REI Master / EzyRez Licence Agreement
For products and services made available by REI Master Pty Ltd (ACN 107 267 434) trading as REI Master and trading as EzyRez (REI Master), (we, us).
I, you, your, the Client, refers to the person or entity entering into this license agreement with REI Master.


SOFTWARE SUBSCRIPTION
Software, database design, products and services (REI Master’s Materials) are made available to the Client by way of a limited Licence to use REI Master’s materials granted by REI Master in return for payment of fees by the Client. This licence is not transferrable and remains the property of REI Master. The Client is responsible for supply, installation and maintenance of equipment, other technology and software required by the Client to access the licensed REI Master Materials. The minimum subscription period is 12 months. The subscription commences from the installation date and is payable in advance. The subscription is a compulsory and ongoing component while using the software. The continual use and access to the software is dependent on the monthly subscription and all other invoices being paid in full. The monthly subscription payment must be maintained until the use of the software is no longer required. Subscription includes unlimited telephone / internet support in the correct use of the program during normal business hours (Monday to Friday 8:30am to 5:00pm QLD AUST time excluding public holidays). The subscription entitles users to all program upgrades and updates for the module subscribed to, available for download via our web site as they are released. The software is licensed per definable business operation, and/or Community Title Scheme, considering the geographic delivery of your business service(s), and solely at REI Master’s discretion. In the event you wish to cancel your REI Master subscription, one (1) month’s written notice is required and the balance of any initial contracted subscription (if any) is payable. Initial pricing is as per your written and signed Order Acceptance for the period of your initial contract. For changes to pricing we will provide approximately of one month’s written notice to your nominated email or postal address. All pricing and amounts quoted are in Australian Dollars ($AUD).
RISK
  1. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded.
  2. In utilising the REI Master products and services, you agree to maintain Professional Indemnity and Business Interruption insurance to a level in line with your ongoing business activity and risk.
  3. You acknowledge and agree that breaches of any of the conditions contained herein by you, and any of your employees, contractors, sub- contractors, associated entities or any third party accessing your service may cause damage to REI Master, its associated entities, officers, employees, agents, contractors and service providers.
  4. In using this service, you agree at all times to indemnify and hold harmless REI Master and each of its associated entities, officers, employees, agents, contractors and service providers (“those indemnified”) from and against any action, claim, demand, loss, damage, damages, expense or liability (including legal costs on a solicitor and own client basis) incurred or suffered by any of those indemnified which arises from: (a) any breach by you of these terms and conditions; or (b) any willful, unlawful or negligent act, error or omission by you or any of your officers, employees, agents or contractors.
  5. Without limiting the foregoing and to the maximum extent permitted by law, you release and hold harmless those indemnified from any action, claim, demand, loss, damage, damages, expense or liability arising from or in connection with your use of, or inability to use, this service.
  6. At REI Master’s discretion, we may seek any and all remedies available to us under law to our satisfaction and conclusion. You agree to bring to our attention as soon as practicable details of any breaches, or suspected breaches of these conditions, in order to mitigate the possibility of risk and damage to all parties.
  7. Whilst every effort will be made by REI Master to ensure that the products and services meet your needs to the maximum extent permitted by law, the REI Master products and services are supplied “as is”, with all “faults” and REI Master gives no express guarantees or warranties in respect of the products and services.
  8. If REI Master fails to comply with any statutory guarantee which by law may not be excluded, then to the extent the law permits REI Master to do so, the liability of REI Master for any breach of such guarantee shall be limited, at the election of REI Master, to providing you with any one or more of the following remedies: (a) supplying the products or services to you again; (b) providing equivalent products or services to you; (c) paying for the cost of having the products or services supplied again; or (d) payment of the cost of having equivalent products or services supplied.
INTELLECTUAL PROPERTY RIGHTS
  1. REI Master retains ownership of all Intellectual Property Rights in REI Master’s Materials and nothing transfers any ownership of any of REI Master’s Materials to the Client.
  2. All Intellectual Property Rights discovered, created, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with the performance of the Services and development of REI Master’s Application (Created Materials), vest in and are immediately assigned to REI Master upon creation.
  3. The Client must not modify, translate, reverse engineer or attempt to reverse engineer, recompile, disassemble, tamper with, create derivative works based on, combine with other software or copy REI Master’s Materials in whole or in part.
PAYMENT TERMS
Our preferred payment method for your monthly subscription is by Direct Debit. Subscription payment methods other than Direct Debit will incur a $22 per month administration fee.
PAYMENT TERMS Terms
Software subscription Monthly in advance
Training, consulting, travel fees and all other charges C.O.D.
Installation packages, set up fees, training courses Advance payment
SMS delivery charges Monthly in arrears
CANCELLATIONS AND REFUNDS Terms
For software subscription within contract No refund/cancellation
For software subscription out of contract 1 months’ notice for cancellations, No partial refundsgiven for pro rata, no refunds for consumed/supplied services and/or subscription/keys.
