Last Updated 22 May 2019

1. About the Website

   Welcome to https://paperform.co (“Website”). The Website Online form building services which includes payment gateway (the “Services”).

   The Website is owned, operated and maintained by Paperform PTY. LTD. (ACN 615 732 682) (“Paperform”). Access to and use of the Website, or any of its associated Products or Services, is provided by Paperform.

   Please read these Terms and Conditions (the “Terms”) carefully. By using, browsing, reading the Website and/or purchasing Paperform’s Essentials Plan, Paperform Pro Plan or Agency Plan, (collectively “Paperform Plans”) this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Paperform in the user interface. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

   Paperform reserves the right to review, modify, alter, update and/or remove portions of the Terms at its sole discretion at any time by reasonable notice, including without limitation, by posting revised Terms on the Website, which amended Terms shall be binding on you. Any changes to the Terms take immediate effect from the date of their posting on the Website. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Subscription to use the Services

   In order to access the Services and the Paperform Plans (the ”Account”), you must first register for an account through the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, an email address and the creation of a preferred username and password.

   Once you have registered an account through the Website, at the end of a free trial period, you will then be required to purchase a subscription through the Website (the “Subscription”) to continue using the Services and Paperform Plans, and pay the applicable fee for the selected Subscription (the “Subscription Fee”).

   In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

   You warrant that any information provided to Paperform during the registration process is accurate, correct and up to date.

   Once you have completed the registration process, you will be a registered member of the Website (”Member”).  As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the “Subscription Period”).

   You may not use the Services and may not accept the Terms if: 
   
   (a) You are not of legal age to form a binding contract with Paperform; or
   (b) You are an individual barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3. Your Obligations as a Member

   As a Member, you agree to the following:
   
   (a) Use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   (b) You are solely responsible for protecting your registration information (i.e. username and password) and are prohibited from providing your registration information to any other individuals or third party. Sharing your registration information with any individuals or third party is strictly prohibited and may result in the immediate cancellation of the Paperform Plans and Services.
   (c) You agree to immediately notify Paperform of any unauthorized use of your registration information and/or any breach of security of which you have become aware;
   (d) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Paperform providing the Services;
   (e) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Paperform;
   
   (f) You agree that you will not use Paperform’s Services and/or Website to promote and/or partake in any illegal or unauthorized conduct, including, but not limited to, the collection of email addresses for the purposes of sending unsolicited or unauthorized advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited correspondence prohibit by law
   (g) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Paperform for any illegal or unauthorized use of Paperform’s Services and Website; and
   (h) You acknowledge and agree that any automated use of the Website and/or its Services is prohibited.
   (i) You agree that you will not knowingly post and/or upload any materials, contact or URL links within Paperform’s Plans that contain any software/computer viruses that will interfere with Paperform’s Services, Paperform Website and/or any third party’s authorized use of Paperform’s Services and Website.
   (j) You will not upload, post, e-mail, transmit or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s rights to publicity or privacy.
   (k) You will not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, and you will not use Paperform’s Services and Website to harass, threaten, impersonate or intimidate any other person or entity.
   (l) You agree to use the Services in full compliance with all applicable laws, regulations and practices, including but not limited to providing data subjects with appropriate notice as required under the EU's General Data Protection Regulation. Please note you can find our privacy policy located here: https://paperform.co/privacy.

4. Payment

   Where the option is given to you, you may make payment of the Subscription Fee by way of Credit Card Payment (“Credit Card”)

   All payments made in the course of your use of the Services are made using Stripe (”Stripe”). In using the Website, the Services and/or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe’s Terms and Conditions which are available at https://stripe.com/us/privacy.

   You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

   You agree and acknowledge that Paperform can change and/or amend the Subscription Fee at any time and that the amended Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

5. Refund Policy

   Paperform will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if Paperform makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be prorated based on the remaining days that are unused by the Member in his/her Subscription Fee (the 'Refund').

6. Copyright and Intellectual Property

   The Website, the Services and all of the related products and content are the property of Paperform and are subject to laws in Australia and other countries through international treaties. Unless otherwise indicated, all copyright, trademark and other proprietary rights in the Website and in the Services, text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements,interactive features and all other materials are owned, controlled and are reserved to Paperform and/or its contributors.

   All trademarks, service marks and trade names (collectively the “Marks”) are trademarks and/or registered trademarks owned by Paperform and/or third party owners that have granted Paperform a license to use such Marks on the Website and Services. Paperform’s Marks may not be used in connection with any website, product and/or service without the prior written consent of Paperform and the permission of any other relevant rights owners.

