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Terms of Service

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Summary

  • The business data you enter belongs to your business. You may export it at any time, and you may require us to delete the workspace at any time.
  • The trial requires no payment card. At the end of the trial, or on a failed payment, the workspace becomes read-only. Nothing is deleted because a subscription has stopped: a locked-out workspace is kept at least 180 days, and we email its owner the deletion date and a download of the data before anything is deleted.
The rest of the summary
  • Subscriptions are billed in advance for the cycle you selected, at the price published for your plan when you subscribe, and renew until you stop them. On a monthly cycle there is no minimum term and no exit fee; a yearly term runs to the end of the year you have paid for, and the controls that stop either of them are in your workspace under Settings, then Plan and billing.
  • Messages sent from your workspace are sent on your behalf. Consent, the identification of your business and unsubscribe facilities are your responsibility, as is notifying your drivers before their location is recorded.
  • Your licences, towing authorisations and statutory registers are your legal obligations. We reproduce what you enter. We do not check it against the law for you.
  • Your rights under the Australian Consumer Law are unaffected by this agreement. Beyond those rights, the liability of each party is capped, and clause 17 states how.
  • We give at least 30 days' notice before a material change to these terms takes effect, and you may close your workspace before it applies.
  • Disputes proceed by discussion between the parties, then mediation, then the courts of New South Wales.

This summary is provided for convenience; the clauses below prevail.

1. The parties, and the scope of these terms

These terms govern the supply of TowConnect, business-management software for towing and roadside operators, to your business. By creating a workspace or using the service you accept these terms on behalf of your business, and you warrant that you are authorised to accept them on its behalf.

The agreement is with TOW CONNECT SOFTWARE PTY LTD · ABN 89 668 753 651 · Belmore NSW 2192.

They apply to your workspace, the driver application, the pages your workspace publishes to your own customers, our API, and anything else we make part of the service. The Refund and Cancellation Policy and the Privacy Policy form part of these terms.

2. The nature of the service

TowConnect is software you use to operate your own business. We are not a towing service, a motor club, a dispatch desk, an insurer, a debt collector, or your lawyer or accountant. We do not answer your phone, quote your jobs, set your prices, choose who you tow for, negotiate your rates, or pay for anything you do. Whether a tow is lawful, what you charge for it and what you are required to record are matters for your business.

3. Your workspace and your data

  • You own the business data you enter. We claim no rights over it.
  • You grant us permission to hold, copy, transmit and back up that data only so far as is necessary to operate the service for you, keep it secure, assist you at your request, and comply with a legal obligation. That permission ends when this agreement ends.
  • You may export your data at any time from Data, then Export data, including while your workspace is read-only.
  • You may require us to delete your workspace and its data. Clause 8 and the Privacy Policy state what happens to it when a subscription ends.
  • We do not use your business data to advertise to anyone, and we do not train anything on it. We count information that cannot identify any person - the number of jobs the product handles in a week - in order to operate and improve the service.

4. Your responsibilities

  • Accuracy of your entries. Everything TowConnect produces is generated from what you and your personnel enter into it. You are responsible for the accuracy of that data, for holding the right to store it, and for any action you take in reliance on what the product displays.
  • Your own legal compliance. Your licences and accreditations, towing authorisations, the statutory registers and the approved forms they are printed on, road rules, fee caps and storage charges, insurance, employment, and work health and safety. TowConnect assists you to produce records; it does not make you compliant, and we do not check your entries against the law for you.
  • Your users. You must keep sign-in credentials secure. You are responsible for what the people you authorise do in your workspace, and for removing their access when they leave.
  • Your own customers. The agreement between you and the person whose vehicle you tow is yours. We are not a party to it.

