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terms and conditions of business

1 General

1.1 Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy and refund policy govern thepowertool’s relationship with you in relation to this website.

1.2 The term ‘thepowertool’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is c/- Malcolm Hillman, Allsport Shopping Village, 23/235 Sinnamon Rd., Jindalee. Qld 4074. Our company ABN is 86 142 139 740. The term ‘you’ or 'subscriber' or 'Power User' or 'Power Client' refers to the user or viewer of our website.

1.3 The use of this website and software service is subject to the following terms of use.

1.4 The general content of the pages of this website is subject to change without notice.

1.5 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information found or offered on this website for any particular purpose, including advice or commentary in relation to the operation of security of payment legislation in Australia and New Zealand . You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

1.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

1.7 This website contains material which is owned by, patented by or licensed to us. This material includes, but is not limited to the operation, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

1.8 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

1.9 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

1.10 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

1.11 You may not create a link to this website from another website or document without thepowertool’s prior written consent.

2 Registration And Access

2.1 Upon registration with thepowertool you agree to accept these terms and conditions of this agreement.

2.2 Thepowertool privacy policy forms part of these terms and conditions of business.

2.3 Thepowertool refund policy forms part of these terms and conditions of business.

2.4 Registration as a standard user (Power User) with the powertool entitles you to one user licence. Each user licence is attached to an individual email address. Each licenced user may create unlimited client and job accounts. A company or business may register for multiple user accounts. At registration you will be required to accept electronic service of documents for the purpose of receiving payment claims and payment schedules under all Australian and New Zealand security of payment legislation.

2.5 Free registration as a Power Client with the powertool entitles you to create an account with your contact details and addresses of company personnel to whom notices are to be directed. Your corporate details will be made available to subscribed clients for the purpose of serving online payment claims and for serving payment schedules. At registration you will be required to accept electronic service of documents for the purpose of receiving payment claims and payment schedules under all Australian and New Zealand security of payment Acts.

2.6 Thepowertool provides an online system to facilitate communication between the parties with respect to the serving of payment claims and payment schedules under all Australian and New Zealand security of payment legislation.

2.7 The parties are responsible to ensure that information included in thepowertool system with respect to names, addresses, telephone, fax and email addresses are correct and active.

2.8 The parties are responsible to ensure that all information and submissions with respect to applications and responses is correct and accurate and that their payment claims and schedules include all relevant pre-requisite documents.

2.9 Thepowertool will not be responsible to the parties for any error, omission, discrepancy or other defect in any information provided to the powertool.

2.10 You are not required to sign up to a long term contract. There are no establishment fees.

3 Cancellation

3.1 If you choose to unsubscribe from the powertool you may do so at any time. You will be required to cancel your subscription by writing to admin@thepowertool.com.au and cancelling your subscription. Your subscription will cease at the end of the month following the month in which you unsubscribe. We do not refund part-month subscriptions.

3.2 Cancellation of your subscription incurs a one month termination fee to allow you to finalise and archive your job data before your access is closed. If you choose to re-subscribe, your existing data may be made available, provided it has not been archived or deleted.

3.3 If your account falls into arrears for any reason, we will notify you immediately. If you fail to bring your account up to date you will be denied access to your data from the end of the month that your account falls into arrears. You will regain access to your data upon payment of your arrears. If you fail to make payment of your arrears within 2 months of falling into arrears your account will be closed.

3.4 if your account has been closed for any reason, you may re-open it upon payment of one month subscription.

3.5 Thepowertool will be paid in accordance with the provisions of Clause 2.

4 Fees

4.1 Subscribers will pay an access fee, by automatic debit monthly in advance. The monthly access fee is published on the website at Fees and Charges.

4.2 Thepowertool reserves the right to change the access fee at any time, upon one months notice in advance to existing subscribers.

4.3 You will pay all expenses incurred by the thepowertool in collecting overdue accounts including legal and collection agency fees.

5 Archiving

5.1 Job data for existing subscribers will remain on the system for ready access and to ensure that your job statistics are accurate.

5.2 Thepowertool may, at its sole discretion archive data for completed jobs. No job will be archived before the date, or estimated date, of the final certificate.

5.3 If we are required to archive data we will give existing subscribers one months notice.

6 Support

6.1 The powertool is designed to be very simple to operate, with comprehensive help built in.

6.2 Software support is provided in a number of ways:

  • The system has comprehensive video tutorials and reference help, located from every page in the system and in the help menu.
  • Where you can not find the answer to your problem above, you may email support@powertool.com.au. You can expect to get a response within one business day.
  • You can call 07 668 1657, where you can leave a message. Support staff will email you with a response to your question.
  • 7 Applicable Law And Jurisdiction

    7.1 The law governing this Agreement will be the law of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

    7.2 The use of thepowertool shall not override the provisions of the security of payment, or any other applicable legislation in any jurisdiction where a construction contract is located.

    8 Tax

    8.1 Fees quoted herein exclude Government taxes introduced or levied after the date of this agreement. New government taxes and charges shall be added to invoiced amounts.

    8.2 Fees quoted herein exclude goods and services tax (GST), which is added separately.

    9 Disclaimer

    9.1 While we endeavour to keep information on this site up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

    9.2 All system data is maintained and backed-up at a secure commercial grade internet server. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

    9.3 Through this website you are able to link to other websites which are not under the control of thepowertool. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

    9.4 Every effort is made to keep the website up and running smoothly. However, thepowertool takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

    10 Copyright And Patents

    10.1 This website and its content is copyright of thepowertool pty ltd - © thepowertool pty ltd, 2010. All rights reserved.

    10.2 The computer software that operates thepowertool payment claim system is the subject of Australian patent applications. Any attempt to copy or otherwise reproduce this system without the express written consent of thepowertool pty ltd will be prosecuted to the full extent of the law.

    10.3 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

    i) You may print or download your own account information to a local hard disk for your own personal and business use.

    ii) You may not, except with our express written permission, distribute or commercially exploit the content or the software. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


    Copyright 2010 thepowertool pty ltd Patent Pending  ABN 86 142 139 740      Terms&Conditions     Privacy Policy      Cancellation/Refunds      Contact Us