Rules of engagement
These terms and conditions detail our responsibilities as a service provider and your obligations as a customer. We’ll write them in plain English so that they are easy to understand. Proposal+ will evolve with our customer feedback; hence, Proposal+ reserves the right to change these terms & conditions anytime (but don’t worry, we’ll let you know what we’ve changed and when either via email or by posting a notice on our website). You are responsible for reviewing and becoming familiar with any such modifications, and your use of the Services following such notification constitutes your acceptance of the modified terms and conditions. By accepting these terms & conditions or using Proposal+ acknowledge that you have read, understood and agree to be bound by them. You accept that they are a contract between You and Proposal+ ruling your use of the Service and taking the place of any prior agreements between you and Proposal+.
1. Definitions
“Data” Is any information You input into the Service. “Intellectual Property Right” Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. “Proposal+” Is Proposal+ Pty Ltd, the company that owns the Service. It can also be referred to as “The Company”. “Service” Is the software made available by Proposal+ via the Site. Any new features added to or augmenting the Service are also subject to these Terms. “Subscription Fee” The monthly fee (excluding any taxes, levies and duties) payable by You in accordance with the fee schedule set out on the Website (which Proposal+ may change from time to time, noticing You). “Website” It’s the Internet site with domain https://www.proposal-plus.com operated by Proposal+. “You” Means your company, and includes You, your employees, consultants, representatives and agents. You may also be referred as “Users”.
2. Use Of the Service
Proposal+ grants you the right to access and use the Service via the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.
3. Your Obligations
Payment Obligations
All accounts based in Australia will be charged in Australian Dollars, All accounts based in the UK will be billed in Pounds, all accounts based in Canada will be billed in Canadian Dollars, and all other accounts will be billed in US Dollars.
The Service is made available on a usage pays basis billed and collected in advance at the beginning of each month based on your usage.
If you have provided credit card details and have elected to continue with a paid subscription, an invoice for the Subscription Fee will be issued to the Billing Contact each month starting 1 month from the date You provided your Billing Information to Proposal+.
All Proposal+ invoices will be made available to You (you’ll be notified by email) and will be direct debited to your credit card on this same date. You are responsible for payment of all taxes, levies and duties in addition to the Subscription Fee.
There are no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For any increase or decrease in active engagements, your credit card will automatically be charged the new rate on your next billing cycle.
Downgrading your account does not cause the loss of content, features, or capacity of your account.
Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from Proposal+, given by email or posted to the Website.
General obligations
You must only use the Service and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Proposal+ or condition posted on the Website.
Access Conditions
You agree and recognise that your login may only be used by 1 (one) person – You may create separate logins for as many people as your subscription allows.
You will ensure that all usernames and passwords required to access the Service are kept secure and confidential. You will immediately notify Proposal+ of any unauthorised use of your passwords or any other breach of security and Proposal+ will reset your password. Proposal+ reserves the right to access any or all your accounts in order to respond to your requests for technical support.
As a condition of these Terms, when accessing and using the Service, You must:
- not attempt to undermine the security or integrity of Proposal+’s computing systems or networks or, where the Service is hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or impair the ability of any other user to use the Service or Website;
- not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service is hosted;
- not transmit, or input into the Service, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Service or the Website except as is strictly necessary to use either of them for normal operation.
Usage Limitations
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes, the number of calls You are permitted to make against Proposal+’s application programming interface. Any such limitations will be specified within the Service.
Communication Conditions
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service including (but not limited to): offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use). When You make any communication on the Website, You represent that You own the content of the communication. Proposal+ is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Service. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Proposal+ does reserve the right to remove any communication at any time in its sole discretion.
Indemnity
You indemnify Proposal+ against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation You may have to Proposal+, including (but not limited to) any costs relating to the recovery of any Subscription Fees that have not been paid by You.
4. Confidentiality And Privacy
Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. Each party’s obligations under this clause will survive termination of these Terms. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
Privacy
Proposal+ maintains a privacy policy that sets out the parties’ obligations in respect of data. You should read that policy (available in the Website) since You will be taken to have accepted it when You accept these Terms.
5. Intellectual Property
General
Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service, remain the property of Proposal+ (or its licensors).
Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, your access to the Data is contingent on full payment of the Proposal+ Subscription Fee. You must maintain copies of all Data inputted into the Service. Proposal+ adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Proposal+ expressly excludes liability for any loss of Data no matter how caused.
Third-party applications and your Data
If You enable third-party applications for use with the Service, You acknowledge that Proposal+ may allow providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Service. We shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.