5. Electronic messages you send

  • You are the sender. Messages sent from your workspace are sent on your behalf. Under the Spam Act 2003 (Cth) the sender is the business that authorised the message, and that business is you. TowConnect provides the facility.
  • Consent. You must hold consent from each person to whom you send marketing, and you must be able to demonstrate when and how it was obtained.
  • Identification of your business. Your legal name, or your name and ABN, must appear in the message and must remain accurate for at least 30 days after it is sent. You must keep those details correct in your settings, because those are the details we print.
  • Unsubscribe facilities. Marketing messages must carry a functioning unsubscribe facility that costs the recipient nothing, requires no account and no further details, and is acted on within five business days.
  • Purely factual messages. A message that conveys information alone - where a vehicle is, or what is owed - is factual. The consent and unsubscribe requirements do not reach it; the requirement to identify your business does.
  • Sender IDs. A Sender ID must be accurate, must be yours, and must be registered where the telecommunications rules require it. We may change, replace or disable a Sender ID where we reasonably believe compliance or the operation of the service requires it, and we may stop a workspace sending where we reasonably believe a regulator, a carrier or a serious complaint requires it. We will state our reasons, and we will restore the facility as soon as the cause is resolved.
  • Carrier handling. Telecommunications carriers block, filter, delay and reject messages at their own discretion. That is outside our control and is not our responsibility.
  • Our attribution line. Where we send a message on our own account rather than yours, it carries a short statement that it was sent using TowConnect. That statement is in addition to the identification of your business, never in substitution for it.

6. Driver location, photographs and your personnel

  • Notice to your drivers. In New South Wales the Workplace Surveillance Act 2005 requires an employer to give written notice at least 14 days before tracking begins, and to display a visible notice on a vehicle that is tracked. Other states impose their own requirements. We supply the feature; giving the notice is your obligation.
  • Access to location data. The workspace owner and the users you have made administrators. Drivers see their own jobs.
  • Photographs. Photographs of vehicles, number plates and damage are personal information about the people to whom those jobs relate. You decide what is photographed and for what purpose, and the Privacy Policy states how we hold it.

7. Subscriptions and billing

  • The subscription. Your subscription is for one workspace, on the plan and the billing cycle you select. The price is the price published for that plan and cycle on our pricing page at the time you subscribe. It is shown under Settings, then Plan and billing, in the workspace and on every receipt, and GST is added to it where we are registered to charge GST.
  • The introductory price. Your first 3 monthly charges are at the introductory price published with the plan you select. After those, the standard price for your plan applies.
  • The paused plan. A paused subscription keeps a workspace read-only with its data intact, at the price published for the paused plan under Settings, then Plan and billing, for the periods when your trucks are off the road. To move onto it, open Settings, then Plan and billing, and under "Close this workspace" press "Pause my workspace".
  • The trial. New workspaces begin with a 14-day free trial, and no payment card is required. At the end of the trial the workspace becomes read-only until you press "Start your subscription" under Settings, then Plan and billing.
  • When access begins. Your workspace is created and available for use immediately on sign-up.
  • Renewal. Your subscription continues from one billing cycle into the next, and we charge the card on file each cycle, until you stop it. On a monthly cycle there is no minimum term and no exit fee. A yearly term is a fixed term: it is paid for the year and runs to the end of it.
  • Your billing cycle. Monthly or yearly, as selected by you. It is shown under Settings, then Plan and billing, and on every receipt.
  • A yearly term is paid for the year, and is a minimum term. It is priced below twelve monthly charges because it is fixed for the year. If you close a yearly workspace before the term ends, it remains open to the end of the term you have paid for, and then becomes read-only; the unused part is not refunded, except where the Australian Consumer Law requires it. If instead you pause the workspace, the whole months left on the year are credited against the paused plan rather than refunded.
  • Ending a yearly term. To move to monthly billing when the year ends, open Settings, then Plan and billing, then Change plan, and press "Switch to monthly"; the year runs to its end and monthly charges begin after it. To stop paying altogether, close your workspace: open Settings, then Plan and billing, and press "Close this workspace". A yearly workspace remains open to the end of the year you have paid for, and nothing further is charged.
  • Discounts. Where a discount applies to your subscription, it runs for the period we notify to you when it is applied. When it ends, the standard price for the plan you are on applies, and that is not a price increase, so the 30 days' notice of a price increase in this clause does not apply to it.
  • When we charge. Your first charge is made on the day your trial ends, or on the day you start a subscription if your trial has already expired. After that, on the same day of each cycle, to the card on file. Every charge is receipted by email and recorded under Settings, then Plan and billing.
  • Before the introductory price ends. We email you twice before your first charge at the standard price.
  • An increase to a price you already pay. A change to the published price of a plan takes effect for a subscription already running no sooner than 30 days after we notify you of it. We will email you at least 30 days before the new price applies, and you may close your workspace before it does. A reduction applies as soon as it is published.
  • Your jobs a month, and a move between plans. Each plan publishes the jobs a month it is built for. Where your workspace is above that figure for the number of consecutive months published with it, we move you to the plan above and give you notice first; the notice period for a plan move is published beside the jobs a month on our pricing page and under Settings, then Plan and billing. Moving you to another plan is not an increase to the price of the plan you are on, and the 30 days' notice of a price increase does not apply to it. Nothing is ever charged per job, per truck or per login.
  • A payment that fails. We reattempt the card after 1 and 3 days, and we email you each time an attempt fails, stating the date of the next attempt. After 7 days the workspace goes read-only and free of charge. After a further 30 days with the amount still outstanding it is locked out: you can then sign in only to pay, under Settings, then Plan and billing, or to print your statutory registers, under Jobs, then Registers. Paying reopens it automatically from either state.
  • Read-only access. You may sign in, read, export, print your statutory registers, release vehicles, receive payments and complete work already out with a customer. No new work is started.
  • Nothing is deleted because a subscription has stopped. A workspace we lock out is kept for at least 180 days. Before we delete one, we will email its owner the deletion date and a download of the data: jobs, clients, accounts, invoices, storage records, trucks, drivers and photographs; anything too large for a single archive will be sent on request.
  • Your statutory registers are not in the export, or in the download we send before a deletion. They are approved-form documents that must be printable on demand for police or an inspector, and are therefore printed from the Registers page in your workspace. In New South Wales those records must be kept for at least five years, which outlives any subscription: print the packs you are required to keep while your workspace is open, and retain them. You must check the period that applies to your own licence category. We do not check it for you.
  • Tax and currency. Prices are published and charged in the currency shown beside them on our pricing page, under Settings, then Plan and billing, and on every receipt. Where we are registered to charge GST we add it to the price shown and state it on the receipt, which then states the price, the GST and the total.
  • Payments from your own customers. Your customers pay you through your own payment provider account, under that provider's terms. You are the seller and the merchant for those payments: refunds, disputes and chargebacks are between you, your customer and your provider, and a refund is made in your provider account. We never receive or hold that money, and those payments are not part of your subscription.

