Care plan terms
The short version, which is a summary and does not form part of these terms. A Care plan is month to month. It can be cancelled any time. The monitoring reads and never writes, and nothing in a customer's account is changed without them saying yes to that change. Every right FFP Digital takes below comes with a way out.
The terms themselves follow.
Who
These terms apply between FFP Digital Pty Ltd ABN 85 696 412 692 (FFP Digital) and the business that subscribes to a Care plan (the Customer). The Customer accepts these terms at checkout, and that acceptance is recorded against the subscription with the date and time it was given.
What a Care plan is
FFP Digital monitors the systems named in the Customer's plan, notifies the Customer where a fault is detected, carries out the work the plan includes, and sends the Customer a monthly report on those systems. The description of each plan published at ffpdigital.com.au/care forms part of these terms, and the plan the Customer holds is the plan the Customer paid for at checkout.
Access
A Care plan needs read access to each system being monitored, and the Customer provides that access. FFP Digital sends read requests only, and makes no change to a Customer system without the Customer agreeing in writing to that specific change first. The Customer may withdraw access at any time, and where access is withdrawn FFP Digital tells the Customer which parts of the plan can no longer be delivered.
Included time
Each plan includes an approximate amount of FFP Digital's time each month for small changes and requests, as published on the Care page. Time not used in a month does not accrue to the following month. Where a request needs materially more time than the plan includes, FFP Digital tells the Customer before starting it and quotes that work separately, and FFP Digital charges nothing further without the Customer agreeing to it in writing first.
Response
FFP Digital replies to a Care request within one business day, or within the same business day on the Partner plan. A business day is Monday to Friday excluding Queensland public holidays. Where FFP Digital does not reply within that time, the Customer may ask for that month's fee back, and FFP Digital refunds it within five business days of the request.
Money
The fee for a plan is the amount published on the Care page when the Customer subscribes, in Australian dollars and exclusive of GST, with GST added at checkout. The fee is charged monthly in advance from the day the Customer subscribes. Payment is processed by Stripe, and FFP Digital does not hold the Customer's card details.
Changes to the fee
FFP Digital may change the fee for a plan by giving the Customer 30 days notice in writing. The Customer may end the plan at any point before the new fee takes effect, and in that case the existing fee applies until the plan ends.
Changes to what a plan includes
FFP Digital may change what a plan includes by giving the Customer 30 days notice in writing. Where the change reduces what the plan includes, the Customer may end the plan without penalty at any time within that 30 day period and FFP Digital refunds the unused part of the period already paid for.
Ending it
Either party may end a Care plan at any time by telling the other in writing. Where the Customer ends it, the plan runs to the end of the period already paid for and does not renew. Where FFP Digital ends it, FFP Digital refunds the unused part of the period already paid for.
Within five business days of a plan ending, FFP Digital gives the Customer every template, file and configuration FFP Digital holds for the Customer, in the format FFP Digital holds it, and stops accessing the Customer's systems. FFP Digital destroys the Customer's access credentials at the same time.
What a Care plan is not
FFP Digital's work under a Care plan is monitoring and maintaining systems the Customer already runs, and making small changes to them. It does not include the following.
- Building a new report, integration, migration or website. Each of those is quoted on its own, at a fixed price agreed before the work starts.
- The Customer's own subscription to ServiceM8, Xero or any other third party service, which the Customer holds and pays for directly.
- Advice on whether anything complies with a standard, code or law, and advice on fire safety, work health and safety, tax or legal matters. Where FFP Digital sees something of that kind it describes what the system does and leaves the decision with the Customer.
- Recovery of data lost by a third party service.
- Repair of a fault inside a third party service. Where a third party causes a fault, FFP Digital tells the Customer what it found and what the options are.
Limits
Monitoring detects what the Customer's systems make available to be read, so FFP Digital does not represent that every fault is detected. Where a fault is not detected and later comes to light, FFP Digital corrects it within the plan at no further charge. Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy under the Australian Consumer Law that cannot be excluded, restricted or modified.
General
These terms are governed by the law of Queensland. Where a term is found unenforceable it is severed and the rest continues to apply. These terms and the plan description on the Care page are the whole of the arrangement between the parties for a Care plan, and a quote for separate build work is its own arrangement.