   This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

7. DMCA Notice

   Paperform respects the intellectual property rights of others and requires that the individuals and businesses/organizations that use Paperform’s Website and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to Paperform’s Copyright Agent at the address listed below (“Notice”):

   (a) A detailed description of the copyrighted work that you claim has been infringed upon;
   (b) A detailed description of the alleged infringing activity, the URL where the alleged infringing material is located on the Paperform Platform and a screenshot and/or printout of the alleged infringing material;
   (c) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent or the law;
   (d) Your full contact information, including your full name and/or the name of your business/organization, mailing address, telephone number and email address;
   (e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
   (f) A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner and/or are authorized to act on the copyright owner’s behalf.

   Copyright Agent Contact Information:

   Address: Abelman, Frayne & Schwab
   666 Third Avenue, 10th Floor
   New York, New York 10017
   United States of America
   Telephone: (212) 949-9022
   Email: dmca@lawabel.com

   Once you have submitted the above information, Paperform will review your Notice and provide you with a response as quickly as possible.

   Paperform reserves the right to terminate any Subscription Plan of its customers if there are more than three (3) repeat instances of intellectual property infringement by that specific customer. Where a subscription is purchased under the Agency Plan, three (3) repeat intellectual property infringements committed by either the Admin/Owners, Users and/or Viewers will result Paperform’s termination of the business/organization’s Agency Plan.

8. Links to Third Party Websites

   The Paperform Website may include links to third party websites. Paperform does not control nor does it have control over third party websites. By using the Paperform Website and Services you agree and acknowledge that Paperform is not responsible for the availability of third party websites and is not responsible and/or liable for any content, advertising, products or other materials on or available from these third party websites. You further acknowledge and agree that Paperform shall not be responsible and/or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third party website.

9. Privacy

   Paperform takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Paperform's Privacy Policy, which is available on the Website at https://paperform.co/privacy

10. General Disclaimer

    Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Paperform will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Paperform make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Paperform) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    (a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
    (b) The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    (c) Costs incurred as a result of you using the Website, the Services or any of the products of Paperform; and
    (d) The Services or operation in respect to links which are provided for your convenience.

11. Limitation of Liability

    Paperform's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

    You expressly understand and agree that Paperform, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract

    The Terms will continue to apply until terminated by either you or by Paperform as set out below.

    If you want to terminate the Terms, you may do so by: 

    (a) Providing Paperform with 1 days' notice of your intention to terminate; and  (b) Closing your accounts for all of the services which you use, where Paperform has made this option available to you. Your notice should be sent, in writing, to Paperform via the 'Contact Us' link on our homepage.

    Paperform may at any time, terminate the Terms with you if:

    (a) You have breached any provision of the Terms or intend to breach any provision;
    (b) Paperform is required to do so by law; and
    (c) The provision of the Services to you by Paperform is, in the opinion of Paperform, no longer commercially viable.

    Subject to local applicable laws, Paperform reserves the right to discontinue or cancel your membership at any time. Paperform may suspend or deny, in its sole discretion, your access to any and all portions of the Website and/or Services without notice if you breach any provision of the Terms, any applicable law and/or if your conduct impacts Paperform's name and/or reputation and/or violates the rights of those of a third party.

13. Release and Indemnity

    You expressly understand and irrevocably release and forever discharge Paperform, its affiliates, employees, agents, contributors and licensors from liability and/or any and all actions to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

    By using the Website and Services, you agree to indemnify and hold harmless Paperform, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with (i) your Content; (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (iii) any breach of the Terms.

14. Dispute Resolution

    Any dispute, controversy or claim arising out of or relating to the Terms, including without limitation, any dispute concerning the construction, validity, interpretation, enforceability or breach the Terms, shall be exclusively resolved by binding arbitration, rather than in court as follows:

    (a) The complaining party, must give written notice to the other party detailing the nature of the dispute (“Notice”). Upon receipt of the Notice the parties must agree to meet at an agreed location within 30 days of the Notice to attempt to resolve the dispute, controversy or claim in good faith.
    (b) If within 30 days of the Notice, the dispute, controversy or claim is not resolved the complaining party may only seek remedies through arbitration. The demand for arbitration shall be made within a reasonable time after the dispute, controversy or claim has arisen, and in no event shall it be made after 2 years from when the complaining party knew or should have known of the dispute, controversy or claim. The arbitration will be held in New South Wales, Australia and be conducted by the Australian Centre for International Commercial Arbitration under its rules.