Billing enquiries: billing@towconnect.co.

8. Closing, reopening and refunds

These matters are set out in the Refund and Cancellation Policy, which forms part of these terms. In summary: you close your workspace under Settings, then Plan and billing, by pressing "Close this workspace", once your account is settled; nothing further is charged after that; nothing is deleted while it is closed; and you may reopen it under Settings, then Plan and billing, by pressing "Reopen this workspace". A workspace on a monthly cycle remains open to the end of the month you have paid for, and then becomes read-only. A paused workspace is already read-only, so it closes on the day you close it, and you keep everything a paused workspace keeps. A workspace on a yearly term remains open to the end of the term you have paid for, and then becomes read-only. If we were ever to set a limit on how long we hold a closed workspace, its owner would be notified first, with the date and a download.

9. Connected services

TowConnect can connect to third-party services on your instruction - for example Google (email sending), Xero (accounting sync) and payment providers such as Stripe. By connecting one, you authorise us to exchange your workspace's data with that service as described in our Privacy Policy, and you authorise that provider to receive the data the connection requires. Your use of the provider itself is governed by its own terms, and what it does with your data is a matter between you and it. You may disconnect at any time from the Connect page in your workspace's settings. We are responsible for our side of the exchange, not for the third-party service.

10. Acceptable use

  • You must not use TowConnect to break the law, to send messages you have no consent to send, to store content you have no right to store, or to probe, overload or disrupt the service.
  • A subscription is for one towing business. You must not share a workspace with another business or resell access to it.
  • We may set fair-use limits, including the number of calls you may make against our API. We will publish them, and we will give you the notice in clause 20 before we reduce one. If your use is degrading the service for other customers we will notify you and resolve it with you before taking any further step.

