone support. Only Arosoftware program support is covered by this agreement not any other products selected by the user that are integrated into the program. Our Fanatical Help Line is open Monday to Friday 9.00am to 5.00pm E.S.T.
	
	(7)	This agreement has an initial 12-month contract period. You cannot terminate this agreement during that 12-month contract period except in accordance with the terms of this agreement unless we are in default of our obligations and you have allowed us a reasonable time to remedy that default.
	
	(8)	If you no longer require access to the program at the end of the initial 12-month contract period then you must give us not less than thirty (30) days written notice of termination and cessation of use. In that event all outstanding fees must immediately be paid to us up to the end of the initial 12-month contract period. At the end of the initial 12-month contract period if it has not otherwise been terminated then this agreement will continue for subsequent rolling 1 month contract period terms until it is terminated by 1 month's written notice by either party.
	
	(9) When we establish your account we assist you with data input including property and client data imported on to our system. We provide you with set up training, and we customise the program with your branding that enables you to generate your marketing material using our standard layouts which include newsletters, window cards, brochures, stock booklets and stationary. Any customisation to these standard layouts that you require us to make will incur an additional charge that will be quoted on a case-by-case basis and will only proceed with your approval.    As a result by the time your account is activated we have undertaken significant and valuable work for you that we have agreed to recoup from you during the entire initial 12-month contract period by you paying us the monthly program fees.
	
	(10) If for any reason you seek to improperly terminate this agreement during the contract period or we are required because of your breach to terminate this agreement then we are entitled to recover from you as liquidated damages the balance of the monthly program fees then remaining for the initial 12-month contract period to compensate us for the work we have undertaken and for which you have received an immediate benefit. You acknowledge that the nature and amount of liquidated damages are reasonable and reflect a genuine pre-estimate of the loss that we would suffer from termination of this agreement during the initial 12-month contract period.
	
	(11) If you do not pay us any amounts then all costs (including legal costs on a full indemnity basis) incurred by us to engage a debt collection agency to recover any outstanding fees (including liquidated damages) from you will be borne by you and will be added to the outstanding debt to be collected.
	
	(12) You understand that you are responsible for paying for any network resources that are used to connect your server to the Internet. You may request that their server be disconnected from the Internet, but you will be responsible for paying for any network resources used up to the point of suspension or cancellation.
	
	(13) We reserve the right to suspend network access to any customer. If inappropriate activity is detected all of your access to the program and its accounts in question will be deactivated until such time as an investigation is completed to our complete satisfaction. Prior notification to you is not assured. In extreme cases, Australian and other law enforcement authorities will be contacted regarding the inappropriate activity. You will not be credited for the time the account is suspended or deactivated and is not entitled to any form of compensation whatsoever.
	
	(14) We warrant that our program will perform to its maximum capabilities if all mandatory fields within the program are completed by you. Although this is not compulsory in most cases for the program to function, we cannot guarantee that the results and functions of the program that are promoted will perform to their full capabilities if any of the fields within the program remain incomplete.
	
	(15) We provide training and support for only 2 of your key nominated employees (called your nominated persons). Your nominated persons will be provided with unlimited support. They will also be responsible for providing internal support for other users within your business who use the program. In the event that either or both of your nominated persons no longer work for you then it is your responsibility to ensure that each new nominated person is fully trained by either the outgoing person or the remaining nominated person or you pay us to train them for you. Our support is not for the benefit of new and untrained operators, and we reserve the right to not offer any support to these users unless an agreed training fee is approved and paid to us. We also reserve the right not to support any user/s that deliberately and continually attempts to use or insert information into the programs fields that have not been designed to handle such information and therefore, obviously, our software may/may not be able to perform the correct function, which may consequently cause issues with the quality and integrity of the output of that information which may accordingly be incorrect.
	
	(16) We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive.  In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site.  We will not be liable or responsible for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups or due to technical IT issues with your computer system that are unrelated to our software.
	
	(17) Any errors in the program will be our responsibility to correct within a reasonable time frame. Corrections due to errors in our program will be free of charge to all users.
	
	(18) The law applicable in the State of Queensland in Australia governs this Agreement. You, we and the Guarantors agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
	
	(19) We welcome feedback (including constructive criticism) from all of our customers. If you wish to give feedback please submit that feedback via our website, www.arosoftware.com.
	
	(20) Our software, and all accompanying files, data and materials, are distributed on an "AS IS" basis and with no warranties of any kind, whether express or implied other than any mandatory warranties or consumer guarantees that are imposed by law. Proper data processing procedure dictates that any program should be thoroughly tested with non-critical data before relying on it.  You must assume the entire risk of using the program and testing it for suitability and functionality for your organisation.  This disclaimer of warranty constitutes an essential part of this agreement.
	
