VoterID Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “The Customer” or “Your”) AND ELECTED TECHNOLOGIES PTY LTD (hereinafter “Elected Technologies ”) GOVERNING YOUR USE OF the VoterID ONLINE SYSTEM (hereinafter “VoterID” or the Service).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age and if entering into this agreement on behalf of an organisation, have sufficient authority to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Description of Service
We provide a constituent and voter relationship management application. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipments necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Personal Information, Privacy and Your Data
You are responsible for maintaining confidentiality of your username, password and the security of your second factor authentication method. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to security@electedtechnologies.com or by calling us on any of the numbers listed on www.electedtechnologies.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.
All data held in VoterID is encrypted on disk and in transit between the service’s servers and your web browser. We use the same SSL encryption technology used by internet banking to secure the connection between you and the service.
All VoterID data is stored in Australian data centers.
On termination of your use of VoterID, a copy of your data will be provided to you in electronic form. All data will then be removed from Elected Technologies servers within 30 days.
Data Ownership
We respect your right to ownership of content and data created or stored by you in VoterID (Customer Data) and the privacy of that data. You own the content and information created or stored by you. Unless specifically permitted by you, Your use of the Service does not grant Elected Technologies the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your accounts for commercial, marketing or any similar purpose. But you grant Elected Technologies permission to access, copy, distribute, store, transmit, or reformat the content of your accounts solely as required for the purpose of providing the Service to you and for no other purpose.
Confidential Information
Confidential Data is information disclosed by a party to the other party under this Agreement that is marked as confidential, specifically described by the party as confidential at the point of disclosure or would normally be considered confidential under the circumstances. For the avoidance of doubt, Customer Data is Confidential Information.
Each party will:
- protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and
- not disclose the Confidential Information, except to employees or contractors who need to know it and who have agreed in writing to keep it confidential. Each part (and anyone to whom, Confidential Information has been disclosed) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, whilst using reasonable care to protect it. Each party is responsible for any actions of its employees and contractors in violation of this Agreement.
Confidential Information does not include information that:
- The recipient of the Confidential Information already knew
- becomes public through no fault of the recipient
- was independently developed by the recipient; or
- was rightfully given to the recipient by another party
Each party may disclose the other party’s Confidential Information when required by law but only after it, if legally permissible
- uses commercially reasonable efforts to notify the other party; and
- gives the other party the chance to challenge the disclosure.
Communications from Elected Technologies
The Service may include certain communications from Elected Technologies, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments
By using the Service, you agree to enter a 12 month annual contract which is renewed automatically from the date that your Service installation goes live unless you inform us of your intention not to renew before your renewal date. Our invoice to you details our payment terms. In the event of persistent non-payment, we reserve the right to suspend your user account or temporarily disable access to whole or part of any Service. Elected Technologies reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Service; (ii) provide any service based on the Service without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Service for spamming and other illegal purposes.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorised activity.
Usage Limits for VoterID
Elected Technologies may prescribe usage limits, which if made will be included on your invoice. You must make sure that Your usage is within the usage limits prescribed by Elected Technologies in order to avail uninterrupted service. You understand that Elected Technologies may restrict an activity if you reach the usage limit corresponding to such activity.
User Generated Content
You may transmit or publish content created by you using the Service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Service you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Elected Technologies will have the right to block access to or remove such content made available by you, if Elected Technologies receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Elected Technologies for this purpose.
VoterID SLA
During the term of the applicable Terms of Service, the VoterID interface will be operational and available to THE CUSTOMER at least 99% of the time in any calendar month (the “VoterID SLA”). If ELECTED TECHNOLOGIES does not meet the VoterID SLA, and if THE CUSTOMER meets your obligations under this VoterID SLA, THE CUSTOMER will be eligible to receive the Service Credits described below. This VoterID SLA states THE CUSTOMER’S sole and exclusive remedy for any failure by ELECTED TECHNOLOGIES to meet the VoterID SLA
Definitions: the following definitions shall apply to the VoterID SLA
Downtime: means for a subdomain, if there is more than a 5% user error rate. Downtime is measured based on server side error rate.
Monthly Uptime Percentage: means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month
Service: means the VoterID Service
Service Credit: means the following
| Monthly Uptime Percentage | Days of Service added to the end of the Service Term |
|---|---|
| < 99.0 % – >= 98.0% | 3 |
| < 98% – > 94% | 7 |
| < 94% | 15 |
CUSTOMER Must Request Service Credit: In order to receive any of the Service Credits described above, CUSTOMER must notify ELECTED TECHNOLOGIES within thirty days from the time CUSTOMER becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit THE CUSTOMER’s right to receive a Service Credit.
Maximum Service Credit: The aggregate maximum number of Service Credits to be issued by ELECTED TECHNOLOGIES to THE CUSTOMER for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
VoterID SLA Exclusions: The VoterID SLA does not apply to any services that expressly exclude this VoterID SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of ELECTED TECHNOLOGIES).
Disclaimer of Warranties
The Customer expressly understands and agrees that use of the Service is at the Customer’s sole risk. To the fullest extent permissible by applicable law, Elected Technologies expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Use of any material downloaded or obtained through the use of the service shall be at the Customer’s own discretion and risk and the Customer will be solely responsible for any damage to the Customer’s computer system, mobile telephone, wireless device or data that results from the use of the Service or the download of any such material. No advice or information, whether written or oral, obtained by the Customer from Elected Technologies, its employees or representatives shall create any warranty not expressly stated in the terms.
Force Majeure
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Limitation of Liability
The Customer agrees that elected technologies shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by the Customer’s use of or inability to use the service, even if Elected Technologies has been advised of the possibility of such damage. The Customer’s sole and exclusive remedy for any dispute with Elected Technologies related to any of the service shall be termination of such service. In no event shall Elected Technologies entire liability to the Customer in respect of any service, whether direct or indirect, exceed the fees paid by the Customer towards such service in the twelve months prior to the event giving rise to liability.
Indemnification
You agree to indemnify and hold harmless ELECTED TECHNOLOGIES, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including solicitors fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorised by Elected Technologies.
Suspension and Termination
With the exception of instances in which Parliamentary Privilege applies or has been declared by You, we may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@electedtechnologies.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms. Termination of a user account will include denial of access to all Services.