The terms behind every send

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

• FlipSend / Flipside Digital is an Australian-owned digital agency and technology provider. Through the Website and related services, Flipside Digital provides access to FlipSend, a business communications platform, and may also provide related digital products and services, including custom web application development, messaging tools, automation services, integrations, and support services. FlipSend enables approved users to create, send, manage and monitor business communications, which may include SMS, email, fax, and other digital messaging services made available by Flipside Digital from time to time. The features, functionality, service limits and availability of the Services may vary depending on the User's selected plan, account type, service tier, and any applicable account-specific terms or Software Licensing Agreement.
• PAYG, Subscription and trading accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features, may change from time to time, and may be governed by separate terms specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by account-specific terms.
• Some accounts may be governed by a separate Software Licensing Agreement with Flipside Digital, which may amend these Terms. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

FlipSend / Flipside Digital, its related features, and the Website must only be used lawfully. Flipside Digital reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the Services:

• to engage in any act that would disrupt the access, availability, and security of FlipSend / Flipside Digital and other Flipside Digital services, including but not limited to:
  • tampering with, reverse-engineering, or hacking our servers;
  • modifying, disabling, or compromising the performance of FlipSend / Flipside Digital or other Flipside Digital services;
  • overwhelming, or attempting to overwhelm, our infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources;
  • compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Flipside Digital; or
  • exceeding documented resource limits or service tier thresholds, including API request rates, message volumes, or bandwidth allocations specified in the applicable service documentation, without prior written authorisation from Flipside Digital.
• for any illegal purpose, or to violate any laws, including data, privacy, and export control laws;
• to stalk, harass or threaten users or any member of the public;
• to misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Flipside Digital or any third party;
• to access or search any part of the Services, or any other service owned by Flipside Digital, other than our publicly supported interface, or as otherwise allowed under an applicable Software Licensing Agreement;
• to post, upload, share, or otherwise circulate content in violation of FlipSend / Flipside Digital's content policy; or
• to exceed the technical usage limits specified in the applicable service tier documentation, including API request rates, message volume thresholds, concurrent connection limits, and storage quotas, where such limits are published and updated by Flipside Digital from time to time.

Flipside Digital takes your privacy seriously and information provided through your use of the Website and/or Services is subject to Flipside Digital's Privacy Policy, which is available on the Website. The Privacy Policy also addresses Flipside Digital's processes, policies, and obligations in respect of FlipSend / Flipside Digital security breaches.

Flipside Digital will assess any suspected data breach within 24 hours of discovery and notify affected users without unreasonable delay, and no later than 30 days after becoming aware of an eligible data breach. Notifications will include the nature of the breach, the data affected, steps taken to mitigate harm, and available remediation options. Flipside Digital will maintain breach registers and cooperate with regulatory investigations as required under the Privacy Act 1988 (Cth).

Flipside Digital collects, stores, and processes your data on FlipSend / Flipside Digital. The data is used to provide Services to you, as well as to facilitate Flipside Digital's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Flipside Digital. It also addresses Flipside Digital's processes, policies, and obligations in respect of data encryption and removal requests.

• In order to access the Services, you must first register an account through the Website (Account) and pay for the applicable services (Services Credits). After purchasing service credits you will be considered a member (Member).
• In purchasing the Services, you acknowledge and agree that it is your responsibility to ensure that the Services you elect to purchase are suitable for your use.
• Before, during or after you have purchased the Services, you will then be required to register for an account through the Website before you can access the Services (Account).
• 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 but not limited to name, company name, ABN, ACN, email address, phone number, business name, payment details, usage data, and technical information such as IP address and browser type.
• You warrant that any information you give to Flipside Productions Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (User). 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 (Services Period).
• You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with Flipside Productions Pty Ltd; or
  • you are a person 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.