	(21) To the extent permitted by law our liability will be limited exclusively to a refund of the amount paid by you to us.  In no circumstances will we or any of our shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, exemplary or punitive damages whatsoever.
	
	(22) (22)	All of your data or that of your client�s will never be deliberately revealed or sold or made available to any other party by us unless required by law. We will not use it for any purpose. It will always remain the property of the Customer or your client as the case may be and we must treat it with confidentiality and not release it unless required by law.
	
	(23) Your privacy is important to us. We are committed to protecting your privacy and your personal information. Our Privacy Policy Statement on our website explains in specific terms how we may collect, store, use and protect the privacy of your personal information under the Australian National Privacy Principles.
	
	(24) We endeavor to maintain a privacy policy that is transparent, accountable and offers choice regarding the collection, storage, use and protection of your personal information.  If you have questions or complaints regarding our privacy policy or practices, please contact us.  We collect and store information about you and your business which may include information such as your contact details, credit card or banking details and information about your business and your customers that enables us to fulfill our obligations under this agreement.
	
	(25) We will take all reasonable steps to ensure your personal information (and that of your customers) is protected from unauthorised access misuse, modification and disclosure whilst it is stored or transmitted by us. We may only use this personal information in exercising our rights and performing our obligations under this agreement and for no other purpose. If there is any Customer data concerning your customers or clients that is imported into our system from your use of the program then this privacy policy applies equally to that information as well.
	
	(26) You agree to pay to us during the contract period the monthly program fee for the amounts set out in the Schedule below based on the number of user licenses set out in the Schedule below or any additional users approved by you at a rate of $10 (plus GST) per month per additional user and to charge to your credit card or direct debit the bank account of the Customer (as indicated).  We will provide a tax invoice to you. You must sign a direct debit form (in the form that we supply you) to establish the direct payment or credit card arrangements and you  agree not to terminate or suspend that direct debit or credit card authority without informing us.
	
	(27) Any costs we incur arising from a failure by your bank to honor the direct debit or credit card charging authority will be borne by you. We reserve the right to charge merchant fees on any credit card payments made in accordance with our policy set out on our website and by signing this agreement you authorize us to charge those merchant fees (depending on the credit card used) to your credit card.
	
	(28) If you are a company we may ask a person associated with you to guarantee your obligations to us and indemnify us for any loss we may suffer if you do not observe this agreement. The person (if any) signing this agreement as a guarantor:



(a)	Guarantees to us the due and punctual performance of your obligations under this agreement;
(b)	Indemnifies us for any loss, cost, damage or expense that we may suffer or incur (including legal costs on a full indemnity basis) if you do not perform your obligations,
and if more than one person is named as a Guarantor then this guarantee and indemnity is given jointly and severally.



WEBSITE AND HOSTING

	(29) Web Sites are built for the Customer exactly as displayed in our demonstration versions.
	
	(30) Some variations that are requested by the Client that are possible may not incur any costs. We reserve the right to charge the Customer for variations to cover our additional costs. These costs will need to be accepted and paid for by the Customer prior to commencement of work.
	
	(31) The Customer must supply web colour codes of the colours they wish to have embodied on their site.
	
	(32) The Customer must supply their logo in a version or form that we require.
	
	(33) The Customer will be given dimensions needed for logo. We cannot guarantee optimal results if the Customer provides their logo in anything other than those dimensions.
	
	(34) If we are required to make any colour changes on a logo as requested by Customer then this will be charged at $25.00 (plus GST) for each fifteen (15) minute period (or part thereof) that we must spend to do so (which represents $100.00 plus GST per hour).
	
	(35) The Customer must supply photos for the front page of website slide show. The Customer must supply the photos in at least the dimensions or larger than the ones displayed under the link "Logo and Image sizes" which can be found under the website thumbnail image of the website chosen on the main display page.
	
	(36) The Customer must supply one email address that is to be used for any contact with us, buyer enquiry, rental or appraisal forms on the website. All forms will be directed to that email address.
	
	(37) Prior to commencement of work the Customer must pay us a deposit representing Fifty (50) % of the total cost of the work to be done on the website.
	
	(38) The Customer will be responsible for adding their own personal content to their websites. If they would request us to add their personal content to their website then a nominal fee will be charged depending on the amount of time required.
	
	(39) Once the website is completed by Arosoftware as per the online form the client will be emailed the link for approval, the client then has 5 working days to respond with any alterations required. After 5 working days the balance monies for the website and hosting fees will be deducted from the account details supplied initially irrespective of whether the Customer has not supplied items to us that are their responsibility to complete the website.
	