11. Suspension, and ending the agreement

  • You may end this agreement at any time by closing your workspace: open Settings, then Plan and billing, and press "Close this workspace" (clause 8).
  • If you do not pay, the ladder in clause 7 applies and nothing else follows: read-only after 7 days, locked out after a further 30. Paying reopens it.
  • If either party breaches these terms in a way that can be remedied, the other may say so in writing. We may end this agreement if you do not fix it within 14 days. You can end this agreement, and recover anything you have paid for a period you can no longer use, if we do not fix it within 14 days.
  • We may suspend a workspace immediately, without a cure period, where we reasonably believe it is being used to break the law, to harm a person, to attack the service or another customer, or where a regulator, a carrier or a payment provider requires it. We will state our reasons, we will limit the suspension to what the cause requires, and we will lift it as soon as the cause is resolved.
  • A workspace locked out for non-payment can still be signed into, to pay under Settings, then Plan and billing, or to print its statutory registers under Jobs, then Registers. If your workspace is locked out or suspended and you need to print a record the law requires you to keep, write to billing@towconnect.co and we will put it back into read-only for long enough to print it.
  • If we cease to offer TowConnect, we will give you at least 90 days' notice, refund the unused part of anything you have paid in advance, and keep your export working for the whole of that period.
  • Either party may end this agreement, so far as the law allows, if the other becomes insolvent.

12. Intellectual property, and the licence you have

  • TowConnect - the software, the design and the documentation - is our property and remains our property. These terms grant your business a licence to use the service for the duration of your subscription, and nothing further.
  • You must not copy or resell the service, reverse-engineer it except where the law permits, scrape it, or use our software, our documentation or the manner of its construction to produce a competing product.
  • If you tell us how the product could be improved, we may use that without obligation to you.

13. Confidential information

Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it at least as carefully as its own. Your business data is your confidential information. We may disclose it to the people and companies who assist us to operate the service - our own people, our professional advisers, and the companies listed under clause 14 - where they are bound to keep it confidential on terms no less protective than these. This clause does not apply to information that is already public, that either party developed independently, or that a law requires us to disclose - and clause 19 states what we do then. This clause survives the end of this agreement.

14. Privacy, and the responsibilities of each party

  • The Privacy Policy forms part of these terms so far as it states what we do with personal information. What it says about how the service is built and operated describes our practice today; it is not a warranty about how the service will always be built.
  • For the personal information you record about your own customers, drivers and suppliers, you determine what is collected and for what purpose, and we handle it on your instructions. In privacy terminology you are the controller and we are the processor.
  • Certain obligations are therefore yours: collecting lawfully, informing people what you do with their information, answering them when they ask to see or correct it, and keeping it accurate.
  • We publish the list of companies that handle information for us in clause 8 of the Privacy Policy, and we will notify you at least 14 days before a new one begins.
  • If we become aware of a breach affecting your workspace's data, we will tell you as soon as practicable and give you what you need to decide who else must be told. Under the Notifiable Data Breaches scheme both parties may hold that information and only one of them needs to notify: we will agree which of us it is.

15. Service, support and security

  • We use commercially reasonable efforts to keep TowConnect available. We do not promise an uptime figure and we do not offer service credits.
  • We give notice of planned maintenance where it is practicable to do so. Some maintenance cannot be deferred.
  • Support is provided by email, at the mailboxes on the Contact page. We do not staff a telephone desk.
  • Your workspace has its own database. Traffic is encrypted, backups are encrypted before they leave our servers, and our own access is limited to what operating the service and assisting you requires.
  • If your data is lost or damaged, our obligation is to use reasonable efforts to recover it from the backups we hold. We undertake nothing further.
  • Subject to clause 16, we do not warrant that TowConnect will be uninterrupted or free of errors, or that it will be fit for a purpose you have not told us about, and every other guarantee, warranty or condition the law would otherwise imply is excluded so far as the law allows.

16. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These terms do not exclude, restrict or modify those guarantees, or any other right you have that the law does not permit us to affect. Where a guarantee applies and we have not met it, you are entitled to the remedy the law gives you, whatever the rest of these terms provide.

