Terms and Conditions

By accepting this Agreement, you acknowledge and agree to the following Terms and Conditions:

  1. You warrant that you are authorised to bind the Client to this Agreement;
  2. You have read and understood the Terms stipulated in this Agreement;
  3. Providing payment details for this agreement or a payment on this agreement constitutes acceptance of this agreement
  4. Any discounts stipulated in this agreement are for the initial contract period and will not apply after the initial period;
  5. Use of Eagle's Services as outlined in this Agreement by any Employee, Agent or Representative of the Client, signifies acceptance of this Agreement;
  6. An amendment to this Agreement will be not be binding upon Eagle Software Pty Ltd unless accepted in writing by an authorised signatory of Eagle Software Pty Ltd;
  7. Eagle Software Pty Ltd reserves the right to amend the Terms of this Agreement at any time with prior written notice to the Client;
  8. SMS text messaging is charged monthly and added to your invoice @ 14 cents per sms;
  9. Customer acknowledges 30 days written notice is required to terminate this agreement on the provision the agreement is not within subscription period;
  10. Customer to payout agreement in full should they wish to terminate before initial 36 month agreement;
  11. All SSL certificates purchased through Eagle require that your domain nameservers are hosted with Eagle. DNS hosting is provided by Eagle at no cost.
  12. Unless otherwise quoted, transforming data from your previous provider to Eagle's import format is an additional service available at an additional charge
  13. Terms, conditions, warranties and guarantees implied by Law, which cannot be excluded, restricted or modified apply to this Agreement to the extent required by that Law.
  14. The Supplier excludes to the extent permitted by Law all other terms, conditions, warranties and guarantees which might be implied into this Agreement.
  15. To the extent permitted by Law, the Supplier’s sole liability for breach of contract, breach of statutory duty, negligence or other tort is limited, at its option, to: (a) the supplying of the Functions again; or (b) the payment of the cost of having the Functions supplied again.
  16. The Customer does not rely on any representation, warranty or other provision made by the Supplier or on its behalf which is not expressly stated in these terms.
  17. The Supplier is not liable for loss or corruption of Customer Data, loss of revenues, loss of goodwill or anticipated sales or savings or interruption to business or wasted management/administrative time.
  18. If a claim is made by a third party against the Customer that the supply of Functions under this Agreement infringes the Intellectual Property Rights of that third party, the Supplier will pay the Customer any amounts finally awarded by a court to that third party or that is otherwise settled with that third party, provided that the Customer allows the Supplier (or its nominees) to have complete and sole authority in directing any defence, compromise or settlement of the claim.
  19. The Supplier may modify, limit, suspend or terminate the Functions (or any part of them) (without any liability) in response to a claim by any person for Intellectual Property Rights infringement in connection with the Supplier’s supply of the Functions (or any part of them).
  20. Website rebuilds included in a website hosting and service plan trigger the contract to be extended by 24 months
  21. Monthly service hours included in website hosting and service plans expire at the end of the month and are not cumulative
  22. As part of your Eagle subscription you are provided with a free Propps account. You agree to the Propps terms and conditions: https://app.propps.com/terms/au-agent
  23. Payment by Credit Card including VISA and Mastercard incurs a 1.9% surcharge. Payment by Amex cards incurs a 3.5% surcharge.
  24. Failed Payment Fee of $21.90

If you are paying by direct debit - I / We authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (User ID No 342190, 342191, 428198) to debit my/our account at the Financial Institution identified above through the Bulk Electronic Clearing System (BECS) in accordance with this Direct Debit Request.

If you are paying by credit card - By agreeing to this form, I / We authorise Ezidebit, acting on behalf of the Business, to debit payments from my specified Credit Card above, and I / we acknowledge that EZI*EAGLE SOFTWARE will appear as the merchant on my credit card statement. Furthermore, I / we agree to reimburse and indemnify Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.

Ezidebit Direct Debit Authorization I/We hereby authorise Global Payments Australia 1 Pty Ltd ACN 601 396 543 (Direct Debit User ID number 342190, 342191, 428198) (referred to as "Ezidebit") to make periodic debits on behalf of the Business (referred to as "the Business") as indicated on the attached Direct Debit Request which incorporates this DDR Service Agreement. I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services) to me/us for the Business pursuant to the Direct Debit Request and has no express or implied liability in relation to the goods and services provided or to be provided by the Business or the terms and conditions of any agreement that I/We have with the Business. I/We acknowledge that the debit amount will be debited from my/our nominated card or bank account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement including the Fees/Charges in the Direct Debit Request). I/We acknowledge that the details of my/our nominated card or bank account should be verified (eg: against a recent card or bank statement) to ensure accuracy of the details provided and I/we will contact my/our financial institution if uncertain of the accuracy of these details. I/We acknowledge that is my/our responsibility to ensure that there are sufficient available/cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the due date for the debit. Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the debit amount has been debited from the account. If there are insufficient funds available, I/we agree that Ezidebit will not be responsible for any fees and charges that may be charged by either my/our or its financial institution. I/We acknowledge that there may be a delay in processing the debit if: 1. a payment request is received by Ezidebit after Ezidebit's usual cut off time, being 3:00pm Qld time, Monday to Friday; 2. a payment request is received by Ezidebit on a day that is not a banking business day in Sydney, NSW and Melbourne, VIC; or 3. there is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed. Any payment that falls due on any of the above will be processed on the next business day. I/We authorise Ezidebit to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within my/our agreement with the Business or as may be agreed by me/us and the Business. I/We do not require Ezidebit to notify me/us of the variation to the debit amount. I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request (including this DDR Service Agreement) including varying the Debit Arrangement. I/We will contact the Business if I/we wish to alter or defer the Debit Arrangement. I/We acknowledge that any request by me/us to stop or cancel the Debit Arrangement will be directed to the Business. I/We acknowledge that any dispute regarding a debit will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we will contact my/our financial institution. I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee (as referred to in the Debit Arrangement) may be payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit. I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business. I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and agree to pay those fees and charges to Ezidebit. "Ezidebit" may appear as the merchant for a payment from my/our credit card (including a debit or charge card). I/We acknowledge and agree that Ezidebit will not be liable for any disputed transactions resulting from the supply or non supply of goods and/or services and that all disputes will be directed to the Business (as Ezidebit is acting only as a Direct Debit Agent for the Business). The Transaction Fee for a debit to a Credit Card calculated as a percentage may be subject to a minimum amount. I/We appoint Ezidebit as my/our agent for the control, management and protection of my/our personal information (relating to the Business and this Direct Debit Request) which is disclosed to Ezidebit. I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy. Other than as provided in this Direct Debit Request or the Ezidebit Privacy Policy, Ezidebit will keep your personal information about your nominated account private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. The Ezidebit Privacy Policy can be found at http://www.ezidebit.com/au/privacy-policy/ I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and this Direct Debit Request) to release and provide such information to Ezidebit. I/We authorise: 1. Ezidebit to verify with my/our financial institution and/or correct, if necessary, details of my/our account; and 2. My/our financial institution to release information allowing Ezidebit to verify my/our account details.