These terms are the contract between you and us. They define our respective rights and obligations. When you create or use a Phrontex subscription you accept these terms. If you do not agree to these terms, you can’t use Phrontex.

You and Us

In these terms you and your mean both you and any company or organization you are authorized to represent. We, our, and us mean Phrontex Pty Limited, a company incorporated in Australia with ABN 39 269 587 980.

You are initially identified to us by the email address and name you provide when you request a subscription. When the system has been created, these details are recorded in your profile within the system. You are expected to keep these details up to date. If we need to contact you about your subscription we will do so by email to the address recorded in your profile.

You may contact us about your subscription by email to mailto://admin@phrontex.com?subject=Subscription.

The service we provide

When you request a subscription we create a Phrontex system for you. While your subscription remains current and you comply with these terms of use, we use reasonable efforts to

  • maintain the availability of your system,
  • ensure the continued good operation of your system,
  • protect and preserve your data.

Subscription ownership

The subscription is owned by the organization that pays for it.

When your system is created, we create a system owner account using the name and email address provided to us. In the absence of further information, we deem the system to be owned by the person identified by this name and email address. When the first subscription payment is received, we deem the subscription owned by the organization identified in the associated documentation, such as a purchase order or remittance advice.

Subscriber obligations

You are responsible for the use of your system.

  • You must not use the system in any way that disrupts the operation of our servers or interferes with the systems of other clients.
  • You must not upload any content that is illegal.
  • You must not upload any malware or technically malicious content.

You are responsible for the users with access your system.

  • You decide who may have access. You enable that access by creating their user account in Phrontex or permitting their access to Phrontex through your identity provider service. You disable that access by deleting or disabling their user account in Phrontex, or by removing their access in your identity provider system.
  • You control what content your users may view and modify.
  • You must ensure that your users comply with these terms of use.

You must notify us if:

  • You have reason to believe that these terms have been breached by any user.
  • You have reason to suspect that the security of your system has been compromised.
  • Your personal or corporate contact details have changed.

Acceptable use

You will not use your Phrontex system:

  • to violate, or encourage the violation of, the legal rights of others;
  • to engage in, promote or encourage illegal activity, including child sexual exploitation, child abuse, or terrorism or violence that can cause death, serious harm, or injury to individuals or groups of individuals;
  • for any unlawful, invasive, infringing, defamatory or fraudulent purpose including Non-consensual Explicit Imagery, violating intellectual property rights of others, phishing, or creating a pyramid scheme;
  • to distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
  • to gain unauthorized access to, disrupt, or impair the use of our systems, or the equipment used to provide our services, by customers, authorized resellers, or other authorized users;
  • to disable, interfere with or circumvent any aspect of our services, software, or the equipment used to provide our services;
  • to generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”); or
  • to use our services, or any interfaces provided with our services, to access any other computer or internet product or service in a manner that violates the terms of service of such other product or service.

Content ownership

You own the content you create in your Phrontex system.

Your system may include content provided by us: initial content in the system when it is created for you or additional content offered subsequently. You do not own the content we provide. We grant you a non-exclusive right to use and modify the content we provide in conjunction with your own content.

You can download your content from the system at any time.

We own the Phrontex application. This includes rights in the design, compilation, and look and feel of our services, and rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Your liability for use of content

You are responsible for any publication or use made of the content of your system.

You take full responsibility as author and publisher of the content when you make the content of your system available to others or you distribute it in any form.

No professional advice

Phrontex is not a professional services business. Nothing we do, and none of the content we provide, should be taken as professional advice. Any content that we provide to you is offered only as a suggestion. It is your responsibility to decide if that content is suitable for your purposes.  

We are in no way liable for your use of the system or for the use made of any content we provide.

Indemnity

You indemnify us against all losses, costs including legal costs, expenses, demands, or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.

Disclaimer of warranties

Our services are made available to you “as is”. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose, other than any non-excludable warranties, guarantees, or other rights provided by law. Our liability for breach of a non-excludable guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service, unless the non-excludable guarantee says otherwise.

Limitation of liability

Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort including negligence or otherwise, is limited as follows:

  • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
  • For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
  • Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
  • We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

Termination

This agreement may be terminated if:

  • You do not pay the subscription fee. We may suspend your subscription if we have not received payment by the due date. A suspended subscription may be restored to use by paying the subscription. We may delete your subscription if payment is overdue by more than 30 days.
  • We have notified you that we consider you to be in breach of this agreement and you have not remedied the breach within a reasonable time.
  • You are in breach of this agreement in a manner that cannot be remedied.

Disputes

If you have a complaint or there is a dispute between us:

  • You and we will use our respective best efforts to resolve the matter amicably through direct communication.
  • If the matter cannot be resolved informally, you and we agree to resolve the matter through binding arbitration or small claims court and not in courts of general jurisdiction. You and we further agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Jurisdiction

This Agreement is governed by the laws of New South Wales and is subject to the jurisdiction of the New South Wales courts.

Changes to these terms

We may change these terms. Unless mandated otherwise, we will give at least 30 days notice; and the change will take effect from the next renewal date of your subscription. If the changes are unacceptable to you, you may decline to renew your subscription.

Enforcement

If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.