• Subject to the terms of any applicable Software License Agreement, the Fee may be paid by all payment methods available on the Website, and may change from time to time.
• Payments made in the course of your use of FlipSend / Flipside Digital may be made using third-party applications and services not owned, operated, or otherwise controlled by Flipside Productions Pty Ltd. You acknowledge and agree that Flipside Productions Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for FlipSend / Flipside Digital services.
• You acknowledge and agree that where a request for the payment of the Services 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 Service Fee.
• Where Flipside Digital varies the Service Fee, Flipside Digital will provide you with at least 30 days advance written notice via email to your registered account address, specifying the new Service Fee and the effective date being the first day of the next billing cycle. You may terminate this Agreement without penalty within 30 days of receiving such notice if the Service Fee increase exceeds 30% of the current Service Fee, and no termination fee will apply to such price-increase terminations.
• You agree and acknowledge that Flipside Productions Pty Ltd can vary the Service Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Services.

• Flipside Productions Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to a consumer's rights under the Australian Consumer Law.
• Flipside Productions Pty Ltd will only provide you with a refund of the Fee in the event they are unable to continue to provide the Services or if the manager of Flipside Productions Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
• A Member may request a Refund where the Services are unavailable for more than 48 consecutive hours due to reasons within Flipside Digital's control, or where the Services fail to meet the performance standards specified in the Service Level Agreement. Any such request must be made in writing within 14 days of the service failure occurring.

• The Website, the Services and all of the related products of Flipside Productions Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Flipside Productions Pty Ltd or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by Flipside Productions Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a User to:
  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
  • print pages from the Website for your own personal and non-commercial use.
• Flipside Productions Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Flipside Productions Pty Ltd.
• Flipside Productions Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
• You may not, without the prior written permission of Flipside Productions Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

• 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
  • Flipside Productions Pty Ltd 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 Flipside Productions Pty Ltd make any express or implied representation or warranty about the Services or any products or Services 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:
  • 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 unauthorised access to records;
  • 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);
  • costs incurred as a result of you using the Website, the Services or any of the products of Flipside Productions Pty Ltd; and
  • the Services or operation in respect to links which are provided for your convenience.

• Flipside Productions Pty Ltd'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 Flipside Productions Pty Ltd, 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.
• Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar consumer protection laws in the relevant jurisdiction (Non-Excludable Guarantees), and our liability is limited to the extent permitted by law. Subject to this clause, where Flipside Digital is liable for breach of a Non-Excludable Guarantee, our liability will be limited to, at our option, resupplying the Services or paying the cost of having the Services resupplied.

• The Terms will continue to apply until terminated by either you or by Flipside Productions Pty Ltd as set out below.
• If you want to terminate the Terms, you may do so by:
  • not renewing the Subscription prior to the end of the Subscription Period;
  • providing Flipside Productions Pty Ltd with 30 days' notice of your intention to terminate;
  • closing your accounts for all of the services which you use, where Flipside Productions Pty Ltd has made this option available to you; and
  • ensuring all outstanding fees and charges are paid in full prior to the effective termination date.
• Any notices of termination should be sent, in writing, to Flipside Productions Pty Ltd via our contact page or by email to support@flipsidedigital.com.au.
• Flipside Productions Pty Ltd may at any time terminate the Terms with you if:
  • you do not renew the Subscription at the end of the Subscription Period;
  • Flipside Digital has provided you with written notice of 30 days specifying the grounds for termination and you have failed to remedy any remediable breach within that period;
  • you have breached any provision of the Terms or intend to breach any provision;
  • Flipside Productions Pty Ltd is required to do so by law; or
  • the provision of the Services to you by Flipside Productions Pty Ltd is, in the opinion of Flipside Productions Pty Ltd, no longer commercially viable.
• Subject to local applicable laws, Flipside Productions Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Flipside Productions Pty Ltd's name or reputation or violates the rights of another party.

You agree to indemnify Flipside Productions Pty Ltd, 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 your content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Melbourne or via video conferencing, Australia.

Confidential

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.

Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Flipside Productions Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.

The Terms are governed by the laws of Victoria. 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 Victoria, 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.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Flipside Digital will use your data solely for: (a) providing and maintaining the Services; (b) ensuring platform security and preventing fraud; and (c) complying with legal obligations. Your content, including messages and recipient lists, remains your property and will not be accessed except as necessary to deliver the Services. Flipside Digital may use aggregated, anonymised data for product improvement and benchmarking, provided such data cannot identify you or your customers. Data retention periods and deletion procedures are detailed in the Privacy Policy.

If anything in these Terms is unclear, or you would like to discuss an account-specific agreement, please get in touch through our contact page or email support@flipsidedigital.com.au.