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Subscription Agreement

Legal > Subscription Agreement

1. Introduction

This Subscription Agreement shall be applicable only to the Publishers/organizations who have signed up on our web application, namely, ‘Paxform – Publisher Web App’ available on the Desktop, and managed by Paxform Pty Ltd, a NSW based proprietary limited company, having its registered office address at Level 2, 11 York Street, Sydney, NSW 2000, Australia.

This Agreement will be deemed as accepted by you by accessing the Web App or by registering on or using or purchasing one of our Subscription plans or availing our Services in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement.

In addition to this Agreement, our Community Guidelines, Refund Policy, Cookie Policy and Privacy Policy statement posted on the Web App shall also be applicable to you. 

2. Definitions

For the purposes of this Subscription Agreement, the following capitalised terms shall have the following meaning: 

  1. ‘Agreement’ shall refer to this Subscription Agreement, applicable to the Publisher.
  2. ‘Applicant(s)/User(s)/Customer(s)’ shall refer to your applicants/users/customers, to whom you make the Forms available. 
  3. ‘Community Guidelines’ shall refer to the Community Guidelines posted on our Web App.
  4. ‘Company’ refers to Paxform Pty Ltd, a NSW based proprietary limited company, having its registered office address at Level 2, 11 York Street, Sydney, NSW 2000, Australia.
  5. ‘Form(s)’ shall refer to the forms created by Publishers using the Services on our Web App.
  6. ‘Mobile App’ shall mean our mobile app, namely, “Paxform”, as available on Apple App Store and Google Play Store.
  7. ‘Service(s)’ shall mean the services offered to you by Paxform on the Web App, and as updated from time to time.  For example, services for creating various forms, sharing of forms with the Applicants/Customers, viewing the responses and processing the applications, sending notifications and alerts to the Applicants/Customers, etc. When you purchase one of our Subscription plans, then depending upon the plan that you purchase, you will be made available with one or more of the Services as available on the Web App.
  8. ‘Subscription’ shall refer to the subscription of the Web App as purchased or that can be purchased by you (Publisher) in order to use the features and functionalities of the Web App. 
  9. ‘Privacy Policy’ shall refer to the Privacy Policy statement posted on our Web App.
  10. ‘Publisher’ shall refer to you, a business entity or an organization, which has registered/signed up on our Web App. 
  11. ‘Web App’ shall refer to the web application, namely, ‘Paxform – Publisher Web App’, as made exclusively available for the Publishers such as yourself, on the desktop.

3. Acceptance Of This Subscription Agreement

By registering on our Web App or purchasing one of our Subscription plans or by using or accessing the Web App or our Services made available through the Web App, or by clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that you have read, understood, and agreed to be bound by this Agreement and any future updates and additions to this Agreement, as published from time to time at the Web App.

4. Web App Updates

From time to time, we will bring new updates to our Web App, mostly in order to enhance your experience and/or to improve the safety and security of our platform and Publishers, or for any other reason as we deem fit at our sole discretion. You agree to update the Web App as and when such updates are made ready and available by us.

5. Limited License

Our Web App, and all of its Services, features and functionalities are being provided to you on a non-exclusive basis, contingent upon you paying the required fees by choosing one of our Subscription plans. Specifically, we only grant you a limited, non-exclusive, non-transferable, revocable right to use and/or access the Services for your business purposes. We reserve the right to revoke this license if at any time you are found to be misusing our Services or breaching this Agreement or simply when you fail to make the payment for the Services. You are expressly prohibited from sharing the access to your account with any person outside of your organization. If you are found to be sharing your account login access in violation of this Section, then we reserve the right to terminate your access immediately, and in such cases you will not be eligible to receive a refund for the unutilized portion of your Subscription.

6. Publisher’s Obligations, Registrations and Warranties

You represent, warrant and agree that: 

  1. you are authorized representative of a lawfully incorporated business entity on whose behalf you are creating an account, and are fully able and competent to understand and agree to this Subscription Agreement; 
  2. you have full power and authority to accept the Agreement on behalf of the Organization, and the authorization to perform the obligations hereunder; 
  3. you have read, understood and consented to our Community Guidelines, Refund Policy, Cookie Policy and Privacy Policy statement posted on the Web App;
  4. you shall use the Web App and Services for business and professional purposes only; 
  5. your business is validly existing and incorporated / established as per the provisions of applicable laws, and your business is not prohibited as per laws of the jurisdiction to which you are subject; 
  6. you are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information;
  7. you shall comply with all applicable laws while using and accessing the Web App and its Services. This includes but is not limited to laws and regulations pertaining to email solicitation, spam, financial and monetary schemes, phishing, computer fraud, computer crimes, unauthorized collection or use of data of any kind including but not limited to data that is protected by law, fraud, deception, invasion of privacy, defamation, discrimination, harassment, terrorism, and the like; 
  8. any services provided or planned to be provided by you or the services for which you want to collect the information from the Applicants/Customers, comply with applicable laws; 
  9. you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any service that you provide; 
  10. any service or content or description that you post in the Forms does not and will not violate our Community Standards; 
  11. you will be polite and generous in your interaction with the Applicants/Customers, and will not abuse, harass, or be rude to them;
  12. Publisher consents to the inclusion of the contact information about Publisher in Paxform’s database and usage of the same as per the Privacy Policy.