17. Limitation of liability

  • Clause 16 prevails. Nothing in this clause affects the consumer guarantees.
  • Where the law permits us to limit what we owe you for failing a guarantee in respect of services, our liability is limited to supplying those services again, or paying the cost of having those services supplied again.
  • For everything else, each party is liable to the other for direct loss only, and the most either of us can be made to pay in total, for everything arising under this agreement, is the subscription fees you paid us in the 12 months before the first event in the series that caused it. That amount is never less than one month at the standard price for your plan, so that a claim in your first month is not capped at nil.
  • Neither party is liable for loss of revenue, profit, goodwill, customers, business opportunity or expected savings, for damage to reputation, for loss under another contract, or for indirect, special, punitive or consequential loss of any kind.
  • The cap does not apply to: fees you owe us; either party's fraud or deliberate wrongdoing; death or personal injury caused by either party's negligence; either party's breach of clause 13; or the two indemnities in clause 18.

18. Indemnities

  • You indemnify us against a claim brought against us by another person because of content you stored that you had no right to store, a message you sent that broke the messaging rules in clause 5, a tow, storage charge or release you carried out, or your breach of clause 4 or clause 6. The indemnity extends to our reasonable legal costs of dealing with that claim.
  • We indemnify you on the same terms against a claim that TowConnect itself infringes another person's intellectual property.
  • In either direction, the party seeking cover must notify the other promptly, must permit the other to assume the defence if it wishes to, and must not settle without asking. Neither indemnity covers a claim caused by the indemnified party's own breach or negligence.

19. Requests from police, courts and regulators

If police, a court, a regulator or another person with legal authority requests your workspace's data, we will notify you before we disclose anything, unless the law stops us. We act on a subpoena, a warrant or a court order, not on a telephone call, and we provide only what the request requires. Where a request is unusually large or complex we may charge our reasonable costs of answering it.

20. Changes to these terms

  • We will notify workspace owners at least 30 days before a material change takes effect: by email to the workspace owner's address, and under Settings, then Plan and billing. It applies only from that date.
  • If you do not accept the new terms, you may close your workspace before they apply: open Settings, then Plan and billing, and press "Close this workspace". Nothing further is charged.
  • Changes that do not affect your rights - a clearer sentence, a corrected mailbox, a new company on the list in clause 14 - are made as they arise, and the date at the top of this page moves.
  • We do not treat your silence as agreement to a material change.

21. Disputes, and the governing law

  • If a dispute arises, write to us first. Each party will nominate a person able to decide the matter, and we will confer within 10 business days.
  • If that does not resolve it, either of us can ask for mediation before starting a proceeding, and the mediator's costs are shared.
  • Either party may apply to a court for urgent relief without first writing to us or asking for mediation.
  • None of this suspends your access to your workspace, and none of it prevents you complaining to a regulator.
  • These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state and the courts of appeal from them.

22. General

  • Precedence. These terms, the Refund and Cancellation Policy and the Privacy Policy are one agreement. If they conflict, these terms prevail - except on refunds, closing and reopening, where the Refund and Cancellation Policy prevails, and on personal information, where the Privacy Policy does. Nothing in this clause displaces something we have told you in writing about the service.
  • Notices. We write to the workspace owner's email address and to any other address you have given us for notices; you write to the mailbox that matches the subject. An email is taken to be received on the next business day.
  • Assignment. Either party may transfer this agreement to a purchaser of that party's business, or to a company in the same group, on notice to the other. Neither party may otherwise transfer it without the other's consent. We may have parts of the service performed by the companies listed under clause 14.
  • Events outside a party's control. Neither party is responsible for a delay or failure caused by something outside its reasonable control - a network or power failure, an upstream provider outage, a natural disaster, an epidemic or a government order. That never excuses paying money that is owed, and if it continues for more than 30 days either party may end this agreement on notice.
  • Severability. If a court or a regulator finds a term unenforceable, that term is severed and the rest of this agreement continues in force.
  • Relationship of the parties. Nothing in this agreement makes either party the other's employee, partner or agent.

23. Contact

Enquiries about these terms: hello@towconnect.co. Every way to reach us is set out on the Contact page.