	(40) Customer web site will not be made live until final payment is received.
	
	(41) All websites we create include a control panel and video help tutorials that can be found by clicking our "Help" icon inside the software program where the Customer will be able to change the following items themselves.
	




	(a)	Menu titles.
	(b)	Re name, remove and create new sub menus.
	(c)	Add content and images to new pages created and added to sub menus.
	(d)	Change  website copy.
	(e)	Add, change or remove images to content pages.
	(f)	Add, Change and remove all images and information regarding a property.
	(g)	Edit and remove staff profiles and images.
	(h)	Update company contact details.
	(i)	All enquires generated through the website from buyer enquiry or appraisal forms will notify the Customer's office via their main office email address.
	(j)	Will have ability to control the number of images that appear in the search results for a property. (All images entered into "aro" or "vp" will appear on property details page if selected to do so).




	
	(42) It is possible for changes to the website to be undertaken by us at a later date however that will be at an additional cost to the Customer. Payment must be received by us prior to commencement of that further work.
	
	(43) After an initial telephone call to hand over website URL'S login requirements and CMS software (which enables you to edit the website), then support is available from us by email for no additional charge.
	



	(a)	Virtual pal clients will be offered phone support up until the website being made live. From the date that the website is made live all support will be done via email at no extra cost. Phone support can be purchased for $25 + GST per 15 minute increments.
	(b) Arosoftware clients are entitled to unlimited phone support throughout the duration of their contract


	
	(44) Our hosting fee is required to be paid monthly in advance & Yourvirtual Pal is required to be paid quarterly in advance by credit card or direct debit. Please note credit card merchant fees will apply depending on the card used whereas Bank direct debits incur no additional costs.
	
	(45) Please note that any payments made by credit card or direct debit that is declined will incur a $25.00 (plus GST) dishonour fee each time it is dishonoured.
	
	(46) Any accounts that remain overdue past fourteen (14) days will result in site being turned off and if they remain overdue after thirty (30) days then we are entitled to delete all data and the website and all recovery costs for outstanding accounts will be charged to the Customer for the balance of the contract period.
	
	(47) Websites files can be extracted from our servers and provided in a zip format and must be downloaded within twenty four (24) hours and costs from $150.00 (plus GST) (which does not include support to set up on new host). At the end of the contract period but the property up-loader software and CMS software (which enables you to edit the website) is not transferrable and functions within the website attached to the software would also not be transferrable. We retain all intellectual property rights in and to our standard website templates and the variations we make to them including the functionality and other characteristics of those templates.
	
	(48) All websites will be tested prior to handing over to Customer. However it is the Customer's responsibility to make sure the website, its functionality and all pages are satisfactory prior to the website going live.
	
	(49) All Customer data will never be revealed or sold to any other party. All Customer data (including details and data of the Customer's clients) will always remain the property of the Customer (and also it's clients).
	
	(50) Refer to our Privacy Act terms and conditions which apply and contained on our website by clicking the attached link. Privacy act.



Arosoftware Email Terms & Conditions

	The following terms and conditions apply to emails.
	
	A Customer will be allocated one (1) email address per team member and three (3) additional generic emails. EXAMPLE- info@yourcompany.com.au
	
	Extra email addresses can be purchased by the Customer for $4.00 (plus GST) for each single address per month or five (5) addresses for $20.00 (plus GST) per month
	
	We guarantee the delivery of all enquiries made from your website to the nominated email address, provided that the emails are hosted on our server.
	
	If a Customer's emails are hosted and self-managed on an exchange server then we take no responsibility for the delivery of enquiries made on the website. It is the Customer's responsibility to ensure that enquiries are being delivered to the nominated email address.
	
	If we are required to work with the Customer's IT manager, to help with the delivery of enquiries, our time will be charged out at $25.00 (plus GST) for each fifteen (15) minute period (or part thereof) that we must spend to do so (representing $100.00 plus GST per hour).

Business name

Customer name

Customer ACN/ABN

Guarantors

Contact

Address

Postcode

Phone Number

Fax Number

Email

Software Details

Software Package

AroSoftware Your Virtual Pal

Payment Frequency

Quarterly Monthly

Number of Users

Price Per Month/Quarter
+ GST

Website Cost
+ GST

ARO representitive

Please Note -Once the website is completed Only two rounds of reviews will be conducted by Arosoftware free of charge, any changes to the website after the second review will be charged out at $25 + gst per 15 minute increments

I agree to the terms and conditions of this agreement which shall be binding on the Customer and the Guarantors

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