The failure of the Publisher to comply with any of the above, or any other provision of this Agreement can lead to necessary action taken by Paxform, including without limitation, suspension or removal of the account, without the refund of any unutilized Subscription fees and take other legal recourse, at the sole discretion of Paxform.

7. Subscription, License and Refunds

  1. Subscription: Paxform offers various features and functionalities on Web App. For example, services for creating various forms, sharing of forms with the Applicants/Customers, viewing the responses and processing the applications, sending notifications and alerts to the Applicants/Customers, etc. When you purchase one of our Subscription plans, then depending upon the plan that you purchase, you will be provided with a license to one or more of the features and functionalities available on the Web App. More details of the license are provided in Section 4 above.
  2. Plans: We presently have three subscription plans: i) Business Essential ($29.90/user/month) ii) Business Standard – ($39.90/user/month), and iii) Business Plus – ($49.90/user/month). 
  3. Subscription Fee: The Subscription fee depends upon the plan that you purchase from Paxform. We reserve the right, in our sole discretion, to modify the prices of our Subscription plans, without any notice. However, if you have already purchased a Subscription plan at an older price, you will continue to enjoy that Subscription plan for its respective duration. 
  4. Automatic Renewals: You will be billed in advance on a recurring, periodic basis for paid subscription plans. Your Paxform subscription will automatically renew at the end of each billing cycle until you cancel your subscription. You can also cancel your Paxform subscription by submitting a request to support@paxform.com. 
  5. Downgrades: Downgrading your Paxform account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, Paxform does not accept any liability for such losses. Downgrading your subscription will not cause you to lose your Forms or your data.
  6. Cancellations: Paid plans are subscriptions that auto-renew by default. You can cancel auto-renew at any time to cancel your subscription. You can also delete your account entirely. Canceling auto-renew prevents your payment method from being charged at your next billing date. Your current subscription (the time you already paid for) isn’t affected, so you’ll continue to be able to access and benefit from paid features until your next billing date.
  7. Discount and Offers: We also may run various discounts and offers on one or more of our Subscription plans from time to time, and we reserve the right to modify, cancel or revoke any such discount or offer, at our sole discretion.
  8. Applicable Taxes: Depending upon the laws of the jurisdiction that you are subject to, we may have to charge you an additional tax on our Subscription plan. If such is the case, you will be able to see the amount of tax and the aggregate amount payable by you before you make the payment.
  9. Free Trial: If for any reason you decide to cancel your account within 14 days of your first payment, you will be issued a refund for the full amount. Please submit your request to support@paxform.com.
  10. Termination of License: Your license will automatically terminate at the end of your Subscription period. In order to continue to enjoy our Services, you are required to renew your Subscription at the rates prevailing at the time of such renewal.
  11. Cancellation of License: We reserve the right to revoke your license for the violation of this Agreement, our Community Standards, or any other term of Paxform.

8. Ownership and Intellectual Property

  1. Rights of Paxform: This Web App, our website, Mobile App, logos, its content, designs, trademarks, trade dress, trade name, software, all of our features, functionalities and services, shall remain the sole property of the Paxform, and/or its licensors, as the case may be. Your use of or access to this Web App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Web App, our services, any content (except your own content), designs, published by us or our licensors or third parties. 
  2. Your Rights: The content, including without limitation, the forms you create may be protected by intellectual property laws. You own the intellectual property rights in any such content that you create or share on the Web App. Nothing in this Agreement takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
  3. Our License:  However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing you the services as requested by you. 
  4. Terminating our License: You can end this license for specific content by deleting such content, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  5. Rights of Users/Applicants: When you receive responses from the Applicants/Users/Customers, then it is the Applicants/Users/Customers who would hold the intellectual property rights in the responses or content that they submit or share with you, including (without limitation) text, characters, numbers, visual content, audio content, software, music, sound, photographs, graphics, messages, tags, and the like, unless anything contrary has been agreed between you and such Applicants/Users/Customers.

9. Restrictions

Publisher shall not, and shall not permit anyone to: (i) copy or republish the Services or Web App, its features and functionalities, (ii) make the Services available to any other person without our prior written consent, (iii) modify or create derivative works based upon the Services (except to the extent permitted), (iv) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Web App, (v) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Web App used to provide the Services, (vi) access the Services in order to build a similar product or competitive product, (vii) damage or weaken or harm any of the servers of Paxform, (viii) access or attempt to access the Services or Web App in any unauthorized manner, (ix) transfer or sell Paxform account, or share the login credentials with any third-party, (x) breach any applicable law or commit any offence using the Services, (xi) use Forms or links to the Forms for the purpose of promoting products or services on third-party platforms, social media, or websites where such use violates this Agreement, or Community Guidelines, or where it consists of or constitutes any form of spamming or other unwanted solicitation, (xii) use Web App to collect, use, or disclose personal information protected from any of these activities under privacy laws, (xiii) use the service to collect, use, or disclose  credit card information or any type of login credentials, (xiv) use the Service in connection with any website or platform that contains any form of misleading, fraudulent, defamatory, obscene, violent, illegal, harassing, hateful, or pornographic content.

