Starting at $200 AUD per company per year Subscription is required to payment gateway through AAkonsult Pty Ltd to use. Please contact us at firstname.lastname@example.org or +61 (3) 8375 7210 for pricing or https://www.payments2us.com/about/payments2us-pricing-plans/
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aka AAkonsult Payment's. Online and Manual Payments, Recurring Payments, Memberships, Events, Peer-to-Peer, Data Quality validation/updates, Direct Debit, Import Files and More.####Highly suitable to both NFPs and Corporate's. ####100% Force.com native.
AAKONSULT PTY LTD<BR><BR>ONLINE AGREEMENT<BR><BR>1. BY CLICKING THE "I HAVE READ AND AGREE TO THE TERMS & CONDITIONS" BUTTON AND THE "INSTALL" BUTTON DISPLAYED AS <BR><BR>PART OF THE REGISTRATION PROCESS, OR BY SIGNING A HARD COPY OF THESE TERMS, THE PERSON, COMPANY OR OTHER ENTITY NAMED AS <BR><BR>THE CUSTOMER DURING REGISTRATION OR SIGNING THE HARD COPY OF THESE TERMS (YOU) AGREES TO THE FOLLOWING TERMS UNDER WHICH <BR><BR>AAKONSULT PTY LTD (AAKONSULT) AGREES TO PERMIT YOU TO DOWNLOAD AND USE THE AAKONSULT PAYMENT APP. IF YOU ARE ENTERING <BR><BR>INTO THE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE <BR><BR>ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" AND "YOURS" REFER TO THE ENTITY. IF YOU DO NOT HAVE THAT AUTHORITY, <BR><BR> OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "CANCEL" BUTTON.<BR>2. CONDITIONS FOR BECOMING AN AAKONSULT CUSTOMER<BR>You warrant that:<BR>(a) You are:<BR> (i) a corporation or other legal entity or, if You are an individual that You are over 18 years of age;<BR> (ii) a licensee of Salesforce.com; and<BR>(b) in using the Software, You will comply with the terms of this agreement and with all applicable laws.<BR>3. LICENCE AND INTELLECTUAL PROPERTY RIGHTS<BR> (a) AAkonsult grants You a personal, non-transferable, non-exclusive licence to download and use the Software <BR><BR>subject to the terms of this agreement.<BR> (b) You may use the Software to process transactions on behalf of Your business only.<BR>(c) You may not:<BR> (i) grant sub-licences in respect of the licence granted to You in clause 3(a);<BR> (ii) use the Software to process transactions on behalf of any other person;<BR> (iii) make copies of the Software except as reasonably required for operational use, backup and security <BR><BR>purposes; or<BR> (iv) reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse <BR><BR>assemble or reverse compile the whole or any part of the Software.<BR>(d) You must only use the Software with the payment gateway supplied by AAkonsult.<BR>(e) You acknowledge and agree that nothing in this agreement transfers to You any right, title or interest in or to <BR><BR>any Intellectual Property Rights in the Software other than Your rights under the licence in clause 3(a).<BR>(f) AAkonsult warrants that it is entitled to grant the licence in clause 3(a). <BR>4. FEES, INVOICING AND PAYMENT<BR>(a) You will provide AAkonsult with valid and updated credit card information. If <BR>You provide credit card information to AAkonsult, You authorize AAkonsult to charge the fees set out in the order form <BR><BR>that You completed when registering as those fees are amended from time to time in accordance with this agreement <BR><BR>(Fees).<BR>(b) We may vary the Fees from time to time by notice posted on the website at <BR><BR>http://www.aakonsult.com/AAkPayments.html. If You do not wish to pay the increased fees, You may terminate this <BR><BR>agreement by notifying AAkonsult at email@example.com.<BR>(c) You must make sure that the sufficient credit is available as and when necessary to pay the Fees.<BR>5. SUSPENSION<BR>(a) AAkonsult may suspend Your access to the Software:<BR> (i) if sufficient credit is not available as and when necessary to pay the Fees; or<BR> (ii) if payment of any invoiced amount for Services has not been made by the date specified on the invoice; <BR>and You do not pay the overdue amount within [four] Business Days of AAkonsult\'s written notice to Your billing contact. <BR>(b) You agree that if Your access to the Software is reinstated after a suspension for non-payment in accordance with <BR><BR>clause 5(a), You will pay a reasonable reinstatement fee. AAkonsult may charge interest on overdue <BR>amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than <BR><BR>thirty days and AAkonsult is required to take legal action to collect the amount, You must also pay AAkonsult\'s <BR><BR>reasonable costs of collection, including legal fees costs. <BR>6. TERMINATION<BR>(a) AAkonsult may terminate this agreement with immediate effect if:<BR> (i) You breach any term of this agreement and the breach is not capable of being remedied, or if capable of <BR><BR>being remedied, is not remedied within 14 days after AAkonsult notifies You of the breach; or<BR> (ii) You suffer an Insolvency Event. <BR>(b) If this agreement is terminated for any reason or expires, You must immediately cease using the Software, and <BR><BR>must delete all copies of the Software that are in Your possession or control.<BR>7. EXCLUSIONS AND LIMITATIONS OF LIABILITY<BR>(a) To the maximum extent permitted by applicable law, and subject to the other terms of this clause 7 as applicable:<BR> (i) all implied terms are excluded from this agreement;<BR> (ii) AAkonsult\'s total aggregate liability, whether in contract, tort (including negligence) or otherwise, to <BR><BR>You in connection with the use of the Software and under or in connection with this agreement will not exceed the total <BR><BR>Fees paid by You during the 12 months ending on the date of the event, or first in a series of <BR>events, giving rise to liability; and<BR> (iii) AAkonsult will not be liable for any loss of profit, loss of revenue, loss of goodwill or business <BR><BR>reputation, loss of data or loss of business opportunity or any consequential, indirect, or special loss or damage <BR><BR>whether in contract, tort (including negligence) or otherwise.