These Terms and Conditions ("Terms") govern your use of Phoenix Suite (the "Service"), a software-as-a-service platform operated from Melbourne, Australia. By registering for or using the Service, you agree to these Terms.
2.1 To use the Service, you must register an account and provide accurate, complete information.
2.2 You must be at least 18 years old and have the authority to bind your organisation to these Terms.
2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
2.4 You must notify us immediately of any unauthorised access or security breach.
3.1 New accounts receive a 14-day free trial with access to all features.
3.2 No credit card is required to start a trial.
3.3 At the end of the trial, your account will be restricted until you purchase a subscription.
3.4 Customer Data is retained for 90 days after trial expiry before deletion.
4.1 Paid subscriptions are billed monthly in advance via Stripe.
4.2 All prices are in Australian Dollars (AUD) and inclusive of GST where applicable.
4.3 Subscriptions automatically renew each month unless cancelled.
4.4 We reserve the right to change pricing with at least 30 days' notice. Continued use after the change date constitutes acceptance.
4.5 Failed payments will be retried. Accounts with unpaid invoices older than 14 days may be suspended.
4.6 No refunds are provided for partial months of service except where required by Australian Consumer Law.
5.1 You may cancel your subscription at any time from your account settings or by contacting support.
5.2 Cancellation takes effect at the end of the current billing period.
5.3 Upon cancellation:
5.4 A 7-day cooling-off period applies to new subscriptions under the Australian Consumer Law.
6.1 You retain full ownership of your Customer Data. We claim no rights over the data you upload or create using the Service.
6.2 You grant us a limited licence to store, process, transmit, and display Customer Data only as necessary to provide the Service.
6.3 You are responsible for ensuring you have the right to upload and use any Customer Data, including obtaining necessary consents from End Users.
6.4 You can export your Customer Data at any time in standard formats (CSV, JSON).
6.5 You are the data controller for End User information. We are a data processor. See our Privacy Policy for details.
You agree NOT to:
Violation of this section may result in immediate account suspension or termination without refund.
8.1 We aim for 99.9% uptime but make no guarantees regarding uninterrupted availability.
8.2 Scheduled maintenance will be communicated in advance where possible.
8.3 We are not liable for downtime caused by third-party providers (hosting, payment processors, email/SMS services) or factors outside our reasonable control.
9.1 Support is provided via email at support@phoenixsuite.com.au.
9.2 Standard response time is within 2 business days (Melbourne time).
9.3 Priority support is included in the Platinum plan and for customers with annual contracts.
10.1 Phoenix Suite, including all software, designs, trademarks, and documentation, is owned by us and protected by intellectual property laws.
10.2 We grant you a non-exclusive, non-transferable, revocable licence to use the Service during your subscription period.
10.3 You retain ownership of your Customer Data and any content you create using the Service.
The Service integrates with third-party providers including Stripe (payments), SMTP2GO (email), Twilio (SMS), and Xero/MYOB/QuickBooks (accounting). Your use of these integrations is governed by their respective terms. We are not liable for issues caused by third-party services.
12.1 To the maximum extent permitted by law, our liability to you is limited to the fees paid by you in the 12 months preceding the claim.
12.2 We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.
12.3 Nothing in these Terms excludes or limits any consumer guarantees or rights you have under the Australian Consumer Law that cannot legally be excluded.
12.4 Our liability for breaches of non-excludable consumer guarantees is limited, at our option, to providing the Service again or refunding fees paid.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
14.1 Either party may terminate this agreement at any time.
14.2 We may terminate or suspend your account immediately if:
14.3 Upon termination, your licence to use the Service ends immediately and your data will be handled according to Section 5.
We may update these Terms from time to time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.
These Terms are governed by the laws of Victoria, Australia. Any dispute shall be resolved in the courts of Victoria. Both parties agree to attempt mediation before pursuing legal proceedings.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Phoenix Suite regarding the Service.
Email: support@phoenixsuite.com.au
Post: Phoenix Suite, Melbourne, Australia
Website: phoenixsuite.com.au