For non subscription goods or services already consumed by/supplied or to you, or work carried out by us at your instruction No refund/cancellation
For non subscription goods services not already consumed by/supplied to you Full refund (48 hours cancellation notice required)
PAYMENT METHODS Detail
Direct Debit Our preferred method. Please complete the attached form
Bank Deposit Bank details supplied on invoice, please ensure you properly reference all deposits
Visa / MasterCard 2% surcharge applies. We do not accept AMEX or Diners. Complete the attached form
Cheque By arrangement only
SOFTWARE BANK RECONCILIATION SUPPORT
Bank reconciliation support covers the correct operation of the program and assistance with appropriate procedures in order to achieve a balance. Specific bank reconciliation assistance using Client’s data and bank statements as well as general computing assistance is considered a training / consultation item and is not included in telephone / internet support.
OTHER ITEMS
Requests for replacement media (e.g. discs or manual), antivirus trouble shooting, internet, email and PC environment troubleshooting, disaster recovery, reinstallation and other such assistance may incur additional charges.
TRUST ACCOUNT OPENING BALANCE
A 3 way trust account reconciliation balance must be provided (opening balances - reconciled to bank statements) in order to begin processing in REI Master. If this information is not provided to REI Master, a final 3 way trust account reconciliation balance may not be achievable.
DATABASE REQUIREMENTS
REI Master is supplied with either a Microsoft® (MS) SQL Server ™ 2012 Express Edition or MS Access database. MS SQL Server Express Edition has a database size limit and built in performance limitations. The use of MS SQL Server Full Edition and/or installing MS SQL on a dedicated server PC is recommended for offices with more complex requirements. The Client is responsible for supply, installation and maintenance of equipment, other technology and software required by the Client to access MS SQL.
RTA FORMS PACKAGE
  1. Setup fee is payable in advance.
  2. You must have Microsoft Word installed to use the RTA Mail Merge Forms. These forms are for QLD businesses and may not be suitable for businesses in other States of Australia or overseas. The RTA Forms are in Microsoft Word format and thus, can be edited by the Client. REI Master will not be held liable for any forms that have been edited once they have been installed and thus any forms that may not be a true and correct copy of the original RTA Form due to editing by the Client.
SMS FACILITY
  1. Directly debited from your nominated bank account on a monthly basis in the month after you have sent the SMS.
  2. SMS Charges are as follows:
    0-500 SMS's sent in a billing cycle > 22c per SMS
    501-1000 SMS's sent in a billing cycle > 18c per SMS
    1001-1500 SMS's sent in a billing cycle > 15c per SMS
    1501-2000 SMS's sent in a billing cycle > 12c per SMS
    2001+ SMS's sent in a billing cycle > 10c per SMS
  3. The service commences from the date that REI Master sets up your account and initialises the service. To cancel the service, REI Master requires at least fourteen (14) days’ written notice for the termination of the integrated SMS services. The continual use and access to the software is dependent on your monthly SMS usage being paid. This service is made available in conjunction with REI Master’s standard terms and conditions. The SMS rate quoted only applies to the domestic (within Australia) SMS networks / services. SMS messages sent to non-domestic (outside Australia) mobile numbers may attract a surcharge. At the time of printing this agreement there are no known surcharges. REI Master will provide you with at least seven (7) days’ written notice of such applicable surcharges. REI Master reserves the right to vary the current SMS rate at any time by giving you at least fourteen (14) days’ written notice. REI Master is not responsible for any SMS messages sent through the use of our software. It is the business proprietors’ responsibility to ensure their staff are not misusing the SMS service, and to have sufficient procedures and monitoring in place to prevent misuse. REI Master accepts no responsibility for messages not being delivered once it has been sent from our software. REI Master accepts no responsibility for problems caused by internet services, telecommunication services, poor network coverage, or faulty mobile phones, etc. A suitable, permanent, fast internet connection must be maintained in order to use the SMS service.
  4. It is your responsibility to ensure that Windows software, anti-virus software or other security programs do not interfere with the SMS function both following the setup of the SMS function and at all times in the future. This includes changes that could be made to your system by automatic upgrades of Windows, anti-virus or REI Master and installing a new or upgrading an existing PC. The REI Master program and REI Master Folder must be added to the safe/exceptions or similar list in your anti-virus set up as well as the URL’s www.reimaster.com.au and www.REI Master.com.au added to the safe/excepted web sites or similar list, and depending on your anti-virus program, other settings may need to be configured to allow the proper operation of the SMS service. Further, any troubleshooting of the SMS function by a support consultant, where the Windows firewall, anti-virus or other security program is found to be interfering with the SMS function, will be considered a chargeable service at the set hourly rate.