<BR>(b) Nothing in this agreement excludes or limits the application of any Consumer Guarantee.<BR>(c) Where AAkonsult is not permitted to exclude its liability for any loss or damage in connection with its breach of <BR><BR>a Consumer Guarantee, but is permitted to limit its liability for such a breach, then, unless You are able to establish <BR><BR>that it is not fair and reasonable for AAkonsult to do so, AAkonsult\'s liability to You is limited to:<BR> (i) if the breach relates to the supply of goods (including software), the repair or replacement of the <BR><BR>goods, the supply of equivalent equipment or the payment of the cost of repairing or replacing the goods or supplying <BR><BR>equivalent goods; or <BR> (ii) if the breach relates to the supply of a service, resupplying the service or paying the cost of having <BR><BR>the service resupplied. <BR>(d) You acknowledge and agree that:<BR> (i) important components of the functionality accessible to You by means of the Software are provided by <BR><BR>third parties; <BR> (ii) subject to the other terms of this clause 7, as applicable, AAkonsult will not be liable to You, whether <BR><BR>in contract, tort (including negligence) or otherwise, in respect of any component <BR>or functionality provided by a third party; and<BR> (iii) you have read and agree to comply with Direct Payment Solutions Terms and Conditions, which are available <BR><BR>at http://www.paymentexpress.com/about/about_paymentexpress/terms_and_conditions.html.<BR>8. NOTICES<BR>(a) Any notice, approval, consent or other communication in relation to this agreement must be in writing and must be <BR><BR>signed by the party giving the notice or any authorised officer of that party by pre-paid post, facsimile or <BR>email as follows:<BR> (i) if it is AAKonsult:<BR> Address: PO Box 175, Williamstown VIC 3016 Australia<BR> Attention: Jeff Challis<BR> Facsimile No.: +61 (3) 8080 6635<BR> Email address: firstname.lastname@example.org<BR> (ii) if it is You, to the postal address, facsimile no. or email address submitted by You as part of Your <BR><BR>registration details. or as otherwise specified by a party by notice.<BR>(b) Unless a later time is specified in a notice, the notice takes effect from the time it is received.<BR>(c) A notice is taken to be received:<BR> (i) in the case of a notice delivered by hand, when delivered to the addressee;<BR> (ii) in the case of a notice sent by pre-paid post, on the second clear Business Day after the date of posting;<BR> (iii) in the case of a notice sent by facsimile, when transmitted to the addressee; and<BR> (iv) in the case of a notice sent by email, on the date on which the sender can demonstrate that the email left <BR><BR>the computer system controlled by the sender without receipt of an error message, but if delivery or receipt is on a day <BR><BR>which is not a Business Day or is after 5.00 pm at the place of delivery or receipt, it is regarded as given at 9.00 am <BR><BR>on the next Business Day.<BR>(d) A notice that is posted is valid even if the addressee does not receive it or it is returned unclaimed to the <BR><BR>sender.<BR>9. GENERAL<BR>(a) This agreement replaces all previous representations, arrangements, understandings and agreements between the <BR><BR>parties relating to the subject matter of this agreement and contains the entire agreement between the <BR>parties in relation to its subject matter.<BR>(b) A waiver of any right under this agreement must be in writing and executed by the party granting the waiver.<BR>(c) A failure to exercise, a delay in exercising, or a partial exercise of, a right created under this agreement does <BR><BR>not result in a waiver of that right.<BR>(d) A variation of any term of this agreement must be in writing and signed by the parties.<BR>(e) A provision of or an application of a provision of, this agreement which is void, illegal or unenforceable for any <BR><BR>reason in any jurisdiction does not affect the validity legality or enforceability of that provision in any other <BR>jurisdiction or of the remaining provisions in that or any other jurisdiction.<BR>(f) If a clause in this agreement is void, illegal or unenforceable, it may be severed without affecting the <BR><BR>enforceability of the other provisions of this agreement.<BR>(g) A party must not assign its rights under this agreement unless it has the other party\'s written consent. A party <BR><BR>must not unreasonably withhold its consent/ may give or withhold its consent in its sole discretion.<BR>(h) No rule of construction applies to the disadvantage of a party because that party was responsible for the <BR><BR>preparation of this agreement or part of it.<BR>(i) This agreement is governed by the laws of Victoria, Australia.<BR>(j) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia. <BR>10. DEFINITIONS<BR>(a) "Business Day" means any day that banks are open for general banking business in the place from which the relevant <BR><BR>notice is sent.<BR>(b) "Consumer Guarantee" has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law.