Terms of Service
The Smart Survey Work web app (SSW) is provided by sjhrjh*
the following terms and conditions updated on 30 December 2020^
(Terms). By logging onto or using SSW you are agreeing to abide by these
Terms. If you are not comfortable with these Terms please do not use SSW.
* sjhrjh is an Australian business (ABN 13 630 044 883) and
is referred to as "we", "us" or "our" in the following.
^ Changes made on this date are shown in italics.
- Right to use - By agreeing to these Terms and your company
making monthly service fee payments, you are granted a non-exclusive
right to use SSW on a month-by-month basis.
- Pricing - SSW service fees are applied
based on usage i.e.
|$250||for each company setup1 in SSW by us;|
|$2.00||per quote created;|
|$4.00||per job created;|
|$0.40||per WHSE form and risk review;|
|$100||per hour of training2 or assistance.|
All prices are exclusive of GST.
1 includes up to
1 day training of and assistance to one person in order to set the
initial configuration of company settings.
2 for training or
assistance after the initial setup, can be at your office or via video.
Invoices are issued monthly with a dated log of invoicable events
showing the name of the staff member and address of the related site.
- Warranty - SSW is intended for
commercial use and provided with commercial level of skill and care
there is no warranty that SSW is continuously available, will respond
in a timely fashion or is free from defects.
There is no warranty that the spatial data, which is accessed from
3rd parties, is current or accurate.
You agree to use SSW at your own risk.
- Security - You are responsible for
security of your password and agree to taking responsibly for all
activities that occur under your password or account.
- Liability - SSW generated material is
based on configurable data for which you or your company is solely
responsible. We are not responsible for the business outcomes from
using the material generated by SSW.
To the extent
permitted by law, we will in no way be liable for any loss, damage or
injury, directly or indirectly, arising as a result of your use of or
reliance on SSW.
In the event that we are held liable to you,
our maximum total liability will be the total amount of the service fee
paid by you to us in the continuous 1 month period immediately prior to
the bringing of such claim.
- Intellectual Property - You agree that
we hold the intellectual property rights (IP) on SSW and agree that
you are not to share, copy or take advantage of the concepts, code or
database forming SSW without prior written agreement from us. We
acknowledge your IP rights over your configuration and transactional
data held in SSW and agree not to share this data with others without
prior written agreement from you.
- Indemnity - You agree to indemnify and
hold us and our officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of your use of SSW or your breach of
these Terms or any applicable law or the rights of a third party.
- Privacy - We respect your
privacy, the privacy of your data and the privacy of all users and
visitors. All information and data entered
by you into the system is
treated as confidential. We will not sell or give away your data, our
user list, email addresses or any other personal information unless
required by law to do so.
Staff and contractor names and business email addresses are collected
in order to show names during activities such as scheduling and to
send system related emails such as event notifications, which
company can configure. Client names, address, email and phone numbers
are collected to enable quotes to be sent and for ease in ongoing
contact of clients.
Note that NSW WHSE law requires that a Register of Incidents be kept.
All people involved in an incident can have their name, address,
occupation and age at the time, along with the nature of any injury,
captured in SSW and this information will be available to be viewed by
all staff in your company.
- Termination - You do not have to use SSW
in order to maintain access however your access may be revoked after
a period of inactivity, at our sole discretion. Your access will be
terminated if your company does not maintain payments however we will
youyour company notice before revoking access.
We may terminate your access
immediately and without notice in the event of any breach of these
Terms by you or on the occurrence of any external event requiring us
to cease provision of SSW.
Those clauses which are, by implication, intended
to survive termination shall survive termination e.g. IP, Privacy.
- Force Majeure - We shall not be liable
for any delay or failure in providing SSW or our obligations under
these Terms if such results from circumstances outside our reasonable
- Severence - Any part of these Terms
which is found to be unlawful, void or unenforceable shall to the
extent required be severed and be rendered ineffective as far as
possible without modifying the remaining terms and conditions.
- Changes - We may adjust these Terms
from time to time and will advise
company should this happen. At that time
you have the options to accept the changes or stop using SSW should you
wish to do so.