REMOTE BACKUP FACILITY
  1. Basic Off Site Backup
    If you choose this option, the system will allow you to back up your database to our server once per month. If the system detects that your back up has not been performed, a reminder email will be sent and the REI Master software will remind you also. This option DOES NOT have any checking as outlined in the standard package.
  2. Standard Off Site Backup
    If you choose this option, the system will allow you to back up your database to our server once per month. If the system detects that your back up has not been performed, a reminder email will be sent and the REI Master software will remind you also. Additionally, a member of staff will:
    • Restore your database to ensure the backup is useable.
    • Email you the details of the last receipt in the system, including date, receipt number tenant / guest information and other important details for your verification.
    • Follow you up in the event that the off-site backup was not processed until it has been.
    • In the event of problems with the off-site backup, provide assistance and double checking until a successful back up has been received and its integrity tested.
  3. Setup and Subscription Payment Terms
    Set up fee payable in advance, monthly subscription payable monthly in advance as part of your REI Master Product subscription. Should you wish to pay by credit card, you will be provided with a credit card authorisation form. Please note there is a 2% Surcharge on credit card payments. American Express and Diners Cards are not accepted.
  4. Subscription Terms
    The minimum subscription period is 12 months. The subscription commences from the date that REI first stores your backup. You may cancel the subscription at any time by paying out the balance of your initial contracted period. I understand the subscription is a compulsory and ongoing component while using the software. The continual use and access to the software is dependent on the monthly subscription payment being maintained. You must maintain the monthly subscription payment until you no longer require the use of the software. Subscription includes unlimited telephone / internet support on the correct use of the facility during normal business hours (Monday to Friday 8:30am to 5:00pm QLD AUST time excluding public holidays). The quoted subscription price is for the direct debit payment method only. All other payments will incur an additional monthly processing fee of $22.00. Your backup will be stored for a maximum period of 12 months. This service is for backup files to a maximum of 150MB. The service may not be offered where backup files exceed this size. (Average backup size 2MB).
    In using this service, you accept and agree that REI Master will not be responsible or liable for any special, incidental or consequential damages (whether in tort or in negligence including but without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, lack of use of, or the inability to use the Remote Backup Facility. It is your responsibility to choose software that meets your needs. It is you the Client’s responsibility to maintain a suitable, permanent, fast internet connection in order to use the Remote Backup Facility.
  5. The offsite backup service will only backup the REI Master Data file. Any documents saved to the Document Management System will not be backed up as part of this offsite backup service and will not be sent to REI Master Head Office for storage. It your responsibility to regularly backup the Document Management System through the normal REI Master backup procedure and then to store this backup offsite.
CONSULTING AND BOOKKEEPING SERVICES
Payment terms for all consulting and bookkeeping services are COD. These services are charged in 15 minute increments with the minimum fee period being one hour. Any interruptions to the scheduled appointment will not affect the billing period. It is the client’s responsibility to ensure that their full attention can be given to the consultant conducting the appointment. Under no circumstances will a consultant assist a client with physical disbursal of funds from their bank account. When REI Master provides bookkeeping services to the client, these are strictly consulting appointments where we assist and help the clients with their bookkeeping tasks. At no time will REI Master be responsible for the reporting, compliance, data retention or other obligations of the client. It is the client’s responsibility to check the accuracy, completeness and satisfaction with the results of any bookkeeping services provided by REI Master. From time to time, REI Master may keep records of Consulting and Bookkeeping Services provided to the client, and unless specified in writing by the client to the contrary, the client authorises REI Master to collect and retain this documentation in both hard copy and digital form. These documents remain the property of REI Master. Such documentation may be provided to any third party at the client’s written request, or to a law enforcement or other government agency authorised under Law to request such documents from REI Master. Generally speaking REI Master does not keep such documentation for periods greater than 12 months. At REI Master’s discretion or at the client’s written instruction, such documents will be deleted or destroyed subject to REI Master’s obligations under the Law. In accepting the provision of Consulting and Bookkeeping Services from REI Master, the client acknowledges that REI Master is not an Accounting, Legal or Audit provider and that the client may need to obtain the services of their trusted professional advisor in order to meet their obligations under the Law.
REIINSPECT
An iPad (3rd Generation or later) on iOS 7.1 or higher with Wi-Fi or mobile internet is required. Self-help training videos are available online at no charge. Training is completed remotely by telephone on an as needs basis. Appointments are charged in 15 minute increments. Minimum half an hour is chargeable for any one appointment. REI Inspect is sold and licensed per definable business operation, Trust Account and or Community Title Scheme, and solely at REI Master’s discretion.
CHOICE OF LAW
These terms and conditions are subject to the Laws of the State of Queensland, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland. You agree to bear reasonable costs in relation to our compliance with any lawful request from any Law Enforcement agency in relation to your use of our Materials.