Trademarks
You may only use Proposal+ and Proposal+’s various logos only with Proposal+’s written consent and for promotional purposes to identify yourself as a customer or user of Proposal+’s Service, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
6. Warranties And Acknowledgements
Acknowledgement
You acknowledge that: You are authorised to use the Service and the Website and to access the information that You access using the Service and the Website (whether that information is your own or that of anyone else). If You are using the Service and accessing the Website on behalf of or for the benefit of an organisation (whether a corporate or not) then Proposal+ will assume that you have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms). The provision of, access to, and use of, the Service, including the Website and content, and all server and network components are provided on an “as is” and “as available” basis, at your own risk, without any warranties of any kind, to the fullest extent permitted by law. Proposal+ does not warrant that the use of the Service will be uninterrupted, timely, secure, error free or virus free and no information or advice obtained by you from Proposal+ or through the Service shall create any warranty not expressly stated in this Terms. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Proposal+ is not in any way responsible for any such interference or prevention of your access or use of the Service. It is your sole responsibility to determine that the Service meets the needs of your business.
No warranties
Proposal+ gives no warranty about the Service. Without limiting the foregoing, Proposal+ does not warrant that the Service will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded whether express or implied, in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Service and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the website or these Terms.
7. Limitation Of Liability
To the maximum extent permitted by law, Proposal+ excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Service.
If You suffer loss or damage as a result of Proposal+’s negligence or failure to comply with these Terms, a claim by you against Proposal+ arising from Proposal+s’s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by You in the previous 12 months.
If You are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
8. Cancellation & Termination
Trial policy
When You sign up for the Service You can evaluate Proposal+ with no obligation to continue. If You choose to continue using Proposal+, You will be billed from the day You provide your billing details. If You choose not to continue, You may terminate these Terms by sending an email to [email protected]
Cancellation
You are responsible for properly cancelling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by browsing to their My Account section in app and deleting their account. If You cancel the Service before the end of your current month, your cancellation will take effect immediately and you will be billed for the entire month.
Prepaid Subscriptions
There will be no refund for any remaining prepaid period for a prepaid Subscription Fee subscription.
No-fault termination
These Terms will continue for the period covered by the Subscription Fee paid in clause 3.1. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.
Breach
If You: breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.3 or any payment more than 30 days overdue); or the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction, Proposal+ may take any or all of the following actions, at its entire discretion: Terminate these Terms and your use of the Service and the Website; Suspend for any definite or indefinite period of time, your use of the Service and the Website; Take either of the actions in sub-clause 4 and 5 of this clause in respect of any other persons in your organisation or who have access to your information or that of your organisation.
Accrued Rights
Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will: remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Service and the Website.
Expiry or termination
Clauses 3.1, 3.6, 4, 5, 6, 7, and 8 survive the expiry or termination of these Terms.
General
Entire agreement
These Terms, and the terms of any other notices or instructions given to You under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Proposal+relating to the Service and the other matters dealt with in these Terms.
Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
No Assignment
You may not assign or transfer any rights to any other person without Proposal+’s prior written consent.
Governing law and jurisdiction
These terms shall be governed by the laws of South Africa. You hereby expressly agree to submit to the exclusive jurisdiction of the courts of South Africa for the purpose of resolving any dispute relating to your access to or use of the Service.
Severability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Proposal+ must be sent to [email protected] or to any other email address notified by email to You by Proposal+. Notices to You will be sent to the email address which You provided when setting up your access to the Service.
Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Delivery Policy
As delivery of our Software as a Service is via an internet powered web browser, it is instantaneous. There is no cost associated with delivery of the Software as a Service as it’s only consumed by internet powered browser.
SSL
This application is protected by SSL.
Shape
Statement of Ownership
This is to certify that this website is owned and run by Proposal+ Pty. Proposal+ Pty Ltd is registered in South Africa.
Contact Information
[email protected]
Privacy Policy
At Proposal +, we are committed to protecting your privacy, We work hard to ensure we are GDPR compliant.
Please read this Privacy Notice carefully and ensure that you understand it. Your acceptance of Our Privacy Notice is deemed to occur upon your first use of Our Site and You will be required to read and accept this Privacy Notice when signing up. If you do not accept and agree with this Privacy Notice, you must stop using Our Site and Our App immediately.
What information do we collect and how do we use it?
As a Software as a Service provider we are subject to legislative and regulatory requirements to obtain and hold detailed information which personally identifies you and/ or contains information or an opinion about you (“personal information”). In addition, to provide you with a comprehensive Accounting services & advisory service we need to obtain certain personal information about you. We provide any information that any other engaged advisor (such as: engaged auditors, financial planners or insurers) whom we deal with on your behalf need to implement your accounting and taxation strategies.
We also use your information to send you requested product information and promotional material and to enable us to manage your ongoing requirements, e.g.client surveys etc.