10. Uptime

Paxform will use commercially reasonable efforts to make the Web App and Services available for access by the Publisher 97% of the time, measured on a monthly basis, excluding Planned Outages. “Planned Outages” shall mean the installation of upgrades, routine application, server, or network configuration changes, and other reasonable maintenance activities. Paxform will post an advance announcement of any Planned Outage or intimate the Publisher about the same through any other way.

11. Complaints

In case, any user has complained about any aspect of the content or form shared by you, we will look into such complaints, provide you a reasonable opportunity of being heard, and then take a decision on what action is to be taken against you. In case, you are found to be violating any provision of this Agreement, we reserve the right to suspend or remove your account, and prohibit future use of our Services to you, at our sole discretion. You hereby agree to fully cooperate with us on a timely basis for the resolution of the complaints submitted against you or your content or form. 

12. No Warranties

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, WEB APP AND OUR SERVICES ARE PROVIDED TO YOU “AS IS”. WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING WEB APP OR OUR SERVICES, INCLUDING THAT OUR SERVICES WILL BE AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF USE OF OUR SERVICES OR THE WEB APP.

13. Limitation of Liability and Indemnity 

  1. To the maximum extent permitted by law, in no event shall Paxform (or our licensors or affiliates) be liable to you or any third party for any financial loss, loss of time, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Web App, even if Paxform has been advised of the possibility of such damages. Access to, and use of, the Web App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or business, or loss of data resulting therefrom.
  2. Without prejudice to the sub-section (i), our maximum liability to you, in all circumstances, shall not exceed the amount of Subscription fees paid by you in the last 12 (twelve) months.
  3. Publisher agrees to indemnify Paxform, affiliates, directors, employees, agents, representatives and third-parties and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your shared content; (ii) from your use of the Web App or any of the Services; (iii) from your breach of the Agreement or breach of any applicable laws; (iv) your negligence or wilful misconduct; (vi) any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the use of any of the Services.

14. Copyright Notice

  1. Our Rights: If we are put on notice that your content violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable, we may remove your content from our platform, and/or delete, suspend your account from Paxform. 
  2. Infringement of your Copyright: Please notify us if you believe any of your intellectual property rights have been infringed on our App or website. Please file your copyright infringement claim with our Copyright Agent, namely, Chidi Okechukwu at chidio@paxform.com for such complaints and claims.  
  • You are required to follow the below procedure to file a claim:
    1. Identify in writing the copyrighted material that you claim has been infringed upon;
    2. Identify in writing the copyrighted material that has infringed upon your copyright;
    3. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;
    4. Provide your physical and/or electronic signature;
    5. Send us a written communication to chidio@paxform.com;
    6. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

15. Release, Governing Law and Dispute Resolution

  1. Release: You and your agents hereby forever release Paxform from any and all responsibility for any and all wrongs and violations committed by you relating to your use of the Services or Web App in any manner or form whatsoever.
  2. Governing Law: This User Agreement and any dispute arising from the same will be governed by applicable laws of the Commonwealth of Australia.
  3. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Sydney, Australia. 
  4. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND PAXFORM ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND US, SHALL BE RESOLVED BY A JUDGE. 
  5. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PUBLISHER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PUBLISHER(S) OR USER(S).

16. Notices

When you use the Web App or send emails to Paxform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Web App. Paxform will communicate with you by email, or by posting notices on this Web App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@paxform.com.

17. Miscellaneous

  1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect.
  2. Waiver: Our failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by us of any provision or any right that we have to enforce this Agreement and nor shall any course of conduct between Paxform and you or any other party be deemed to modify any provision of this Agreement.
  3. Survival: Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of this Agreement, for any reason whatsoever.
  4. No Third-Party Beneficiaries: Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
  5. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of this Agreement.
  6. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. 
  7. No Assignment: You may not assign this Agreement (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Paxform. Any attempted assignment that does not comply with this Agreement shall be null and void. 
  8. Entire Agreement: The Agreement, Privacy Policy, Cookie Policy, Refund Policy, Community Guidelines, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Paxform and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Web App.
  9. Force Majeure: Paxform and affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
  10. Updates to this Agreement: We may add to or change or update this Agreement at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking this Agreement periodically. Your use of the Web App after any amendments to the Agreement shall constitute your acceptance to such amendments.

18. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to this Subscription Agreement or Community Guidelines or Privacy Policy or Cookie Policy, or with any content or service of Paxform, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

  • Title: The Legal Representative
  • Email: legal@paxform.com
  • Address: Level 2, 11 York Street, Sydney, NSW 2000, Australia

19. Feedback and Information

We welcome your comments regarding this Publisher Subscription Agreement. Please write to us at legal@paxform.com.

Last updated 2023-01-09 [Version 1.0]