ENTIRE AGREEMENT
These terms and conditions together with the REI Master Cloud Terms and Conditions and any documents expressly incorporated therein constitute the entire agreement between the parties in relation to the software and the services. To the extent of any inconsistency these Terms and Conditions shall prevail over the REI Master Cloud Terms and Conditions.
VARIATION
These Terms and Conditions may be varied by REI Master by giving 30 days written notice of variation to you.
SEVERANCE
If any clause or part of any clause of these Terms and Conditions is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms and Conditions without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
RELATIONSHIP OF PARTIES
These Terms and Conditions do not create a principal and agent, joint venture, partnership or fiduciary relationship between the parties.
CLOUD SOLUTION
The terms and conditions of this solution are available from the REI Master website (http://www.reimaster.com.au/downloads/REI Master Cloud Terms and Conditions.pdf) or the T Drive located within the cloud operating system. You accept that you and your staff will be required to agree to the terms and conditions of this solution each time any users logs into the operating system, and that only personnel whom have been given the authority by you to accept and abide by these terms and conditions will be granted access to this service.
PRIVACY AND NOTIFICATION OF DATA COLLECTION STATEMENT DATA COLLECTION
  1. REI Master collects your personal information so that we can perform our various functions and activities. REI Master also collects your personal information if the law requires us to collect it.
  2. To access our products or services or for employment, REI Master may collect and hold information from you or your associated corporation such as your name, address, telephone number, email address, credit card and bank account details, date of birth and place of work.
  3. If REI Master does not collect all or some of your personal information, we may not be able to assist or provide you with a product or service.
  4. REI Master collects most personal information directly from you or the corporation you are associated with. As examples, you or the organisation provide us with your information by various methods such as in person, filling in a form, dealing with us over the telephone, sending us a letter, emailing or texting a message, using our website or social media, giving us your business card or contact details at conferences, Trade Exhibits, events or meetings or by various other methods of engagement. Other data about you may be collected from public information such as websites, social media, Australian Securities & Investment Commission (ASIC), and Government Departments.
  5. Sensitive information is not collected unless you give the information to us and require us to know the information.
USE OF DATA
We may use and disclose personal information we collect about you for several purposes including:
  1. To consider your request for a product or service.
  2. To enable us to provide a product or service requested and tell you about other products and services that may interest you.
  3. To identify you.
  4. Direct marketing.
  5. To assist in arrangements with other organisations in relation to promotion or provision of a product or service.
  6. To manage systems and perform other administrative and operations tasks, including risk management, system development and testing, staff training, collecting debts and market or customer satisfaction research related to our functions and activities.
  7. To consider any concerns or complaints you raise in relation to the use of our Materials.
  8. To prevent or investigate any actual or suspected fraud, unlawful activity or misconduct.
  9. As required by relevant laws, regulations and codes of practice.
DISCLOSURE
REI Master may need to disclose your information to a third party as relevant to the particular service or product, function or activity that REI Master performs. Third parties may include but are not limited to: Independent Contractors or Licensees performing functions or services on behalf of REI Master, Financiers, Solicitors, Others as authorised by you, Insurers, other Industry Related Service Providers, Guest Speakers or Trainers presenting at our events you attend, Valuers, Franchisors, Accountants, Receivers, Debt Collectors, as required by a legal Order or by Law.
ACCESS, CORRECTION AND COMPLAINTS
Our Privacy Policy contains information about how you can access the information REI Master holds about you, how you can ask REI Master to correct your information and how you can make a complaint if you have concerns about how REI Master has managed your information.
PRIVACY POLICY
REI Master Pty Ltd is committed to protecting your privacy. We lawfully collect personal information that is necessary for our business to function. The information we collect and hold will depend upon the products and services you request from us. This information will include your name, address and contact details and information derived from communications between us and you. We use the information we collect for the purpose disclosed at the time of collection, or otherwise as set out in this Privacy Statement. We will not use your personal information for any other purpose without first seeking your consent, unless authorised or required by law. Generally we will only use and disclose your personal information to establish and maintain your relationship as a customer of REI Master Pty Ltd, to provide the products and services you have requested from us, to administer and manage those products and services, to answer your enquiry, and for direct marketing of any products or services we believe you may be interested in. If we contact you in a way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications. If you at any time receive any communication from us which you would not like to receive, please contact us and we will discontinue such communication. If you have a complaint relating to our handling of your private information, please contact us and we will take any necessary corrective action within reasonable grounds, and respond to your complaint within 30 days. REI Master will take reasonable steps to keep secure any personal information which we hold and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files. It may be necessary for us to review and revise our Privacy Policy from time to time. An amended version will be posted on our website.
HOW TO CONTACT REI MASTER
You may contact us by phone on +61 7 5519 5955 or email admin@reimaster.com.au