PLUSSMART Technology - Software as a Service (SaaS) Terms and Conditions - General Statement when applicable to the scope or works

 

1. Definitions

 

"Client" refers to the party entering into this agreement with PLUSSMART Technology.

"Services" refer to the software as a service provided by PLUSSMART Technology, including analytics, reports, insights, and recommendations, as described in the proposal.

"Agreement" refers to these terms and conditions.

 

2. Scope of Services

 

2.1 PLUSSMART Technology agrees to provide the Client with access to its SaaS platform, which includes analytics, reporting, insights, and recommendations related to pumps and rotating equipment including turbines, gearboxes and engines.

 

2.2 The Client agrees to provide PLUSSMART Technology with the necessary data and access required for the provision of the Services.

 

3. Duration of Services

 

3.1 The Services will be provided for a duration as specified in the proposal or agreement, typically lasting for 12 months.

 

3.2 Either party may terminate this Agreement with written notice if the other party breaches any material term or condition of this Agreement.

 

4. Payment

 

4.1 The Client shall pay Reliabix Analytics the fees as specified in the proposal or agreement, in accordance with the payment schedule outlined therein.

 

4.2 Payment is due within 30 days of the invoice date but some services may not be rendered until after payment is received.

 

4.3 In the event of late payment, PLUSSMART Technology may suspend access to the Services until payment is received in full.

 

5. Confidentiality

 

5.1 Both parties agree to keep confidential all non-public information obtained during the course of this Agreement.

 

5.2 This confidentiality obligation shall survive the termination of this Agreement.

 

6. Intellectual Property

 

6.1 PLUSSMART Technology retains all intellectual property rights to the Services, including any software, reports, or recommendations generated.

 

6.2 The Client may use the reports and recommendations for their internal purposes but may not distribute, sell, or otherwise transfer them to third parties without prior written consent from PLUSSMART Technology.

 

As a practical example, this prohibits distributing any reports or portions of the report to vendors to make a proposal to execute recommendations. Express permission is required from PLUSSMART Technology when this purpose is necessary and an alternative report may be provided by PLUSSMART Technology to be used for such a purpose (this can be clarified at time of proposal)

 

7. Limitation of Liability

 

7.1 PLUSSMART Technology shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Services.

 

8. Governing Law and Jurisdiction

 

8.1 This Agreement shall be governed by and construed in accordance with the laws of Western Australia, Australia.

 

8.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Australia, Australia.

 

9. Miscellaneous

 

9.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, oral or written.

 

9.2 Any amendments to this Agreement after an order must be made in writing and signed by both parties.