The Big print

  • All prices exclude GST and billed monthly,
  • Minimum contract term of 24 months, then the agreement continue on a month to month basis.
  • Ultimate package annual credit expires 31 December of a calendar year
  • Online monitored cloud backup has a one-off set up fee of $99. Cloud backup and compulsory with HB Pay features. It is not automated and must be scheduled with our support team by calling 1300 880 582, option 1
  • # Education is subject to availability and bookings are essential, hours expire at the end of each calendar year
  • Software licences are not included within the support subscription with the exception of one remote licence (TSPlus) and one (network) in salon licence. The licences are cancelled if the agreement is cancelled.
  • Support opening hours are AEST/AEDST
    Monday – Friday 8:30am – 7:00pm Saturday 8:30am – 3:30pm
    Excluding National Public Holidays
  • Must be running a 2018 update or later, 2017 and earlier require a software subscription.

The Small Print

  1. Background
    1. Nexpos Pty Ltd (ACN 126 406 013) of Suite 3, Level 2, 86-88 Mann Street, Gosford, New South Wales 2250 (Nexpos) is the authorised exclusive licensee in Australia and New Zealand of the Hairware and Beautyware software products (Software) developed by Salon Software Pty Ltd.
    2. Nexpos provides the website (Website), various packages located the Website to support end users of the Software (Support Subscription Packages), the phone number 1300 880 582 and other communication and product information services (separately and collectively the Services).
    3. By using the Services, you (the Client) wish to enter into an agreement with Nexpos on the terms provided below.
  2. Acceptance by Client
    1. By clicking on the “I agree”, a similar button or checkbox that is presented to you at the time of placing your order, or by using the Services, you agree to be bound by the terms of this Agreement. If you do not agree with any of the Agreement, you must not use the Services.
    2. The date on which the acceptance of this Agreement is made by the Client in accordance with this clause 2 will be the commencement date of this Agreement (Commencement Date).
  3. Term
    1. This Agreement will commence on and from the Commencement Date and will continue in force for a period of 24 months (Term).
    2. If at the conclusion of the Term this Agreement has not been terminated or renewed, this Agreement will continue on the same terms on a month-to-month basis (Monthly Period).
    3. The Agreement may be terminated by either party during the Monthly Period by providing the other party with thirty (30) days written notice.
  4. Services
    1. Nexpos must, to the best of its ability, provide the Services to the Client for the duration of the Term or Monthly Period, as the case may be.
  5. Maintenance Fees
    1. As consideration for the Services, the Client agrees to pay Nexpos the amount indicated for the Support Subscription Package(s) (Maintenance Fee) as purchased by the Client.
    2. The Client acknowledges and agrees that the Maintenance Fee will be paid in advance and in full by direct debit, or as agreed in writing with Nexpos, to access and use the Services. The Client’s account will be debited on the Commencement Date of this Agreement and will be debited on that date each month thereafter (Billing Date). Nexpos will provide the Client with a tax invoice within seven (7) days of the Billing Date.
    3. If Nexpos is unable to bill the Client’s account or the Maintenance Fee has not been paid in full within twenty one (21) days of the Billing Date, Nexpos may suspend the Services until such time as all outstanding Maintenance Fees have been paid in full.
    4. Nexpos may charge the Client $25.00 fee to reinstate the Service. The Client acknowledges and agrees that aforementioned fee is not a penalty, but it is a reasonable estimate of the costs incurred by Nexpos in reinstating the Services.
  6. Client to Maintain Accurate Records
    1. The Client must provide Nexpos with their email address, phone number and street address (Contact Details).
    2. If the Client’s Contact Details change, the Client must give written notice to Nexpos of the new Contact Details as soon as is reasonably possible.
  7. Access to Client’s Computer, Device and Network
    1. The Client acknowledges and agrees that Nexpos, its employees, contractors and agents, will from time to time need to access the Client’s computer, device and network to provide the Services.
    2. Nexpos must give the Client notice prior to carrying out the actions listed in clause 7.3.
    3. Subject to notice being given in accordance with clause 7.2, the Client authorises and consents to Nexpos:
      1. accessing the Client’s computer, device and network; and
      2. modifying, adding or deleting data of the Client’s computer, device and network, solely for the purposes of providing the Services.
  8. Interruption to the Services
    1. The Client acknowledges and agrees that at certain times the Services may be unavailable for use due to periodic updates or circumstances beyond the control of Nexpos (including, without limitation, power and system failures).
  9. Variation of Support Subscription Packages and the Service
    1. Nexpos may, acting reasonably, vary the price, scope of Services or any other attribute of any Support Subscription Package by providing the Client with 30 days written notice.
  10. Termination
    1. This Agreement may be terminated by a party if the other party is in material breach of this Agreement, provided the party first provides the defaulting party with written notice of said breach, and provides such party with seven (7) days to cure the breach.
    2. Nexpos may terminate this Agreement immediately at any time at is sole discretion by providing the Client written notice.
    3. The Client may terminate this agreement by providing Nexpos with thirty (30) days written notice.
    4. If this Agreement is terminated under clause 10.3 and:
      1. the Term has not expired, the Client must pay to Nexpos the balance of the remaining Maintenance Fees due during the Term and they will be payable on the termination date; or
      2. the Term has expired and this Agreement is operating on a Monthly Period, any Maintenance Fees paid by the Client will not be refunded, prorated or otherwise, for the remainder of the Monthly Period.
  11. Confidentiality
    1. The terms of this Agreement are confidential and Nexpos provides these terms in confidence.
    2. The Client will not disclose any of the terms of this Agreement or any information relating to the Services for the duration of the Agreement and for twenty four (24) months following the termination of this Agreement.
  12. Indemnify, Defend and Hold Harmless
    1. To the extent permitted by law, the Client agrees to indemnify, defend and hold harmless Nexpos, its employees, contractors and agents, from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including reasonable legal fees) arising out of or in connection with this Agreement.
  13. Limitation of Liability
    1. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision). However, to the maximum extent permitted by law, Nexpos’s liability to the Client for failure to comply with any Non-Excludable Provision is limited (at Nexpos’s option):
      1. in the case of goods – to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired (as determined by us); or
      2. in the case of services – to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by Nexpos).
    2. Except as specified in this section, to the maximum extent permitted by law:
      1. Nexpos will not be liable to the Client for any special, consequential, indirect or incidental damages or loss; and
      2. Nexpos will not be liable to the Client, whether in contract, tort (including negligence), statute or otherwise, in relation to this Agreement or its subject matter.
  14. Notices
    1. All notices in connection with this Agreement must be sent by email.
    2. All notices sent to the Client by Nexpos will be sent to the Contact Details Nexpos has recorded on file. The Client must maintain accurate Contact Details in accordance with clause 6.
    3. The Client must send all notices to Nexpos to or to any another email address as directed by Nexpos by written notice.
  15. Miscellaneous
    1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and representations of the parties related to these matters, whether written or oral.
    2. If any provision or part of any provision in this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, it shall be severed without affecting the validity of the balance of the Agreement.
    3. This Agreement may not be varied except by an instrument in writing signed by each party’s duly authorized representative.
    4. This Agreement will be governed by the laws of New South Wales, Australia. The Client agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of dispute arising out of, or in connection with, the Agreement or any use of the Services.