smart survey work

Terms of Service

The Smart Survey Work web app (SSW) is provided by sjhrjh* under 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.

  1. 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.
  2. Pricing - SSW service fees are applied based on usage i.e.
    $250for each company setup1 in SSW by us;
    $2.00per quote created;
    $4.00per job created;
    $0.40per WHSE form and risk review;
    $100per 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.

  3. Warranty - SSW is intended for commercial use and provided with commercial level of skill and care however SSW uses 'javascript' and relies on 3rd party products so 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.

  4. Security - You are responsible for security of your password and agree to taking responsibly for all activities that occur under your password or account.
  5. 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.

  6. 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.
  7. 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.
  8. 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 youyour 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.

  9. 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 give 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.

  10. 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 control.
  11. 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.
  12. Changes - We may adjust these Terms from time to time and will advise youyour 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.