The Service “The Service” means the provision of a web based competitions management service, support, web site or sites, supporting software, hardware and infrastructure to provide the outcomes listed in the agreement.
InteractSport “InteractSport” refers to Interact Sport P/L (ABN 94 111 117 116)
The Client “The Client” refers to the person, organisation, sporting body or entity contracting InteractSport to supply the service.
The Agreement “The Agreement” is this document and any other schedule or service description signed by both The Client and InteractSport as per the terms detailed.
Administrative Access “Administrative Access” means access to the administration areas of the site(s) for the purposes of
data upload, maintenance or administration. This area is password protected.
Public Access “Public Access” means access to the public web site to view results, statistics, and other information. It is
not password protected.
1. Service Term
The Service Term is defined in The Agreement – “Service Period”.
If The Agreement is not extended or renegotiated after expiry, InteractSport reserves the right to terminate or restrict access to The Service including Administration and Public access.
InteractSport is under no obligation to keep, maintain or backup data that had been previously entered or uploaded by The Client after an agreement has expired or has been terminated. A copy and extract of data will be made available to The Client at the time of expiration upon request.
InteractSport is not bound to provide any form of access or service after The Agreement has expired or has been terminated.
InteractSport reserves the right to terminate or restrict The Service including Administration and Public Access for failure to pay for services from 21 days after written notice to terminate is given.
InteractSport reserves the right to terminate or restrict The Service immediately without notice if any of the Conditions of Use in section 5 are breached by The Client.
2. Service Provision, Inclusions & Exclusions
The service inclusions are described within the agreement.
InteractSport will provide The Service so that it is:
i. available to the maximum extent possible within our control, notwithstanding any planned system outages for upgrades and maintenance that we may announce from time to time with sufficient notice given to The Client provided no reasonable objection is raised by The Client.
ii. acceptable in terms of performance and speed, being comparable with other major web sites
iii. recoverable in case of system crash, accident or disaster so as to minimise downtime and data loss
InteractSport is not bound to manually provide any data extracts during or after the term of the agreement. The Client may obtain data extracts via the relevant administration functions at any time, subject to Clause 1d above.
The Client is responsible for the integrity of equipment and software used to transmit data to The Service and to pay for Internet service costs associated with such transmission.
Extra services not covered in the attached agreement, requested by the Client, will be paid within 30 days following submission of invoices with authorised purchase details from The Client.
InteractSport must, at all times, ensure that it keeps a back up of all data submitted to ResultsVault during the previous 7 days and provide The Client with assistance retrieving data from the back up records in the event that data entered into ResultsVault is lost or otherwise unable to be accessed.
3. Confidentiality & Privacy
InteractSport will use its best endeavours to protect information entered into ResultsVault that is considered “personal information” under Privacy laws or otherwise of a confidential nature from being accessed by others.
4. Limitation/Disclaimer of Liability
We accept liability for the supply of the Service but only to the extent provided in this clause.
InteractSport does not represent or warrant that The Client will receive continual and uninterrupted Service during the term of this agreement. In no event shall InteractSport be liable to The Client for any damages resulting from or related to any failure or delay of InteractSport to provide services under this agreement, if such delay or failure is due to an act of God, any governmental authority, war, civil disturbance, court order, labor dispute, third party nonperformance caused by an act of force majeure as defined in this Section, or any other cause beyond its reasonable control, including without limitation failures in telecommunications equipment or lines, Internet connections, or other equipment. Such deemed nonperformance shall not be a default under this Agreement or a ground for termination of this Agreement. If an ongoing interruption is likely to eventuate, any payments for service due will be adjusted to allow for the interruption on an agreed pro rata basis for the time endured.
We accept liability where:
i. the Service is not supplied with due care and skill;
ii. any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and
iii. we are otherwise required to do so by the Trade Practices Act.
Our liability under clause 4c is limited to, at our option of resupplying or paying for the costs of having the services resupplied, if the liability relates to services.
Other than liability accepted by us in clause 4c, neither party is liable for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
Other than liability accepted by us in clause 4c, our total liability for loss or damage of any kind not excluded by clauses 4b and 4e, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter is limited in aggregate for any and all claims to the amount payable by The Client to InteractSport under The Agreement.
Under this Agreement, InteractSport will not be held liable for any breach of privacy as defined in the Australian Privacy Act 1988 by The Client.
5. Conditions of Use
The Client is deemed responsible for the actions of any person that they authorise for administrative access by providing a system login. This includes staff and management / operational staff and association / club management personnel. The Service contains permission levels for access control for administrative functions.
The Client must not grant logins or pass on login or password information to any person, party or affiliate who do not directly carry out data entry or administrative functions for the Client.
The Client must not use the Service, attempt to use the Service or allow the Service to be used in any way:
i. to send unsolicited “spam” email
ii. to upload pornographic images or material
iii. which results in The Client or InteractSport breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that The Client have agreed to comply with;
iv. which results, or could result, in damage to property or injury to any person;
v. which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
vi. which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;
vii. to send, display or be otherwise involved in material which is obscene or defamatory;
viii. which is, or which would be considered by a reasonable person to be, offensive or abusive;
ix. to engage in any misleading or deceptive business or marketing practice;
x. that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
xi. which infringes InteractSport’s or any other person's rights (including intellectual property rights and moral rights);
xii. which constitutes a misuse of InteractSport’s or any other person's confidential information;
d. Where the Service has not been used in accordance with the requirements in Clause 5c, InteractSport reserves the right to terminate services to a client immediately without notice.
a. The Client acknowledges that the Service cannot be guaranteed free of errors and further acknowledges that the existence of any such errors shall not constitute a breach of this Agreement.
7. Ownership of Intellectual Property & Data
a. The Client acknowledges and agrees that all right, title and interest in the Services, including technology embodied therein, or used in connection with the Services, provided in connection with this Agreement, including all copyrights, patents, moral rights, trade secrets, trademarks and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to InteractSport.
b. The Client shall retain ownership of all copyright in materials, data or other information submitted to The Service regardless of whether that data or other information was submitted by The Client or another person with permission.
d. InteractSport acknowledges that The Client is not responsible for data entered into The Service by any party other than The Client.
8. Governing Law
a. This Agreement will be governed by and interpreted in accordance with the laws of Victoria (Australia) and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
a. Waiver by a party of any breach by the other party shall not be deemed a waiver of any other or subsequent breach.
10. Data Management (Recovery & Security)
a. For the duration of The Agreement, InteractSport must at all times ensure that ResultsVault, related database and data
information is backed up and replicated to a mirror site operated by InteractSport and must provide The Client with access to this back up material at no cost if any data or information related to ResultsVault is lost, damaged or destroyed.
b. InteractSport give an assurance regarding the following practices that accommodate different recovery scenarios ranging from loss of web server capacity to complete loss of hosting ability (ie: fire or permanent Internet outage):
i. Transaction log backups hourly on main database server
ii. Hourly database log shipping to redundant database server
iii. Full database backup nightly stored both onsite and offsite
iv. Regular system snapshots captured to permanent media
v. All system use RAID 1 disc mirroring to guard against disc failure
vi. Multiple redundant web serving ability in web farm configuration
vii. Regular complete rebuilds of servers to test recovery from scratch
11. Entire Agreement
a. This Agreement comprises the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, representations and correspondence between the parties with respect to that subject matter.