    Both parties agree that any dispute resolution proceeding will be conducted only on an individual basis and not in class consolidation or representative actions. Both parties also agree that either party may bring suit in court to enjoin infringement or other misuse of any intellectual property rights.

    All communications concerning negotiations made by the parties arising out of and in connection with this Dispute Resolution Clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

15. Applicable Laws and Jurisdiction

    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

    If any part of these Terms and Conditions are found to be void or unenforceable by a Court of competent jurisdiction, the part deemed void or unenforceable shall be severed from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions in the Terms and Conditions.

17. Contact

    The Paperform Website is owned and operated by Paperform Pty. Ltd. located at 1/1 Prospect St, Leichhardt, NSW 2040 Australia. Please feel free to contact us with any questions, comments or concerns, regarding General Terms and Conditions and/or our Privacy Policy. You can also contact us via email at support@paperform.co.

18. Data Processing Terms

    To the extent that the EU General Data Protection Regulation (EU) No. 2016/679 applies to our relationship with you and that we process personal information as a data processor based on your instructions, the Data Processing Terms (https://paperform.co/terms-data-processing-agreement) shall apply and are binding on the parties.

Terms & Conditions of Use for the Agency Plan

Last Updated 14/10/2017

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO PURCHASING AND USING THE AGENCY PLAN. The following terms apply to Paperform Pty. Ltd.’s (hereinafter “Paperform”) Agency Plan. Paperform’s General Terms and Conditions relating to the use of the https://paperform.co website (the “Paperform Website”) and Paperform’s other services are available at: https://paperform.co/terms.

Please read the Terms and Conditions of Use for the Agency Plan (“Agency Plan Terms”) carefully. By purchasing Paperform’s Agency Plan and clicking “I Agree” you are accepting that you understand and agree to be bound by the Agency Plan Terms.

1. About the Agency Plan:

   The Paperform Agency Plan is designed for businesses/organizations that need to provide employees and/or clients with access to digital forms. Employees and/or clients are permitted access to the use of the Agency Plan only if there is a business and/or contractual relationship with the business/organization that purchased the Agency Plan from Paperform.

   For the purposes of these Agency Plan Terms, a “business relationship” is defined as an association between employee(s) or unpaid volunteers and an organization or client(s)/customer(s) and an organization for the purposes of providing commercial or charitable services. An “employee” is defined as an individual working for another person and/or organization/company for pay. An “unpaid volunteer” is defined as an individual offering its services for no compensation to a charitable or non-profit organization. A “client” or “customer” is defined as an individual and/or organization/company using the professional services of another.

   The Agency Plan provides the businesses/organizations with three levels of access:
   (a) The Admin/Owner that has full access and control over of the forms, the Agency Plan account settings and the employees and/or clients that are permitted access the forms made available through the Agency Plan.
   (b) The Users who can create forms, update forms and view submissions by the Admin/Owner and other permitted Users.
   (c) The Viewers are restricted to read only access of forms and submission results according to the permissions set by Admin/Owner and Users.

2. Agency Plan Subscription Use:

   Access to the Agency Plan is only provided through the purchase of a subscription through the Paperform Website. Once the business/organization has created an account through the Paperform Website, the Admin/Owner will then be required to purchase a subscription the Agency Plan. The registration process may require that contact and/or business information is provided, including, an email address and the creation of a preferred username and password. You warrant that any information provided to Paperform during the registration process is accurate and correct.

   Upon completion of the registration process, your business/organization will be a registered member of the Paperform Website and are bound to these Agency Plan Terms and Paperform’s General Terms and Conditions available at https://paperform.co/terms. As a registered member you are entitled to immediate and full access of the Agency Plan until the expiration of this subscription.

3. Obligation and Conduct of Admin/Owner, Users and Viewers:

   Admin/Owner, Users and Viewers agree to use the Agency Plan services in full compliance with the applicable laws, regulations and/or practices generally accepted in the relevant jurisdictions.