<BR>(c) "Insolvency Event" means the happening of any of these events:<BR> (i) where a party is a natural person, the person becomes bankrupt, files or is served with a petition in <BR><BR>bankruptcy or is served with a bankruptcy notice, the person is unable to pay his or her debts as and when they become due <BR><BR>and payable or a creditor\'s meeting in relation to that person is called;<BR> (ii) an application is made to a court for an order or an order is made that a body corporate be wound up, and <BR><BR>the application is not withdrawn, stayed or dismissed within 21 days of being made;<BR> (iii) appointment of a liquidator, provisional liquidator, administrator, receiver, receiver and manager or <BR><BR>controller in respect of a body corporate or its assets;<BR> (iv) except to reconstruct or amalgamate while solvent a body corporate enters into, or resolves to enter into, <BR><BR>a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any <BR><BR>class of its creditors, or it proposes a reorganisation, moratorium or other administration <BR>involving any of them;<BR> (v) a body corporate resolves to wind itself up, or otherwise dissolve itself, or gives notice of intention to <BR><BR>do so, except to reconstruct or amalgamate while solvent or otherwise wound up or dissolved;<BR> (vi) a body corporate is or states that it is insolvent;<BR> (vii) as a result of the operation of section 459F(1) of the Corporations Act, a body corporate is taken to have <BR><BR>failed to comply with a statutory demand;<BR> (viii) a body corporate is or makes a statement from which it may be reasonably deduced that the body corporate <BR><BR>is, the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act;<BR> (ix) a body corporate takes any step to obtain protection or is granted protection from its creditors, under <BR><BR>any applicable law;<BR> (x) a body corporate ceases to carry on business; or<BR> (xi) anything analogous or having substantially similar effect to any of the events specified above happens <BR><BR>under the law of any applicable jurisdiction.<BR>(d) "Intellectual Property Rights" means:<BR> (i) inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, <BR><BR>including development or improvements of equipment, products, technology, processes, methods or techniques;<BR> (ii) copyright (including future copyright) throughout the world in all literary works, artistic works, <BR><BR>computer software and any other works or subject matter in which copyright subsists and may in the <BR>future subsist;<BR> (iii) confidential information and trade secrets;<BR> (iv) trade and service marks (whether registered or unregistered), business names, trade names, domain names, <BR><BR>logos and get -up; and<BR> (v) proprietary rights under the Circuit Layouts Act 1989 (Cth).<BR>(e) "Related Body Corporate" of an entity means any body corporate which is related to that entity within the meaning <BR><BR>of the Corporations Act.<BR>(f) "Software" means the AAkonsult Payments Application;<BR>(g) "Services" means any services provided to You by AAkonsult, including, but not limited to, consulting services.<BR>11. INTERPRETATION<BR>(a) In this agreement unless the context requires otherwise:<BR> (i) a reference to a person includes a reference to a company, partnership, joint venture, association, <BR><BR>corporation or other body corporate or a government body;<BR> (ii) the singular includes the plural and the plural includes the singular;<BR> (iii) a reference to one gender includes any gender;<BR> (iv) a reference to a clause, party, schedule, annexure or attachment is a reference to a clause of, and a <BR><BR>party, schedule, annexure and attachment to, this agreement and a reference to this agreement <BR>includes any schedule, annexure or attachment;<BR> (v) a reference to a party to this agreement includes that party\'s executors, administrators, successors and <BR><BR>permitted assigns;<BR> (vi) a reference to legislation or to any provision of any legislation includes a reference to any <BR><BR>modification, consolidation, replacement or re-enactment of it, and includes any subordinate <BR>legislation made under it;<BR> (vii) a reference to a body, other than a party to this agreement (including an institute, association or <BR><BR>authority), whether statutory or not:<BR>(A) which ceases to exist; or<BR>(B) whose powers or functions are transferred to another body, is a reference to the body which replaces it or which <BR><BR>substantially succeeds to its powers or functions;<BR> (viii) a reference to a document includes all amendments or supplements to, or replacements or novations of, that <BR><BR>document;<BR> (ix) a reference to an agreement other than this agreement includes a deed any legally enforceable <BR><BR>undertaking, agreement, arrangement or understanding, whether or not in writing; <BR> (x) where an expression is defined, another part of speech or grammatical form of that expression has a <BR><BR>corresponding meaning;<BR> (xi) the words \'includes\' and \'including\' are not words of limitation; and<BR> (xii) if an act required to be done under this Agreement on or by a given day is done after 5:30 pm on that day, <BR><BR>it is taken to be done on the following day.<BR> (xiii) In this agreement, headings are for convenience only and do not affect the interpretation of this <BR><BR>agreement; <BR> (xiv) Where something must be done under this agreement on a given day and that day is not a Business Day then <BR><BR>that thing must be done on the next Business Day.