General FGS Store Terms & Conditions

FGS Advisory Pty Ltd will provide you (Customer) with the product or service as described (“Services”) within a reasonable time frame for the work to be completed. Term(s) begin upon FGS Advisory Pty Ltd’s receipt and acceptance of Customer’s order and payment for Services (“Commencement Date”).

Restrictions

Services will be provided, to Customer in accordance with the terms indicated in this document. FGS Advisory Pty Ltd has no obligation to provide service or support until FGS Advisory Pty Ltd has received full payment for the Service. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and will be available on FGS Advisory Pty Ltd’s website.

FGS Advisory Pty Ltd is an implementation partner with Xero Australia Ltd and cannot take responsibility for technical faults or downtime attributed to the software product(s). Any issues with product serviceability should be passed on to the Software Developers (practicemanager@xero.com, support@xero.com).

FGS Advisory Pty Ltd is not responsible for any lost or corrupted software or data. FGS Advisory Pty Ltd strongly recommends that Customer maintain a complete data backup on a regular basis.

Cancellation

FGS Advisory Pty Ltd may change this policy without prior written notice at any time, at FGS Advisory Pty Ltd’s sole discretion. Customer may cancel order for a full refund (less any transaction costs) within 7 days of receipt. Any other refund will be determined by FGS Advisory Pty Ltd based on the passage of time and/or portion of Services provided, at FGS Advisory Pty Ltd’s discretion. Customer must contact the FGS Advisory Pty Ltd support email address (support@fgsadvisory.com.au) for return processing.

Warranties

FGS Advisory Pty Ltd makes no express or implied warranties with respect to the product or service, including but not limited to any warranty or condition with respect to the performance of any software used in conducting services, or any express or implied warranties or conditions concerning the results to be obtained from the product or service or the results of any recommendation FGS Advisory Pty Ltd may make, including without limitation any implied warranties or conditions concerning the performance, suitability, non-infringement or fitness for a particular purpose of any of the deliverables or of any system that may result from the implementation of any recommendation FGS Advisory Pty Ltd may provide. FGS Advisory Pty Ltd reserves the right to modify its warranty retrospectively at any time, at its sole discretion.

Limitation of Liability

FGS Advisory Pty Ltd does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software, or the provision of services. FGS Advisory Pty Ltd will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. The Customer agrees that for any liability related to the purchase of this product or service, FGS Advisory Pty Ltd is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of goods or services under this agreement.

Waiver

The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.

 

Specific Support Services Terms & Conditions

FGS Advisory Pty Ltd will provide you (Customer) with unlimited support assistance (“Support Services”) for a term of one (1) year. Term(s) begin upon FGS Advisory Pty Ltd’s receipt and acceptance of Customer’s order of Support Services (“Commencement Date”).

Phone and email support is available Monday through Friday, 9:00 am to 5:00 pm NSW Time – excluding weekends and observed NSW and VIC Holidays. Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of FGS Advisory Pty Ltd. Phone support requests will be handled in the order in which they are received. Agreement-based email support requests will be processed within two (2) business days.

Support is provided only for the products known as “Xero Practice Manager”, “eShell”, “Xero Workpapers” and “Xero Report Packs”. No other product, including “Xero” is supported under this agreement.

Restrictions

Service and support will be provided, to Customer in accordance with the terms indicated in this document. FGS Advisory Pty Ltd has no obligation to provide service or support until FGS Advisory Pty Ltd has received full payment for the Support Agreement(s). Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and will be available on FGS Advisory Pty Ltd’s website. Customer will be provided Support Services only for the software product (“Product”) in which the Support Agreement was purchased. Support availability for a particular Product version is subject to change at any time without notice.

FGS Advisory Pty Ltd may limit or terminate support service to, or may elect not to renew additional support if Customer uses the service in an irregular, excessive, abusive or fraudulent manner or uses Product(s) with third party software that is determined at FGS Advisory Pty Ltd’s sole discretion to be incompatible. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in Product documentation, and discussion of issues that are not related to product support. Coverage is non-transferable and is valid for the Customer only. Resale or transfer of support plans to another business is strictly prohibited, and will be grounds for termination or non-renewal of support.

Cancellation

FGS Advisory Pty Ltd may change this policy without prior written notice at any time, at FGS Advisory Pty Ltd’s sole discretion. Customer may cancel this Agreement within 30 days of receipt, or with 30 days notice after the first contract period. Any refund will be determined by FGS Advisory Pty Ltd based on the passage of time and/or the number of support incidents at FGS Advisory Pty Ltd’s discretion. Customer must contact the FGS Advisory Pty Ltd support email address for return processing and may not cancel this Agreement after thirty (30) days of receipt.