   (a) As an Admin/Owner, you agree to the following:
   (i) As the Agency Plan administrator, you agree only to provide access to the Agency Plan platform to User and Viewers that maintain a business relationship with the Admin/Owner’s company/organization.
   (ii) You are solely responsible for protecting your registration information (i.e. username and password) and are prohibited from providing your Admin/Owner registration information to any other individuals or third party. Sharing your registration information with any individuals or third party may result in the immediate cancellation of services.
   (iii) You are solely responsible for providing Users and Viewers access to the Agency Plan.
   (iv) You agree to immediately inform Paperform of any security breaches and/or unauthorized uses of your registration information and the registration information of your authorized Users and Viewers.
   (v) You agree to use the Agency Plan for only those commercial services approved by Paperform.
   (vi) You agree that you will not use the Agency Plan and/or the Paperform Website to promote and/or partake in any illegal or unauthorized conduct, including, but not limited to, the collection of email addresses for the purposes of sending unsolicited or unauthorized advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited correspondence prohibited by law.
   (vii) You agree that you will not knowingly post and/or upload any materials, contact or URL links within the Agency Plan platform that contain any software/computer viruses that will interfere with Paperform’s Services and the Paperform Website and the business operations of the Users, Viewers or any third party.
   (viii) You agree that you will not impersonate third party persons or any User and/or Viewer in an attempt to gain unauthorized access to software, computer or data owned by any third party individual, the User and/or the Viewer.
   (ix) You will not upload, post, e-mail, transmit or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s rights to publicity or privacy.
   (x) You will not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, and you will not use the Agency Plan to harass, threaten, impersonate or intimidate any other person or entity.
   (xi) If you elect to disable the "Powered by Paperform" branding banner which appears by default at the footer of forms, you agree to provide appropriate notice to data subjects on how their information will be processed by Paperform, as required by the EU's General Data Protection Regulation. Please note you can find our privacy policy located here: https://paperform.co/privacy
   (b) As Users and Viewers, you agree to the following:
   (i) To maintain a business relationship with the Admin/Owner’s company/organization prior to, and at all times, that you have access to the Admin/Owner’s forms through the Agency Plan.
   (ii) You agree to protect your registration information (i.e. username and password) and are prohibited from providing your registration information to any other individuals or third party, except for the Admin/Owner. Sharing your registration information with any individuals or third party may result in the immediate cancellation of services.
   (iii) You agree to immediately inform the Admin/Owner and/or Paperform of any security breaches and/or unauthorized uses of your registration information (i.e. username and password).
   (iv) You agree to use the Agency Plan for only those commercial services approved by Paperform and the Admin/Owner.
   (v) You agree that you will not use the Agency Plan and/or the Paperform Website to promote and/or partake in any illegal or unauthorized conduct, including, but not limited to, the collection of email addresses for the purposes of sending unsolicited or unauthorized advertising materials, junk mail, spam, chain letters, pyramid schemes or any other unsolicited prohibited by law.
   (vi) You agree that you will not knowingly post and/or upload any materials, contact or URL links within the Agency Plan platform that contain any software/computer viruses that will interfere with Paperform’s Services and the Paperform Website and the business operations of the Users, Viewers and Admin/Owner or any third party.
   (vii) You agree that you will not impersonate third party persons or entities or any Admin/Owner in an attempt to gain unauthorized access to software, computer or data owned by any third party individual and/or Admin/Owner.
   (viii) You will not upload, post, e-mail, transmit or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s rights to publicity or privacy.
   (ix) You will not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, and you will not use the Agency Plan to harass, threaten, impersonate or intimidate any other person or entity.

4. Privacy Policy

   Paperform greatly values the security and privacy of its customers. Please review Paperform’s full Privacy Policy at https://paperform.com/privacy, which governs the use of the Paperform Website and Service Plans.

5. Miscellaneous

   For all other Terms and Conditions relating to Paperform’s various policies, including Payment, Refund, Copyright and Intellectual Property, General Disclaimer, Limitation of Liability Release and Indemnity, Dispute Resolution and Applicable Law and Jurisdiction, please review Paperform’s General Terms and Conditions available at: https://paperform.co/terms, which governs the use of the Agency Plan, Paperform Website and Paperform’s other Service Plans.

6. Severance

   If any part of the Agency Plan Terms and Conditions are deemed unenforceable by a court of law that part deemed unenforceable shall be severed from the Agency Plan Terms and Conditions and shall not affect the validity and enforceability of the remaining Provisions in the Agency Plan Terms and Conditions.

7. Contact

   The Paperform Website and the Agency Plan are owned and operated by Paperform Pty. Ltd. located at 1/1 Prospect St, Leichhardt, NSW 2040 Australia. Please feel free to contact us with any questions, comments or concerns, regarding our Agency Plan Terms, our General Terms and Conditions and/or our Privacy Policy. You can also contact us via email at support@paperform.co.