Terms and Conditions | Billability
Effective date: 01/Jan/2023
Last Update: 04/Sep/2024
1. Acceptance of Terms:
By using the Billability invoicing app ("the Service"), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using the Service.
2. Use of the Service:
a. Eligibility:
You must be at least 18 years old and capable of forming a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
b. User Account:
To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. User Responsibilities:
a. Accuracy of Information:
You agree to provide accurate and complete information when using the Service, including when setting up your user account and generating invoices.
b. Compliance with Laws:
You agree to use the Service in compliance with all applicable laws and regulations.
4. Subscription and Payments:
a. Subscription Plans:
The use of the Service is subject to subscription fees, the details of which are specified on our pricing page.
b. Payment Authorization and Billing Cycle:
By using the Service, you authorize automatic charges to your designated credit card. The billing cycle will depend on the subscription plan chosen: monthly or yearly. Monthly subscriptions will be charged each month on the initial signup date, while yearly subscriptions will be charged annually on the signup date.
c. Payment:
You agree to pay the subscription fee in advance. Payment details and methods are provided on our payment page.
d. Price Changes:
We reserve the right to change prices with notice, and such changes will be communicated to you through email from info@billability.com.au
e. Missed Payments and Failed Payments:
In the event of a missed payment, we reserve the right to limit access to your account and certain functionalities until payment is received.
f. Card Information Security:
Your card information is not stored in our system. It is handled securely and in compliance with relevant data protection laws by our payment processor, Stripe.
g. Compliance with Stripe's Terms:
You must comply with Stripe's terms of service, in addition to our own, as Stripe facilitates the payment processing for our service. You agree to your payment information being saved to file for future transactions.
5. 30-Day Free Trial:
a. Trial Period:
Brand new accounts are eligible for a 30-day free trial period. During this period, you have access to the full functionality of the Service at no cost, and no credit card is required.
b. Trial Abuse Policy:
Creating multiple accounts to obtain additional free trial periods is considered abuse of the Service. Users found engaging in this behavior may have their accounts suspended or terminated at our discretion. Additionally, their email address, Australian Business Number (ABN), or other identifying details may be blocked from creating future accounts. We reserve the right to take further action if we believe the abuse was intentional or harmful to our platform.
6. Cancellation:
a. Cancel Anytime:
You may cancel your account at any time by following the cancellation procedures provided on our platform.
b. No Refunds:
Fees are non-refundable, and no refunds or credits will be provided for partial months of service or for unused portions of the Service.
7. Service Availability:
We strive to ensure the availability of the Service. However, we do not guarantee uninterrupted access, and we reserve the right to modify, suspend, or discontinue the Service at any time without prior notice.
8. Intellectual Property:
All intellectual property rights in the Service, including but not limited to copyright, trademarks, and trade secrets, belong to Billability Pty Ltd. You may not reproduce, distribute, or create derivative works without our express written consent
9. Email Functionality:
a. In-Built Email Function:
The Service includes an in-built email function that allows users to send invoices and other communications to their clients directly through the platform.
b. Email Deliverability:
While we strive to ensure the reliable delivery of emails, we cannot guarantee the deliverability of emails to external email addresses. Factors such as the recipient's email provider, spam filters, and other technical considerations may impact email delivery.
c. User Responsibility:
Users are responsible for verifying the delivery status of emails sent through the Service and should consider alternative communication methods if email deliverability is crucial for their business operations.
d. Communication Records:
The Service may maintain records of communications, including sent emails, within the platform for reference purposes. Users are encouraged to review and retain copies of important communications for their records.
10. Limitation of Liability:
To the extent permitted by law, Billability Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(a) your use or inability to use the Service;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any interruption or cessation of the Service;
(d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.
11. Termination:
We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for any reason, including a breach of these Terms and Conditions.
12. Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.
13. Changes to Terms:
We reserve the right to modify or revise these Terms and Conditions at any time. Your continued use of the Service after any changes constitutes acceptance of the updated terms.
14. Contact Information:
For inquiries regarding these Terms and Conditions, please contact us at info@billability.com.au
15. Partner Accounts:
a. Access:
Free partner accounts can only be obtained through invitations from our partners.
Partner accounts are restricted to invoicing specific partners and may have limited access to features available in full accounts.
b. Transition to Full Account:
If you choose to upgrade from a partner account to a full account, you will gain access to additional features. However, once upgraded, you cannot revert back to a partner account.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.