We may occasionally notify you about new services and special offers, events or articles we think will be of interest to you. We may send you regular updates by email or by post. If you would rather not receive this information or do not wish to receive it electronically, email or write to us.
We may use your information internally to help us improve our services and help resolve any problems.
What if you don’t provide some information to us?
We can only fully provider our services to you if we have all relevant information. If the information you provide is inaccurate or incomplete, our service may not be suitable for your needs and circumstances.
How do we hold and protect your information?
We strive to maintain the reliability, accuracy, completeness and currency of the personal information we hold and to protect its privacy and security. We keep personal information only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We have access to the information collected from you using secure external online server facility powered by our software partners as listed on our website. We will strive to maintain the privacy of this data for our part, but we encourage you to ensure you practice the highest level of online security for your personal logins when using these softwares.
We ensure that your information is safe by limiting access to your personal data to your adviser and his/her associate as requested. An External Auditor may request access to any of our files for the purpose of compliance audit only and you will be advised in this instance.
Will we disclose the information we collect to anyone?
We do not sell, trade, or rent your personal information to others.
We may need to provide your information to contractors who supply services to us, e.g. to handle mailings on our behalf or to other companies in the event of a corporate sale, merger, reorganisation, dissolution or similar event. However, we will do our best to ensure that they protect your information in the same way that we do. As an example: we may disclose your personal information to external contractors for the following purposes:
- storing information;
- audit of company accounts; and
- compliance framework review or/and audit
How can you check, update or change the information we are holding?
Upon receipt of your written request and enough information to allow us to identify the information, we will disclose to you the personal information we hold about you. We will also correct, amend or delete any personal information that we agree is inaccurate.
Internet Site
The Proposal + website may at times contain links to other Web sites whose operator may or may not adhere to a privacy policy or be governed by the National Privacy Principles. While it is not necessary to register your personal details to use our Web Site, we may in future offer a registration service, which will enable you to receive product and service updates, newsletters and other information.
In the event you do register with us, we will collect personal information from you including your name and e-mail address. If you have registered with us and decide, at any time, that you do not wish to receive any further information from us, you can either send an email to the e-mail address noted below requesting to be removed from our online registration database or simply tick “unsubscribe” on your last piece of electronic mail from Proposal +. Please allow two weeks for your request to be actioned if it’s requested to be done manually.
You may amend or update your registration details by sending an email to the email address noted below providing your amended details. Please allow two weeks for your request to be actioned. Our website may use cookies, which would allow us to identify your browser while you are using our site. Cookies do not identify you; they simply allow us to track usage patterns so that we can measure the level of interest in various areas of our site. All browsers allow you to be notified when you receive a cookie and elect to either accept it or not. Your Internet service provider should be able to assist you to set your preferences.
Your consent
By asking us to assist with your accounting needs, you consent to the collection and use of the information you have provided to us for the purposes described above.
How Can I Have My Data Erased?
If you wish for your personal data to be erased from our various systems, please contact us and we will follow our strict procedures to ensure that all of your data has been removed from our systems.
If you are a customer of Proposal + and you want your client’s personal data to be removed from our system, then you have the ability to do this yourself by deleting the proposals and letter of engagement which relate to your clients.
If you wish for ALL of your client’s data to be removed in bulk, then please contact us and we can do this for you.
Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available here
Security Policy
At Proposal + your data security of your is of utmost importance to us.
Security maintenance includes:
SSL
All customer interaction with Proposal +’s servers is encrypted through the use of SSL. Our SSL certificates use 256-bit encryption to protect your data.
Data Retention
Proposal + makes use of Amazon Web Services in the EU region.
All data is backed up offsite daily for recovery from disasters.
Proposal + stores the minimum amount of data required in order to provide our services. Customer, proposal and pricing data must be stored by Proposal +,
Credit cards details are stored by PCI compliant service partners.
Financial Security
Credit card details are never stored by Proposal +. Credit cards are transmitted directly to our payment providers over SSL connections and are not logged or stored in Proposal + systems.
Subscription payments are processed by Pay Fast and Paypal, a PCI-DSS Level 1 compliant service provider.
Password Security
Password security is maintained through minimum passwords lengths and automatic lockout on repeated login failures.
To maximise your safety, Proposal + recommends your password be at least 10 characters with a mixture of letters, numbers and punctuation characters. We recommend that the password you use for Proposal + is unique and not used for any other web sites.
A password manager such as Dashlane is recommended to manage your passwords.
No plain text passwords are stored at any time.
Physical Security
Proposal + production systems run on Amazon Web Services, a popular cloud computing platform. AWS details the physical, network, system and data security they provide.
Vulnerability Management
Software libraries used by Proposal + are actively kept up to date. Any security fixes or patches are treated as top priority and are applied as quickly as possible